By Janek, Solomons, Davis of Harris H.B. No. 580
76R2888 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to automated external defibrillator devices.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
1-5 amended by adding Chapter 779 to read as follows:
1-6 CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS
1-7 Sec. 779.001. DEFINITION. In this chapter, "automated
1-8 external defibrillator" means a heart monitor and defibrillator
1-9 that:
1-10 (1) has received approval from the United States Food
1-11 and Drug Administration of its premarket notification filed under
1-12 21 U.S.C. Section 360(k), as amended;
1-13 (2) is capable of recognizing the presence or absence
1-14 of ventricular fibrillation or rapid ventricular tachycardia and is
1-15 capable of determining, without interpretation of cardiac rhythm by
1-16 an operator, whether defibrillation should be performed; and
1-17 (3) on determining that defibrillation should be
1-18 performed, automatically charges and requests delivery of an
1-19 electrical impulse to an individual's heart.
1-20 Sec. 779.002. TRAINING. (a) A person who acquires an
1-21 automated external defibrillator shall ensure that:
1-22 (1) each user of the automated external defibrillator
1-23 receives training given or approved by the American Heart
1-24 Association or other nationally recognized association in:
2-1 (A) cardiopulmonary resuscitation; and
2-2 (B) use of the automated external defibrillator;
2-3 and
2-4 (2) a licensed physician is involved in the training
2-5 program to ensure compliance with the requirements of this chapter.
2-6 (b) The Texas Department of Health shall adopt rules
2-7 establishing the minimum requirements for the training required by
2-8 this section.
2-9 Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL
2-10 DEFIBRILLATOR. A person who owns or leases an automated external
2-11 defibrillator shall maintain and test the automated external
2-12 defibrillator according to the manufacturer's guidelines.
2-13 Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. A
2-14 person who provides emergency care to a person in cardiac arrest by
2-15 using an automated external defibrillator shall contact the local
2-16 emergency medical services provider and notify the provider of the
2-17 use of an automated external defibrillator.
2-18 Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES
2-19 PROVIDER. When a person acquires an automated external
2-20 defibrillator, the person shall notify the local emergency medical
2-21 services provider of the existence, location, and type of automated
2-22 external defibrillator.
2-23 Sec. 779.006. LIABILITY EXEMPTION. The prescribing
2-24 physician who authorizes the acquisition of an automated external
2-25 defibrillator, a person who provides training in the use of an
2-26 automated external defibrillator, and the person responsible for
2-27 the automated external defibrillator are not liable for civil
3-1 damages for an act performed unless the act is wilfully or wantonly
3-2 negligent.
3-3 SECTION 2. Section 74.001(a), Civil Practice and Remedies
3-4 Code, is amended to read as follows:
3-5 (a) A person who in good faith administers emergency care,
3-6 including using an automated external defibrillator, at the scene
3-7 of an emergency but not in a hospital or other health care facility
3-8 or means of medical transport is not liable in civil damages for an
3-9 act performed during the emergency unless the act is wilfully or
3-10 wantonly negligent.
3-11 SECTION 3. This Act takes effect September 1, 1999, and
3-12 applies to a person who possesses an automated external
3-13 defibrillator on the effective date of this Act or acquires an
3-14 automated external defibrillator on or after that date.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.
3-20 COMMITTEE AMENDMENT NO. 1
3-21 Amend H.B. No. 580 in Section 779.002(a)(1), Health and
3-22 Safety Code, as added by SECTION 1 of the bill, by striking
3-23 "Association" and substituting "Association, the American Red
3-24 Cross,"
3-25 Coleman
4-1 COMMITTEE AMENDMENT NO. 2
4-2 Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL
4-3 DEFIBRILLATORS. Each person, other than a licensed practitioner,
4-4 who acquires an automated external defibrillator shall ensure that:
4-5 (1) the automated external defibrillator has been
4-6 delivered to that person by a licensed practitioner in the course
4-7 of his professional practice or upon a prescription or other order
4-8 lawfully issued in the course of his professional practice; or
4-9 (2) if the automated external defibrillator is
4-10 acquired for the purpose of sale or lease, the person shall be in
4-11 conformance with the applicable requirements found in Section
4-12 483.041, Health and Safety Code.
4-13 Coleman
4-14 COMMITTEE AMENDMENT NO. 3
4-15 Amend House Bill 580 by adding a new Section as follows:
4-16 Sec. 779.008. HOSPITAL EXEMPTION. This chapter shall not
4-17 apply to hospitals licensed under Chapter 241 Health and Safety
4-18 Code.
4-19 Coleman
4-20 COMMITTEE AMENDMENT NO. 4
4-21 Amend H.B. No. 580 as follows:
4-22 (1) On page 1, line 20, strike "person who" and substitute
4-23 "person or entity that".
4-24 (2) On page 1, lines 23-24, strike "American Heart
4-25 Association or other nationally recognized association" and
4-26 substitute "Texas Department of Health".
4-27 (3) On page 2, line 8, after the period, insert "In adopting
5-1 rules under this section, the Texas Department of Health shall
5-2 consider the guidelines for automated external defibrillator
5-3 training approved by the American Heart Association, the American
5-4 Red Cross, or another nationally recognized association."
5-5 (4) On page 2, line 10, strike "person who" and substitute
5-6 "person or entity that".
5-7 (5) On page 2, line 19, between "person" and "acquires"
5-8 insert "or entity".
5-9 (6) On page 2, line 20, between "person" and "shall" insert
5-10 "or entity".
5-11 (7) On page 2, line 25, strike "person who" and substitute
5-12 "person or entity that".
5-13 (8) On page 2, line 26, between "person" and "responsible"
5-14 insert "or entity".
5-15 (9) On page 3, line 5, strike "who" and substitute "or
5-16 entity that [who]".
5-17 (10) On page 3, line 12, strike "person who" and substitute
5-18 "person or entity that".
5-19 76R8432 MCK-D Coleman
5-20 COMMITTEE AMENDMENT NO. 5
5-21 (1) Amend Sec. 779.004. USING AN AUTOMATED EXTERNAL
5-22 DEFIBRILLATOR. A person who provides emergency care to a person
5-23 in cardiac arrest by using an automated external defibrillator
5-24 shall promptly notify [contact] the local emergency medical
5-25 services provider. [and notify the provider of the use of an
5-26 automated external defibrillator]
5-27 (2) Amend Sec. 779.006 in its entirety and substitute the
6-1 following language:
6-2 Sec. 779.006. LIABILITY EXEMPTION. The prescribing
6-3 physician who authorizes the acquisition of an automated external
6-4 defibrillator in accordance with this chapter, a person who
6-5 provides approved training in the use of an automated defibrillator
6-6 in accordance with this chapter, and the person (]Lresponsible for )
6-7 who acquires the automated external defibrillator and meets the
6-8 requirements of this chapter are not liable for civil damages for
6-9 such prescription, training or acquisition (]Lan act performed )
6-10 unless the conduct (]Lact ) is willfully or wantonly negligent.
6-11 Coleman