South Carolina H 3576: Luke Barrett Act

Bill Text

2025-2026 Bill 3576 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3576

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"LUKE BARRETT ACT" BY ADDING SECTION 59-17-165 SO AS TO PROVIDE DEFINITIONS, TO 
PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF CARDIAC EMERGENCY RESPONSE PLANS 
IN PUBLIC SCHOOLS AND FOR SCHOOL-SPONSORED ATHLETIC PRACTICES AND EVENTS, TO 
PROVIDE REQUIREMENTS FOR THE DEVELOPMENT AND CONTENTS OF THE PLANS, TO PROVIDE 
TRAINING REQUIREMENTS RELATED TO THE PROGRAM, AND TO PROVIDE CERTAIN IMMUNITY 
FOR ACTIONS UNDERTAKEN PURSUANT TO THIS ACT, AMONG OTHER THINGS; AND BY 
AMENDING SECTION 59-17-155, RELATING TO AUTOMATED EXTERNAL DEFIBRILLATOR 
PROGRAMS IN PUBLIC HIGH SCHOOLS, SO AS TO EXPAND THE PROVISIONS TO COVER ALL 
PUBLIC SCHOOLS INCLUDING CHARTER SCHOOLS, TO PROVIDE PUBLIC SCHOOLS SHALL 
ENSURE ACCESSIBILITY TO AUTOMATIC EXTERNAL DEFIBRILLATORS AT SCHOOL AND 
OFF-SITE ATHLETIC EVENTS, TO PROVIDE TESTING AND MAINTENANCE REQUIREMENTS FOR 
THE AUTOMATIC EXTERNAL DEFIBRILLATORS, AND TO PROVIDE RELATED TRAINING 
REQUIREMENTS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Luke Barrett Act."

SECTION 2. Chapter 17, Title 59 of the S.C. Code is amended by 
adding:

 Section 
59-17-165. (A) As used in this section:

 (1) 
"Cardiac Emergency Response Plan" or "CERP" means a written document that 
establishes the specific steps to reduce death from cardiac arrest in a school, 
workplace, sports facility, or any other school setting.

 (2) 
"Automated External Defibrillator" or "AED" has the same meaning as found in 
Section 44-76-20.

 (3) 
"Sudden Cardiac Arrest" means the occurrence of when the heart malfunctions and 
stops beating unexpectedly.

 (B) 
Each public school district or charter school authorizer shall develop a 
cardiac emergency response plan that addresses the appropriate use of school 
personnel to respond to incidents involving an individual experiencing sudden 
cardiac arrest or a similar life-threatening emergency while on school grounds.

 (C) 
Each public school district or charter school authorizer with an athletic 
department or organized athletic program shall develop a cardiac emergency 
response plan that addresses the appropriate use of school personnel to respond 
to incidents involving an individual experiencing sudden cardiac arrest or a 
similar life-threatening emergency while attending or participating in a 
school-sponsored athletic practice or event.

 (D) 
District officials shall work with local emergency service providers to 
integrate the community's emergency management system (EMS) protocols in its 
CERP. Each CERP shall contain at the minimum, evidence-based standards, in 
accordance with recommendations or core elements set by the American Heart 
Association or nationally recognized recommendations or core elements, such as:

 (1) 
establishment of a school-level cardiac emergency response team;

 (2) 
activation of the team in response to a sudden cardiac arrest;

 (3) 
implementation of AED placement and routine maintenance within each school 
campus;

 (4) 
maintaining ongoing designated staff training in cardiopulmonary resuscitation 
and AED use;

 (5) 
periodic practice of CERP function which may include drills involving 
individuals identified by the school-level cardiac emergency response team;

 (6) 
integration of local medical resources into the plan; and

 (7) 
ongoing and annual review and evaluation of the plan.

 (E) 
Appropriate AED placement must comply with the CERP in accordance with 
evidence-based, emergency cardiovascular care guidelines.

 (F) 
Subject to funding by the General Assembly or South Carolina Department of 
Education, appropriate school staff must be trained in first aid, CPR, and AED. 
The training must follow evidence-based guidelines recommended by nationally 
recognized, evidence-based guidelines for such training. Designation of staff 
to be trained pursuant to this subsection must be determined by the CERP which 
may include, but may not be limited to, athletic coaches, school nurses, and 
athletic trainers.

 (G)(1) A public school, public school 
district, public school district governing authority, charter school, charter 
school authorizing authority, private school governing authority, the South 
Carolina Department of Education, and employees, volunteers, and other agents 
of all of those entities including, but not limited to a school nurse and other 
designated school personnel, who undertake an act under this section, are not 
subject to civil or criminal liability for damages caused by injuries to a 
student or another person resulting from action take pursuant to this section: