Note: This version of section amended by P.L.187-2023, SEC.2. See also following version of this section amended by P.L.250-2023, SEC.39.

     Sec. 9. (a) This section applies to:

Terms Used In Indiana Code 20-34-8-9

  • applicable student: means a student who competes in an athletic activity. See Indiana Code 20-34-8-0.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • athletic activity: includes the following:

    Indiana Code 20-34-8-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • school: refers to a public school and a state accredited nonpublic school. See Indiana Code 20-34-8-3
  • Venue: The geographical location in which a case is tried.
  • venue specific emergency action plan for sudden cardiac arrest: means a plan developed by a school corporation, charter school, or state accredited nonpublic school that:

    Indiana Code 20-34-8-3.5

(1) a head coach or assistant coach who coaches an athletic activity;

(2) a marching band leader;

(3) a drama or musical leader; or

(4) a leader of an extracurricular activity in which students have an increased risk of sudden cardiac arrest activity as determined by the department in consultation with an organization that specializes in the prevention of sudden cardiac arrest.

     (b) An individual described in subsection (a) shall complete the sudden cardiac arrest training course offered by a provider approved by the department in a manner specified by the state board under IC 20-28-5.5-1. The sudden cardiac arrest training course described in this subsection must include training in the use of an automated external defibrillator (AED). An individual described in subsection (a) may not coach or lead the event in which students have an increased risk of sudden cardiac arrest until the individual completes the training course required under this subsection. The provider shall provide the school with a certificate of completion to the school corporation, charter school, or state accredited nonpublic school for each individual who completes a course under this subsection.

     (c) Each school corporation, charter school, or state accredited nonpublic school shall maintain all certificates of completion awarded under subsection (b) for each individual described in subsection (a).

     (d) An individual described in subsection (a) who complies with this section and provides coaching or leadership services in good faith is not personally liable for damages in a civil action as a result of a sudden cardiac arrest incurred by an applicable student participating in an event in which students have an increased risk of sudden cardiac arrest for which the head coach, assistant coach, marching band leader, drama or musical leader, or other applicable leader provided coaching or leadership services, except for an act or omission by the individual described in subsection (a) that constitutes gross negligence or willful or wanton misconduct.

     (e) An individual described in subsection (a) may ensure that an operational automated external defibrillator (AED) is present at each event in which students have an increased risk of sudden cardiac arrest for which the individual described in subsection (a) is providing coaching or leadership.

     (f) An automated external defibrillator (AED) described in subsection (e) may be:

(1) deployed in accordance with the venue specific emergency action plan for sudden cardiac arrest developed under subsection (i);

(2) except as provided in subsection (g), located on the premises where the event in which students have an increased risk of sudden cardiac arrest occurs; and

(3) present for the duration of the event in which students have an increased risk of sudden cardiac arrest.

     (g) One (1) automated external defibrillator (AED) may be shared by two (2) or more events in which students have an increased risk of sudden cardiac arrest if the following conditions are met:

(1) The events in which students have an increased risk of sudden cardiac arrest occur at the same time.

(2) The events in which students have an increased risk of sudden cardiac arrest occur in locations that are in close proximity to each other, as determined by the department.

(3) The automated external defibrillator (AED) is placed in a designated location that is between the events in which students have an increased risk of sudden cardiac arrest and meets the requirement of subsection (f)(3).

(4) Each individual described in subsection (a) who conducts an event in which students have an increased risk of sudden cardiac arrest described in this subsection is aware of the designated location of the automated external defibrillator (AED).

     (h) At each event in which students have an increased risk of sudden cardiac arrest, an individual described in subsection (a) may inform all individuals who are coaching or providing leadership at the event in which students have an increased risk of sudden cardiac arrest of the location of the automated external defibrillator (AED).

     (i) A school corporation, charter school, and state accredited nonpublic school may do the following:

(1) Ensure that an automated external defibrillator (AED) described in subsection (e) is properly maintained.

(2) Develop a venue specific emergency action plan for sudden cardiac arrest that:

(A) establishes a goal of responding within three (3) minutes to a sudden cardiac arrest occurring within the venue; and

(B) requires the performance of periodic drills at times and locations determined by the governing body.

(3) Distribute the plan described in subdivision (2) to the school board.

(4) Share the plan described in subdivision (2) with each individual described in subsection (a).

(5) Post the plan described in subdivision (2) in a conspicuous place so that it is visible by any participants of an activity at the venue.

(6) Before the beginning of the season of each event in which students have an increased risk of sudden cardiac arrest, share the plan described in subdivision (2) with all applicable students.

     (j) A school corporation, a charter school, a state accredited nonpublic school (as defined in IC 20-18-2-18.7), or an accredited nonpublic school (as defined in IC 10-21-1-1) may apply for a grant under IC 10-21-1-2(a)(1)(C)(viii) to purchase an automated external defibrillator (AED) if the school corporation, charter school, state accredited nonpublic school or accredited nonpublic school develops a venue specific emergency action plan for sudden cardiac arrest.

As added by P.L.56-2021, SEC.9. Amended by P.L.187-2023, SEC.2.