H 3831

South Carolina General Assembly
126th Session, 2025-2026
Bill 3831
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Committee Amendment Adopted
March 17, 2026
H. 3831
Introduced by Reps. Lawson, Hayes, Sessions, T.
Moore, McCravy, Guffey, Chapman, M. M. Smith, Gagnon, Martin, Moss, Duncan,
Sanders, Grant, Howard, Bauer, Pedalino, Robbins, Schuessler, Rivers and Waters
S. Printed 3/17/26--S.
Read the first time April 9, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"SMART HEART ACT" BY ADDING SECTION 59-17-165 SO AS TO PROVIDE DEFINITIONS AND
TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF A CARDIAC EMERGENCY
RESPONSE PLAN IN EACH PUBLIC SCHOOL; AND BY AMENDING SECTION 59-17-155,
RELATING TO THE AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM IN HIGH SCHOOLS, SO AS
TO PROVIDE EACH PUBLIC SCHOOL SHALL ENSURE THE PRESENCE OF AN AUTOMATED
EXTERNAL DEFIBRILLATOR ONSITE AND WITHIN CERTAIN PROXIMITY OF SCHOOL ATHLETIC
VENUES, AND TO PROVIDE RELATED TESTING, MAINTENANCE, AND PERSONNEL TRAINING
REQUIREMENTS.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Smart Heart Act."
SECTION 2.  Chapter 17, Title 59 of the S.C. Code is amended by
adding:
    Section
59-17-165. (A) As used in this
section:
       (1)
"Cardiac Emergency Response Plan" or "CERP" means a written document that
establishes the specific steps to reduce death from cardiac arrest in a school,
workplace, sports facility, or any other school setting.
       (2)
"Automated External Defibrillator" or "AED" has the same meaning as found in
Section 44-76-20.
       (3)
"Sudden Cardiac Arrest" means the occurrence of when the heart malfunctions and
stops beating unexpectedly.
    (B)
Each public school district or charter school boards of trustees shall develop
a cardiac emergency response plan that addresses the appropriate use of school
personnel to respond to incidents involving an individual experiencing sudden
cardiac arrest or a similar life-threatening emergency while on school grounds.
    (C)
Each public school district or charter school with an athletic department or
organized athletic program that competes in interscholastic activities shall
address in their CERP the appropriate use of school personnel to respond to
incidents involving an individual experiencing sudden cardiac arrest or a
similar life-threatening emergency while attending or participating in a
school-sponsored athletic practice or event.
    (D)(1) The State Board of Education shall
develop standards, practices, and procedures that must be adopted by public
school districts and charter school board of trustees when developing a CERP
and utilizing training in accordance with nationally recognized, evidence-based
standards. Each CERP shall contain at the minimum, the following elements:
  (a)
establishment of a school-level cardiac emergency response team;
  (b)
activation of the team in response to a sudden cardiac arrest;
  (c)
implementation of AED placement and routine maintenance within each school
campus;
  (d)
maintaining ongoing designated staff training in cardiopulmonary resuscitation
and AED use;
  (e)
periodic practice of CERP function which may include drills involving
individuals identified by the school-level cardiac emergency response team;
  (f)
integration of local medical resources into the plan; and
  (g)
ongoing and annual review and evaluation of the plan.
       (2)
If a school's athletics department has a policy, procedure, or plan that
addresses catastrophic injury situations within sports, including cardiac
emergencies, that meets or exceeds the elements of  a CERP required in item
(1), then the school's policy, procedure, or plan satisfies the requirements of
item (1).
       (3)
District officials and charter schools shall work with local emergency service
providers to integrate the community's emergency management system (EMS)
protocols in its CERP.
    (E)
Appropriate AED placement must comply with the CERP in accordance with
evidence-based, emergency cardiovascular care guidelines.
    (F) A
private school, as defined in Section 59-1-110, or a private institution
sponsoring an athletic team or sport in which its students or teams compete
against a traditional or charter public school must also comply with this
section for the applicable team or sport.
    (G)
Subject to funding by the General Assembly or South Carolina Department of
Education, appropriate school staff must be trained in first aid, CPR, and AED
that meet standards adopted by the State Board. Designation of staff to be
trained pursuant to this subsection must be determined by the CERP which may
include, but may not be limited to, athletic coaches, school nurses, and
athletic trainers.
    (H)(1) A public school, public school
district, public school district governing authority, charter school, charter
school governing board, charter school authorizing authority, the South
Carolina Department of Education, and employees, volunteers, and other agents
of all of those entities including, but not limited to, a school nurse and
other designated school personnel, who undertake an act under this section, are
not subject to civil or criminal liability for damages caused by injuries to a
student or another person resulting from action taken pursuant to this section.
       (2)
The immunity granted pursuant to item (1) also applies to individuals and
entities who:
  (a)
develop or implement, or participate in the development or implementation of, a
plan, pursuant to subsection (B) or (C) including, but not limited to,
providing training to school nurses and other designated school personnel;
  (b)
make publicly available a plan, pursuant to subsection (B) or (C);
  (c)
provide first aid, CPR, or use an AED pursuant to the activation of the cardiac
emergency response plan.
