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