Compliance Made Easy: Breaking Down Kentucky’s House Bill 331 for Districts

Kentucky House Bill 331 and KRS 158.162 have significant implications for districts in Kentucky. It is crucial for district administrators and education stakeholders to understand the key provisions of these legislative measures and their impact on schools.

With the passing of House Bill 331, new AED laws will go into effect June 28, 2023. However, districts have until the start of the 2025-2026 school year to meet all new requirements.

What are the key requirements of House Bill 331 and KRS 158.162?

Under HB 331 each board of education is required to ensure that their schools do the following:

KRS 158.162 (3)(e)

1. Adopt procedures for the use of the AED in emergencies.
2. Adopt policies on AED training, maintenance, notification, and communication with local EMS.
3. Ensure that at least three employees and all interscholastic coaches are trained in AED use.
4. Ensure all coaches maintain a CPR certification from a national accredited body.

What are the new AED requirements of House Bill 331 and KRS 158.162?

Kentucky districts are now required to have portable AED machines in all middle and high schools. This distinction means that the AED can be moved to wherever the emergency is, as opposed to having to move the person in crisis to an AED that is stationary, in a specific spot. The AED must be in a public, readily accessible, well-marked location in all schools.

Also, every middle and high school sanctioned event, practice or athletic contest should (as funds allow) always have a portable AED available, regardless of location on or off school property. Each district will need to report how many AEDs are at each school within the district to the Kentucky Department of Education annually, by August 1.

What are the training requirements of House Bill 331 and KRS 158.162?

At a minimum three staff members and all athletic coaches must be trained in the use of the AED, but PublicSchoolWORKS suggests that all staff can benefit from basic AED use training. We offer courses on brand-specific AEDs as well as general knowledge courses.

Coaches also must maintain CPR certification through “a national accrediting body on heart health;” PublicSchoolWORKS can assign our course “M-684 Cardiopulmonary Resuscitation (CPR) — Training Confirmation” to ensure that districts records stay current and up to date on instructor-led trainings.

What are the emergency response plan requirements of House Bill 331 and KRS.162?

To be compliant with the laws updated by HB 331, districts will need to update their emergency plans to include medical emergencies and a written cardiac emergency response plan that identifies the location of each AED.

The new cardiac emergency response plan will need to be “rehearsed by simulation” before each athletic season by all coaches (staff and volunteer), athletic directors, trainers, and school nurses. This means that the drills must have humans acting out the emergency and the response. The American Heart Association has some excellent resources for creating Cardiac Emergency Response Plans, including practice drills.

What are the emergency action plan requirements of House Bill 331 and KRS.162?

Another new component required by HB 331 is the development of an event-specific emergency action plan and a venue-specific emergency action plan for each school-sanctioned, off- or on-campus event in case of emergency. These action plans do not require that an AED is included as a provision, but it’s recommended.

Like the cardiac emergency response plan, these plans must be “rehearsed by simulation” before each athletic season. Districts will need to submit a certification to the Kentucky Department of Education ensuring the existence of their venue-specific emergency plan and confirming that they reviewed and rehearsed the plan.

Kentucky House Bill 331 and KRS 158.162 represent significant milestones in shaping school safety in Kentucky. Governor Beshear shares with The Commonwealth of Kentucky,

“I am proud to support this bill which ensures that Kentucky public schools have a lifesaving device nearby in case of a heart-related medical emergency, especially during athletic events. In the event of an emergency, we want to make sure our schools have the training and tools they need to possibly save a life.”

As district leaders, we know it can feel nearly impossible to stay on top of changing legislation, which is why our in-house research and development team stays on top of requirements and legislative changes so you don’t have to! Reach out today to learn how we can help keep your district safe and compliant.