Cardiac emergency repsonse plans (CERPs); require public and charter schools to provide AEDs on site for shool athletic events.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Roberson, McLean

HOUSE BILL NO. 633

AN ACT TO AMEND SECTION 37-11-85, MISSISSIPPI CODE OF 1972, 1
TO DEFINE THE TERM "HIGH-NEEDS SCHOOLS" FOR THE PURPOSE OF CARDIAC 2
EMERGENCY RESPONSE PLANS FOR PUBLIC AND CHARTER SCHOOLS; TO AMEND 3
SECTION 37-11-87, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOLS AND 4
SCHOOL-SPONSORED ATHLETIC EVENTS TO ADOPT AND IMPLEMENT A CARDIAC 5
EMERGENCY RESPONSE PLAN THAT INTEGRATES EVIDENCE-BASED CORE 6
ELEMENTS IN ACCORDANCE WITH THE AMERICAN HEART ASSOCIATION 7
GUIDELINES OR ANOTHER NATIONALLY RECOGNIZED, EVIDENCE-BASED 8
STANDARD; TO REQUIRE ALL SCHOOL-SPONSORED ATHLETICS TO PROVIDE AN 9
AED ON SITE AT OR THAT IS RETRIEVABLE AND ABLE TO BE PLACED ON A 10
VICTIM WITHIN THREE MINUTES OF EACH ATHLETE VENUE FOR PRACTICES, 11
GAMES OR OTHER ATHLETIC EVENTS; TO BRING FORWARD SECTIONS 73-25-37 12
AND 41-60-33, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF 13
POSSIBLE OF AMENDMENTS; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 37-11-85, Mississippi Code of 1972, is 16
amended as follows: 17
37-11-85. The following terms shall have the meanings 18
ascribed herein: 19
(a) "Cardiac Emergency Response Plan (CERP)" shall mean 20
a written document that establishes the specific steps to reduce 21
death from cardiac arrest in any setting – be it a school, 22
community organization, workplace, or sports facility. 23
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(b) "Automated External Defibrillator (AED)" shall mean 24
a lightweight, portable device that delivers an electric shock 25
through the chest to the heart. The shock can potentially stop an 26
irregular heartbeat (arrhythmia) and allow a normal rhythm to 27
resume following sudden cardiac arrest (SCA). 28
(c) "Sudden Cardiac Arrest (SCA)" means when the heart 29
malfunctions and stops beating unexpectedly, and if not treated 30
within minutes, it quickly leads to death. 31
(d) "High-needs schools" means schools where at least 32
fifty percent (50%) of children enrolled are eligible to receive 33
free and reduced priced meals or the school participates in the 34
Community Eligibility Provision or Universal Free Meals. 35
High-need schools may also be defined by Title I status. 36
SECTION 2. Section 37-11-87, Mississippi Code of 1972, is 37
amended as follows: 38
37-11-87. (1) Beginning in the 2024-2025 school year, each 39
public school shall develop a cardiac emergency response plan 40
(CERP) that addresses the appropriate use of school personnel to 41
respond to incidents involving an individual experiencing sudden 42
cardiac arrest or a similar life-threatening emergency while on 43
school and school athletic venue grounds. 44
(2) Beginning in the 2024-2025 school year, each public 45
school with an athletic department or organized athletic program 46
shall develop a cardiac emergency response plan that addresses the 47
appropriate use of school personnel to respond to incidents 48
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involving an individual experiencing sudden cardiac arrest or a 49
similar life-threatening emergency while attending or 50
participating in an athletic practice or event while on school 51
grounds. 52
(3) School officials shall work directly with local 53
emergency service providers to integrate the CERP into the 54
community's EMS responder protocols. Each plan shall integrate 55
evidence-based core elements, such as those recommended by the 56
American Heart Association guidelines or another nationally 57
recognized, evidence-based standard. 58
(4) The CERP shall integrate, at a minimum, the following 59
guidelines: 60
(a) Establishing a cardiac emergency response team 61
whose members have current CPR and AED training from a nationally 62
recognized organization; 63
(b) Activating the team in response to a SCA; 64
(c) A plan for implementing AED placement and routine 65
maintenance within the school; 66
(d) Disseminating the plan throughout the school 67
campus; 68
(e) Maintaining ongoing staff training in CPR/AED use; 69
(f) Practicing using drills annually; 70
(g) Integrating local EMS with the plan; and 71
(h) Ongoing and annual review and evaluation of the 72
plan. 73
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(5) Appropriate AED placement shall be dictated by the CERP 74
and in accordance with guidelines set by the American Heart 75
Association or another nationally recognized, evidence-based 76
standard. An automated external defibrillator (AED) must be 77
identified with appropriate signage, is on-site or placed and made 78
available in an unlocked location on school property that can be 79
