New Amendment to AED Law Regarding Third Party Use of School Facilities
January 26, 2010
By Dawn Spivey Moritz
Effective immediately, P.A. 96-0873 eases AED obligations
during certain community use of school facilities. Under the amendments, the AED
requirements of the Physical Fitness Facility Medical Emergency Preparedness Act
will not apply during any activity or program conducted on school grounds or in
school facilities by a private or not-for-profit organization and supervised by
persons other than school employees. In other words, schools must have an AED on
site and a trained AED user available only during activities or events sponsored
and conducted or supervised by school employees. Thus, schools do not need to
require private or not-for-profit organizations to bring a trained AED user for
community use of facilities, nor do schools need to ensure that an AED is
available for that third-party activity. While the amendments are explicit as to
outdoor facilities, we believe this interpretation applies to indoor school
facilities as well.
The amended law helps to clarify prior confusion, as
described in our previous eBulletin alerts, as it relates to
community use of school facilities. Schools must continue to comply with all
requirements of the Act when the physical fitness activities are supervised by
school employees, other than maintenance or security personnel.
More Information
- J. Todd Faulkner
jtf@franczek.com
312.786.6123 - Dawn Spivey Moritz
dsm@franczek.com
312.786.6582