       (3)
The immunity granted pursuant to this subsection:
  (a)
does not apply to acts or omissions constituting gross negligence or wilful,
wanton, or reckless conduct; and
  (b)
is in addition to, and not in lieu of, immunity provided pursuant to Sections
15-1-310, 15-78-10, and any other provisions of law.
       (4)
First aid, CPR, and AED administration pursuant to this section is not the
practice of medicine or nursing.
SECTION 3.  Section 59-17-155 of the S.C. Code is amended to read:
    Section
59-17-155. (A) Subject to appropriationsfunding by the
General Assembly or the South Carolina Department of
Education, each school district and the board of
each charter school shall develop and implement an automated external
defibrillator (AED) program meeting the
requirements of Chapter 76, of
Title 44 of the 1976 Code for each high school in
the district. The program must include provisions that:
       (1)
require an operational automatic external defibrillator
(AED) on the grounds of the high
school;
       (2)
require all persons who are reasonably expected to use the device to obtain
appropriate training, including completion of a course in cardiopulmonary
resuscitation or a basic first aid course that includes cardiopulmonary
resuscitation training and demonstrated proficiency in the use of an automated external defibrillatorAED.
The school district superintendent, or the superintendent's designee, and the charter school board of trustees, or charter school
board of trustees' designee, shall determine who is reasonably expected
to use the device;
       (3)
establish guidelines for periodic inspections and maintenance of the
defibrillators; and
       (4)
define the purpose of the program and the manner in which the program will
operate.
    (B) Subject to funding by the General
Assembly or South Carolina Department of Education and notwithstanding another
provision of law, rule, or regulation to the contrary, each public school,
including charter schools, shall ensure that:
       (1) an AED, as defined in Section
44-76-20, must be accessible from each on campus school athletic venue and made
available in an unlocked location with appropriate signage on school property
as identified in the district cardiac emergency response plan. The AED must be
accessible during the school day and any other time in which a school-sponsored
athletic event or a team practice in which students are participating. The
presence of an emergency medical services provider, athletic trainer, school
nurse, or athletic coach equipped with an AED at a school athletic venue
satisfies this requirement;
       (2) an AED, as defined in Section
44-76-20, must be made accessible by the host team at each off-site athletic
event as specified in the district cardiac emergency response plan. If the host
team is unable to provide an AED, the entity sanctioning the event must ensure
that an AED is present. The presence of an emergency medical services provider,
athletic trainer, school nurse, or athletic coach equipped with an AED at a
school athletic event satisfies this requirement;
       (3) each defibrillator must be tested
and maintained according to the operational guidelines of the manufacturer and
notification must be provided to the appropriate first aid, ambulance, rescue
squad, or other appropriate emergency medical services provider regarding the
type of defibrillator available and its location; and
       (4) all athletics coaches shall obtain
and maintain training in cardiopulmonary resuscitation, first aid, and the use
of the AED. This training in cardiopulmonary resuscitation and AED use must be
consistent with evidence-based, emergency cardiovascular care guidelines.
    (B)(C)(1) Any
person or entity acting in good faith and gratuitously shall be immune from
civil liability for the use of an automated external
defibrillatorAED unless the person was
grossly negligent in the use.
       (2)
Any designated automated external defibrillatorAED user meeting the requirements of Section 44-76-30(1)
and acting according to the required training shall be immune from civil
liability for the application of an automated external
defibrillatorAED unless the application was
grossly negligent.
       (3)
A person or entity acquiring an automated external
defibrillatorAED and meeting the
requirements of Section 44-76-30 or an automated external
defibrillator AED liaison meeting the
requirements of Section 44-76-30 shall be immune from civil liability for the
use of an automated external defibrillator AED by any person or entity described in items (1) or (2)
of this subsection.
       (4)
A prescribing physician shall be immune from civil liability for authorizing
the purchase of an automated external defibrillatorAED, unless the authorization was grossly negligent.
    (C)(D) Any person or entity, acting in good faith and
gratuitously, that teaches or provides a training program for cardiopulmonary
resuscitation that includes training in the use of an automated external defibrillatorAED
is immune from civil liability for providing this training for use if the:
       (1)
person or entity has provided the training in accordance with the guidelines
and policies of a national training organization, as defined in Section
44-76-30(1);
       (2)
person providing the training is authorized to deliver that course or
curriculum; and
       (3)
training delivery was not grossly negligent.
    (D)(E) The Department of AdministrationState Fiscal Accountability Authority may establish a
state contract for the purchase of automated external
defibrillatorsAEDs.
    (F) The State Department of Education
shall pursue both public and private sources for funding to support the
implementation of this section at the local level and assist districts and
charter schools in applying for federal funds that are, or may be allocated,
for items associated with this section.
SECTION 4.  The
South Carolina Department of Education shall adopt rules and promulgate
regulations as necessary to implement the provisions of this act.
SECTION 5.  The provisions of this act take
effect July 1, 2026, and are applicable beginning with the 2027-2028 School
Year.
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This web page was last updated on March 17, 2026 at 02:57 PM