Tennessee § 49-2-122 - Placement of automated external defibrillator (AED) devices in schools.

§ 49-2-122. Placement of automated external defibrillator (AED) devices in schools.

All public schools must have at least one (1) automated external defibrillator (AED) device placed within the school. All schools required pursuant to subsection (a) to place AED devices in schools, shall comply with all provisions of title 68, chapter 140, part 4, relative to: Training; Establishment of a written plan that complies with § 68-140-404; Notification; Maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition in compliance with § 68-140-404; and Any other requirements. Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in this state. When a school receives its first AED, it shall place the AED in a location that may be accessed readily from any area of the school, which may include those areas of the school that are used for physical education or activity. Subsequently, additional AEDs shall be placed in locations that are accessible during emergency situations. AEDs shall not be placed in an office that is not accessible to any person who might need to use the AED or in any location that is locked during times that students, parents or school employees are present at school or school events. AEDs placed in schools shall be registered with local emergency medical services providers as required by §§ 68-140-403(2) and 68-140-404(6). LEAs and schools responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED. A teacher, school employee or other person employed by the LEA responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED. Misuse or abuse of any AED device on school property by a student is disorderly conduct and the student shall be subject to disciplinary action. Acts 2008, ch. 795, §§ 2, 4; 2010, ch. 819, § 2; 2011, ch. 179, § 1; 2016, ch. 677, § 1; 2018, ch. 1028, §§ 1, 2; 2019, ch. 391, §§ 1, 2. Compiler's Notes. Acts 2008, ch. 795, § 1 provided that the general assembly recognizes that cardiac incidents can happen to any person at any age, often without warning. Survivability of cardiac incidents is largely dependent upon the victim receiving care in a timely and proficient manner. One of the largest centers of people in a community on a daily basis is the public school. It is fitting that the general assembly encourage local educational agencies to provide automated external defibrillators in schools to provide additional safeguards against loss of life from sudden cardiac incidents. Acts 2008, ch. 795, § 3 provided that the act, which authorizes placement of automated external defibrillator (AED) devices in schools, shall not compel any LEA to purchase, use, or permit the use of any AED device. LEAs shall fund AED devices and the maintenance of the devices, if purchased, from existing local resources or may accept non-governmental funds for those purposes. No funding received by the LEA from the state shall be allocated or expended for the purchase or maintenance of AEDs. Acts 2010, ch. 819, § 1 provided that the act shall be known and may be cited as the “Tanner Lee Jameson Act.”