Senate Bill 25-191 Preamended

A Bill for an Act

• Page 1, Line 101Concerning cardiac emergency preparedness, and, in

• Page 1, Line 102connection therewith, removing certain requirements

• Page 1, Line 103related to written plans for automated external

• Page 1, Line 104defibrillator use and imposing certain requirements

• Page 1, Line 105related to automated external defibrillator

• Page 1, Line 106maintenance and placement in schools.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law requires a person or entity that acquires an automated external defibrillator (AED) to develop written plans for the placement, use, and maintenance of the AED (written plans). The bill eliminates the requirements that the written plans:

• Identify personnel authorized to use the AED; and
• Are reviewed and approved by a licensed physician.

The bill imposes requirements for cardiac emergency preparedness for public and nonpublic high school athletics. Beginning on or before the start of the 2026-27 school year, a school district, charter school, board of cooperative services, approved facility school, or Indian tribe (local education provider) shall require each public high school that it operates (public high school) to acquire an AED. The governing authority of a nonpublic high school shall require the nonpublic high school to acquire an AED.

Beginning on or before the start of the 2026-27 school year, the bill requires a public or nonpublic high school to place an AED at each venue that it owns or operates where athletic practices or events take place or in an unlocked location that is accessible during school-sponsored athletic practices or events in which the public or nonpublic high school is participating (accessible location). Beginning on or before the start of the 2027-28 school year, the bill requires AED placement at each venue where the public or nonpublic high school's athletic practices or events take place or in an accessible location.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 13-21-108.1, amend

• Page 2, Line 3(2), (3)(a)(IV), and (4)(b) introductory portion; and repeal (4)(b)(I) as follows:

• Page 2, Line 413-21-108.1.  Persons rendering emergency assistance through

• Page 2, Line 5the use of automated external defibrillators - limited immunity -

• Page 2, Line 6definition. (2)  As used in this section, unless the context otherwise requires,

• Page 2, Line 7(a)   "AED" or "defibrillator" means an automated external defibrillator that:

• Page 2, Line 8(I) (a)  Has received approval of its premarket notification filed

• Page 2, Line 9pursuant to 21 U.S.C. sec. 360 (k) from the federal food and drug

• Page 2, Line 10administration;

• Page 3, Line 1(II)  (b)  Is capable of recognizing the presence or absence of

• Page 3, Line 2ventricular fibrillation or rapid ventricular tachycardia, and is capable of

• Page 3, Line 3determining, without intervention by an operator, whether defibrillation should be performed; and

• Page 3, Line 4(III)  (c)  Upon determining that defibrillation should be performed,

• Page 3, Line 5automatically charges and requests delivery of an electrical impulse to an individual's heart.

• Page 3, Line 6(b)  "Licensed physician" means a physician licensed to practice medicine in this state.

• Page 3, Line 7(3) (a)  In order to ensure public health and safety, a person or entity who acquires an AED shall ensure that:

• Page 3, Line 8(IV)  Written plans are in place concerning the placement of

• Page 3, Line 9AEDs, training of personnel, pre-planned coordination with the

• Page 3, Line 10emergency medical services system, medical oversight, AED

• Page 3, Line 11maintenance, identification of personnel authorized to use AEDs, and

• Page 3, Line 12reporting of AED utilization; which written plans have been reviewed and approved by a licensed physician; and

• Page 3, Line 13(4) (b)  The limited immunity provided in paragraph (a) of this subsection (4) subsection (4)(a) of this section extends to:

• Page 3, Line 14(I)  The licensed physician who reviewed and approved the written

• Page 3, Line 15plans described in subparagraph (IV) of paragraph (a) of subsection (3) of this section;

• Page 3, Line 16SECTION 2.  In Colorado Revised Statutes, add 22-1-129.7 as follows:

• Page 3, Line 1722-1-129.7.  Placement and maintenance of automated external

• Page 3, Line 18defibrillator - definitions. (1)  As used in this section, unless the

• Page 3, Line 19context otherwise requires:

• Page 4, Line 1(a)  "Automated external defibrillator" or "AED" means

• Page 4, Line 2an automated external defibrillator approved for sale by the federal food and drug administration.

• Page 4, Line 3(b)  "Local education provider" means a school district, a

• Page 4, Line 4charter school authorized by a school district pursuant to part

• Page 4, Line 51 of article 30.5 of this title 22, a charter school authorized by

• Page 4, Line 6the state charter school institute pursuant to part 5 of article

• Page 4, Line 730.5 of this title 22, a board of cooperative services created and

• Page 4, Line 8operating pursuant to article 5 of this title 22 that operates one

• Page 4, Line 9or more public high schools, a facility school approved pursuant to section 22-2-407, or an Indian tribe or tribal organization.

• Page 4, Line 11(2) (a)  On or before January 1, 2026, if a public school

• Page 4, Line 12acquires or has acquired an AED, the local education provider

• Page 4, Line 13that operates the public school shall require the public school

• Page 4, Line 14to place and maintain the AED in accordance with nationally

• Page 4, Line 15recognized, evidence-based standards for emergency cardiovascular care.

• Page 4, Line 16(b)  On or before January 1, 2026, if a nonpublic school

• Page 4, Line 17acquires or has acquired an AED, the governing authority of

• Page 4, Line 18the nonpublic school shall require the nonpublic school to

• Page 4, Line 19place and maintain the AED in accordance with nationally

• Page 4, Line 20recognized, evidence-based standards for emergency cardiovascular care.

• Page 4, Line 21SECTION 3.  Safety clause. The general assembly finds,

• Page 4, Line 22determines, and declares that this act is necessary for the immediate

• Page 4, Line 23preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 1the support and maintenance of the departments of the state and state institutions.