HBA-DMD H.B. 580 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 580 By: Janek Public Health 3/11/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, more than 1,000 people die every day from cardiac arrests. H.B. 580 establishes training and maintenance procedures for persons who acquire and use automated external defibrillators (AEDs) in places other than a hospital or a medical setting. This bill also limits the liability of a person who is trained to use AEDs provided that the person is acting in good faith. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Section 779.002, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle B, Title 9, Health and Safety Code, by adding Chapter 779, as follows: CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS Sec. 779.001. DEFINITION. Defines "automated external defibrillator" (AED). Sec. 779.002. TRAINING. Requires a person who acquires an AED to ensure that each user of the AED receives training, that is to be given or approved by the American Heart Association or other nationally recognized association, in cardiopulmonary resuscitation and the use of the defibrillator. Requires a person who acquires an AED to ensure that a licensed physician is involved in the training program to assure compliance with the requirements in this chapter. Requires the Texas Department of Health to adopt rules establishing the minimum requirements for the training. Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who owns or leases a defibrillator to maintain and test the AED in accordance with the manufacturer's guidelines. Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who uses an AED when providing emergency care to a person in a cardiac arrest to contact the local emergency medical services provider (provider) to notify the provider of the use of an AED. Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER. Requires a person, when acquiring a defibrillator, to notify the provider of the existence, location, and type of AED that the person has acquired. Sec. 779.006. LIABILITY EXEMPTION. Establishes that the prescribing physician who authorizes the acquisition of an AED, a person who provides training in the use of a AED, and the person responsible for the AED are not liable for civil damages for an act that was performed, unless the act is wilfully or wantonly negligent. SECTION 2. Amends Section 74.001(a), Civil Practice and Remedies Code, to include the use of an AED when a person administers emergency care at the scene of an emergency as an action for which that person is not liable in civil damages 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. EXPLANATION OF AMENDMENTS Amendment #1 Sec. 779.002. TRAINING. Includes a specific reference to the American Red Cross among the organizations offering or approving the training required by this section. Amendment #2 Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS. Requires each person who acquires an AED, other than a licensed practitioner, to ensure that: (1) the AED has been delivered to that person by a licensed practitioner in the course of his professional practice or upon a prescription or other order lawfully issued in the course of his professional practice; or (2) the person is required, if the AED is acquired for the purpose of sale or lease, to be in conformance with the applicable requirements found in Section 483.041 (Possession of Dangerous Drug), Health and Safety Code. Amendment #3 Sec. 779.008. HOSPITAL EXEMPTION. Prohibits this chapter from applying to hospitals licensed under Chapter 241 (Hospitals), Health and Safety Code. Amendment #4 Sec. 779.002. TRAINING. (a) Requires a person or entity that, rather than a person who, acquires an AED to ensure that each user of the AED receives training, that is to be given or approved by the Texas Department of Health (department), rather than the American Heart Association or other nationally recognized association, in cardiopulmonary resuscitation and the use of the defibrillator. Requires a person or entity that acquires an AED to ensure that a licensed physician is involved in the training program to assure compliance with the requirements in this chapter. (b) Requires the department, when adopting rules under this section, to consider the guidelines for automated external defibrillator (AED) training approved by the American Heart Association, the American Red Cross, or another nationally recognized association. Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person or entity that owns or leases a defibrillator to maintain and test the AED in accordance with the manufacturer's guidelines. Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER. Requires a person or entity, when acquiring a defibrillator, to notify the provider of the existence, location, and type of AED that the person or entity has acquired. Sec. 779.006. LIABILITY EXEMPTION. Establishes that the prescribing physician who authorizes the acquisition of an AED, a person or entity that provides training in the use of a AED, and the person or entity responsible for the AED are not liable for civil damages for an act that was performed, unless the act is wilfully or wantonly negligent. SECTION 2. Amends Section 74.001(a), Civil Practice and Remedies Code, to include the use of an AED when a person or entity administers emergency care at the scene of an emergency as an action for which a person or entity is not liable in civil damages unless the act is wilfully or wantonly negligent. SECTION 3.Prospective clause. Amendment #5 Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who uses an AED when providing emergency care to a person in a cardiac arrest to promptly notify, rather than contact, the local emergency medical services provider (provider). Deletes requirement to notify the provider of the use of an AED. Sec. 779.006. LIABILITY EXEMPTION. Establishes that the prescribing physician who authorizes the acquisition of an AED in accordance with this chapter, a person who provides approved training in the use of a AED in accordance with this chapter, and the person who acquires the AED and meets the requirements of this chapter are not liable for civil damages for such prescription, training or acquisition, rather than for an act performed, unless the conduct, rather than act, is wilfully or wantonly negligent.