SRC-JXG S.B. 122 76(R) BILL ANALYSIS Senate Research Center S.B. 122 76R2888 MCK-DBy: Nelson Health Services 2/12/1999 As Filed DIGEST Currently, under the Good Samaritan Law, automated external defibrillators are not exempt from liability lawsuits. This bill would exempt persons administering a defibrillator in good faith from liability, which otherwise might prevent them from rendering aid. PURPOSE As proposed, S.B. 122 requires training for designated users of an automated external defibrillator and maintenance by people leasing or owning a defibrillator. 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" (defibrillator). Sec. 779.002. TRAINING. Requires a person acquiring a defibrillator to ensure that each user receives training approved by the American Heart Association and a licensed physician is involved in the training program to ensure compliance with certain requirements of this chapter. Authorizes the Texas Department of Health to adopt rules to establish the minimum requirements for the training required by this section. Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who owns or leases a defibrillator to maintain and test the defibrillator according to the manufacturer's guidelines. Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who provides emergency care using a defibrillator to a person in cardiac arrest to notify the local emergency medical services provider of the use of a defibrillator. Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER. Requires a person acquiring a defibrillator to notify the local emergency medical services provider of the existence, location, and type of defibrillator. Sec. 779.006. LIABILITY EXEMPTION. Provides that the physician, who authorizes acquisition, the person providing training, and the person responsible for the defibrillator are not liable for civil damages for an act performed unless the act is wilfully or wantonly negligent. SECTION 2. Amends Section 74.001(a), Civil Practice and Remedies Code, to provide that a person using a defibrillator to administer emergency care at the scene of an emergency is not liable for civil damages for an act performed. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.