placed on a victim within three (3) minutes of each school 80
athletic venue. The AED shall be accessible during the school day 81
and any other time in which a school-sponsored athletic event or 82
team practice, in which pupils of the school are participating. A 83
school or local and regional board of education may accept gifts, 84
grants and donations, including in-kind donations designated for 85
the purchase of an AED that meets the standards established by the 86
United States Food and Drug Administration and for the costs 87
incurred to inspect and maintain such device and train staff in 88
the use of such device. 89
(6) Appropriate school staff shall be trained in first-aid, 90
CPR, and AED use that follow evidence-based guidelines set forth 91
by the American Heart Association or another nationally 92
recognized, evidence-based standard. Staff trained shall be 93
determined by the CERP, including, but not limited to, licensed 94
coaches, school nurses and athletic trainers. 95
SECTION 3. (1) The State Department of Education shall 96
designate funds to aid in implementing cardiac emergency response 97
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plans (CERPs), which integrate nationally recognized core elements 98
in accordance with the American Heart Association, provided that: 99
(a) Funding shall be used for activities and equipment 100
that further promotes CERP preparedness, including but not limited 101
to the purchase of AEDs and AED maintenance (pads and battery 102
replacement), the purchase of CPR training kits or CPR training 103
for faculty and staff, basic first aid training and educational 104
materials; and 105
(b) Funding priority shall be given to high-needs 106
schools. 107
(2) The State Department of Education may establish a 108
procedure for monitoring adherence by local school boards, 109
operators of independent charter schools and the governing bodies 110
of private schools to the requirements set forth in Section 111
37-11-87. 112
(3) A local and regional board of education may accept 113
gifts, grants and donations, including in-kind donations 114
designated for the purchase of an automatic external defibrillator 115
(AED) that meets the standards established by the United States 116
Food and Drug Administration, and for the costs incurred to 117
inspect and maintain such device and train staff in the use of 118
such device. 119
SECTION 4. Section 73-25-37, Mississippi Code of 1972, is 120
brought forward as follows: 121
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73-25-37. (1) No duly licensed, practicing physician, 122
physician assistant, dentist, registered nurse, licensed practical 123
nurse, certified registered emergency medical technician, or any 124
other person who, in good faith and in the exercise of reasonable 125
care, renders emergency care to any injured person at the scene of 126
an emergency, or in transporting the injured person to a point 127
where medical assistance can be reasonably expected, shall be 128
liable for any civil damages to the injured person as a result of 129
any acts committed in good faith and in the exercise of reasonable 130
care or omissions in good faith and in the exercise of reasonable 131
care by such persons in rendering the emergency care to the 132
injured person. 133
(2) (a) Any person who in good faith, with or without 134
compensation, renders emergency care or treatment by the use of an 135
Automated External Defibrillator (AED) in accordance with the 136
provisions of Sections 41-60-31 through 41-60-35, as well as the 137
person responsible for the site where the AED is located if the 138
person has provided for compliance with the provisions of Sections 139
41-60-31 through 41-60-35, shall be immune from civil liability 140
for any personal injury as a result of that care or treatment, or 141
as a result of any act, or failure to act, in providing or 142
arranging further medical treatment, where the person acts as an 143
ordinary, reasonably prudent person would have acted under the 144
same or similar circumstances and the person's actions or failure 145
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to act does not amount to willful or wanton misconduct or gross 146
negligence. 147
(b) A person who has not complied with the provisions 148
of Sections 41-60-31 through 41-60-35, but who has access to an 149
AED and uses it in good faith in an emergency as an ordinary 150
prudent person would have done in the same or similar 151
circumstances, shall be immune from civil liability for any 152
personal injury as a result of an act or omission related to the 153
operation of or failure to operate an AED if the person's actions 154
or failure to act do not amount to willful or wanton misconduct or 155
gross negligence. 156
