SRC-JBJ H.B. 580 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 580
By: Janek (Nelson)
Health Services
5/13/1999
Engrossed


DIGEST 

Currently, more than 1,000 people die every day from cardiac arrests. H.B.
580 would establish training and maintenance procedures for persons who
acquire and use automated external defibrillators (AEDs) in places other
than a hospital or a medical setting.  In addition, this bill would limit
the liability of a person who is trained to use AEDs, provided that the
person is acting in good faith. 

PURPOSE

As proposed, H.B. 580 amends regulations regarding automated external
defibrillator devices. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Health in
SECTION 1 (Section 779.002(b), Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 9B, Health and Safety Code, by adding Chapter 779,
as follows: 

CHAPTER 779.  AUTOMATED EXTERNAL DEFIBRILLATORS

 Sec. 779.001.  DEFINITION.  Defines "automated external defibrillator."

Sec. 779.002.  TRAINING.  Sets forth usage requirements for a person or
entity that acquires an automated external defibrillator.  Requires the
Texas Department of Health (TDH) to adopt rules establishing the minimum
requirements for training.  Sets forth guidelines that the rules must
incorporate regarding the training. 

Sec. 779.003.  MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires
the owners of a defibrillator to maintain and test the device according to
certain guidelines. 

Sec. 779.004.  USING AN AUTOMATED EXTERNAL DEFIBRILLATOR.  Requires a
person who employs the defibrillator in an emergency to notify the
appropriate emergency medical services provider. 

Sec. 779.005.  NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER.
Requires a person who acquires a defibrillator to notify certain providers
of the purchase and location of the device. 
  
Sec. 779.006.  LIABILITY EXEMPTION.  Makes certain individuals not liable
for civil damages in the use of a defibrillator, including the doctor that
prescribes the defibrillator, a person who trains someone in the use of the
defibrillator, and a person who acquires the device and meets certain
requirements, unless the person negligently fails to comply with the
requirement. 

Sec. 779.007.  POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS.  Sets forth
guidelines with which a person who possesses or acquires a defibrillator
must comply. 

Sec. 779.008.  HOSPITAL EXEMPTION.  Provides that this chapter does not
apply to certain  hospitals. 

SECTION 2.  Amends Section 74.001(a), Civil Practice and Remedies Code, to
make a person or entity who uses in good faith an automated external
defibrillator exempt from civil damages for using the device outside of a
hospital and during an emergency, unless the act is wilfully or wantonly
negligent. 

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.Emergency clause.