Bill 81 2012

An Act to raise awareness about inherited heart rhythm disorders

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  (1)  In this Act,

"board" means a district school board or school authority; ("conseil")

"child" means a person under the age of 18 years; ("enfant")

"employee" means an employee of a board who regularly works at the school, in the case of a school operated by the board. ("employé")

Expressions related to education

   (2)  Expressions in this Act related to education have the same meaning as in the Education Act, unless the context requires otherwise.

School board policies

   2.  (1)  Every board shall establish and maintain a policy concerning inherited heart rhythm disorders in accordance with this section.

Contents of policy

   (2)  The policy shall include the following:

    1.  A requirement that an employee notify a pupil's parent or guardian if the employee suspects that the pupil has fainted at school or at a school-related activity.

    2.  A requirement that an employee call 911 immediately if the employee suspects that a pupil has fainted while engaged in physical activity at school or at a school-related activity.

    3.  A communication plan for the dissemination of information on inherited heart rhythm disorders to parents, pupils and employees.

    4.  A requirement that every school principal develop an individual plan for each pupil who has an inherited heart rhythm disorder.

    5.  A requirement that every school principal ensure that, upon registration, parents, guardians and pupils shall be asked to supply information on inherited heart rhythm disorders.

    6.  A requirement that every school principal maintain a file for each pupil with an inherited heart rhythm disorder of current treatment and other information, including a copy of any prescriptions and instructions from the pupil's physician or nurse and a current emergency contact list.

Contents of individual plan

   (3)  An individual plan for a pupil with an inherited heart rhythm disorder shall be consistent with the board's policy and shall include:

    1.  Details informing employees and others who are in direct contact with the pupil on a regular basis of the disorder, monitoring strategies and appropriate treatment.

    2.  A readily accessible emergency procedure for the pupil, including emergency contact information.

Obligation to keep school informed

   (4)  It is the obligation of the pupil's parent or guardian and the pupil to ensure that the information in the pupil's file is kept up to date.

Sport organizations

   3.  (1)  This section applies to a sport organization that is a group affiliate or member association of a provincial sport organization or multi-sport organization recognized by the Ministry of Tourism, Culture and Sport under that Ministry's Sport Recognition Policy.

Duty to call 911, notify parents

   (2)  A coach, referee or other official associated with a sport organization shall immediately call 911 and notify a child's parent or guardian if the coach, referee or other official suspects that the child has fainted while playing or practising the sport.

Duty to ensure requirements are met

   (3)  Every provincial sport organization and multi-sport organization, and every member and affiliate sport organization, shall take reasonable steps to ensure that the requirements under subsection (2) are met.

Immunity

   4.  (1)  No action for damages shall be commenced against any of the following persons respecting any act or omission done or omitted by the person in good faith in the execution or intended execution of any duty under this Act or any policy under this Act:

    1.  An employee of a board.

    2.  A coach, referee or other official associated with a sport organization.

Common law preserved

   (2)  This section does not in any way interfere with the duties any person may have under common law.

Commencement

   5.  This Act comes into force 180 days after the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Inherited Heart Rhythm Disorders Awareness Act, 2012.

EXPLANATORY NOTE

The Bill enacts the Inherited Heart Rhythm Disorders Awareness Act, 2012.

The Act requires school boards to establish and maintain policies concerning inherited heart rhythm disorders.  The policies must include, among other things, a requirement that employees inform a pupil's parent or guardian if the pupil is suspected of fainting at school and a requirement that employees call 911 if a pupil is suspected of fainting while engaged in physical activity.

The Act requires coaches, referees and other officials associated with sport organizations to call 911 and inform a child's parent or guardian if the child is suspected of fainting while playing or practising the sport.  Provincial sport organizations and multi-sport organizations, and their affiliate and member sport organizations, must take reasonable steps to ensure that these requirements are met.

The Act provides that no action for damages may be commenced against a board employee or a coach, referee or other official associated with a sport organization for acts or omissions done in good faith.  However, the Act does not interfere with duties that a person may have under the common law.