(c) A school district, school district employee or 157
agent acting in good faith who provides assistance or services 158
under this act shall be immune from civil prosecution and shall 159
not be liable in any action for civil damages in his or her 160
individual, marital, governmental, corporate or other capacity as 161
a result of the services provided under Sections 37-11-85 and 162
37-11-87. 163
(3) Any employee of a local public school district, a 164
private school, or parochial school, trained in the administration 165
of auto-injectable epinephrine, who provides, administers, or 166
assists in the administration of auto-injectable epinephrine, in 167
accordance with the provisions of Section 37-11-71, to a student 168
believed in good faith to be having an anaphylactic reaction, 169
shall be immune from civil liability for any personal injury as a 170
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result of that care or treatment if the employee's actions or 171
failure to act do not amount to willful or wanton misconduct or 172
gross negligence. 173
(4) The immunity from civil liability for any personal 174
injury under subsection (2) of this section includes the licensed 175
physician who authorizes, directs or supervises the installation 176
or provision of AED equipment in or on any premises or conveyance 177
other than a medical facility, the owner of the premises where an 178
AED is used, the purchaser of the AED, a person who uses an AED 179
during an emergency for the purpose of attempting to save the life 180
of another person who is or who appears to be in cardiac arrest, 181
and the person who provides the CPR and AED training. 182
(5) The immunity from civil liability for any personal 183
injury under subsection (3) of this section includes the licensed 184
physician who prescribes the auto-injectable epinephrine, the 185
school district, or any other entity, that legally obtained the 186
auto-injectable epinephrine, and the person who provides the 187
training in the administration of auto-injectable epinephrine. 188
(6) The immunity from civil liability under subsection (2) 189
and subsection (3) of this section does not apply if the personal 190
injury results from the gross negligence or willful or wanton 191
misconduct of the person rendering the emergency care. 192
(7) Except in cases of gross negligence or willful 193
misconduct, civil immunity shall apply to any licensed physician 194
or licensed pharmacist who prescribes or makes recommendation to 195
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an eligible patient regarding prescription for or treatment with 196
an investigational drug, biological product or device under the 197
provisions of Section 41-131-1, and the State Board of Medical 198
Licensure and/or the State Board of Pharmacy, as the case may be, 199
shall be prohibited from taking any adverse action against the 200
license of such physician or pharmacist based solely on the 201
physician's action under the provisions of Section 41-131-1. 202
SECTION 5. Section 41-60-33, Mississippi Code of 1972, is 203
brought forward as follows: 204
41-60-33. (1) Any person may use an automated external 205
defibrillator for the purpose of saving the life of another person 206
in sudden cardiac death, subject to the following requirements: 207
(a) A Mississippi licensed physician must exercise 208
medical control authority over the person using the AED to ensure 209
compliance with requirements for training, emergency medical 210
services (EMS) notification and maintenance; 211
(b) The person using the AED must have received 212
appropriate training in cardiopulmonary resuscitation (CPR) and in 213
the use of an AED by the American Heart Association, American Red 214
Cross, National Safety Council or other nationally recognized 215
course in CPR and AED use; 216
(c) The AED must not operate in a manual mode except 217
when access control devices are in place or when appropriately 218
licensed individuals such as registered nurses, physicians or 219
emergency medical technician-paramedics utilize the AED; and 220
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ST: Cardiac emergency repsonse plans (CERPs);
require public and charter schools to provide
AEDs on site for shool athletic events.
(d) Any person who renders emergency care or treatment 221
on a person in sudden cardiac death by using an AED must activate 222
the EMS system as soon as possible, and report any clinical use of 223
the AED to the licensed physician. 224
(2) All public schools and charter schools shall be exempt 225
from the provisions of this section when acting in accordance with 226
Sections 37-11-85 and 37-11-87. 227
SECTION 6. This act shall take effect and be in force from 228
and after July 1, 2026. 229