SRC-JXG C.S.S.B. 122 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 122
By: Nelson
Health Services
2/17/1999
Committee Report (Substituted)


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, C.S.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, the American Red Cross or a licensed physician 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. 

Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS. Sets forth
requirements for each person, other than a licensed practitioner, who
acquires an  automated external defibrillator. 

Sec. 779.008. HOSPITAL EXEMPTION. Prohibits this chapter from applying to
hospitals licensed under Chapter 241. 

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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 779.002, Health and Safety Code, to require each user of the
defibrillator to receive training given or approved by the American Red
Cross. 

Adds Section 779.007, Health and Safety Code, regarding possession of
automated external defibrillators. 

 Adds Section 779.008, Health and Safety Code, regarding hospital exemption.