1-1     By:  Janek, et al. (Senate Sponsor - Nelson)           H.B. No. 580
 1-2           (In the Senate - Received from the House April 14, 1999;
 1-3     April 15, 1999, read first time and referred to Committee on Health
 1-4     Services; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to automated external defibrillator devices.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is
1-11     amended by adding Chapter 779 to read as follows:
1-12               CHAPTER 779.  AUTOMATED EXTERNAL DEFIBRILLATORS
1-13           Sec. 779.001.  DEFINITION.  In this chapter, "automated
1-14     external defibrillator" means a heart monitor and defibrillator
1-15     that:
1-16                 (1)  has received approval from the United States Food
1-17     and Drug Administration of its premarket notification filed under
1-18     21 U.S.C. Section 360(k), as amended;
1-19                 (2)  is capable of recognizing the presence or absence
1-20     of ventricular fibrillation or rapid ventricular tachycardia and is
1-21     capable of determining, without interpretation of cardiac rhythm by
1-22     an operator, whether defibrillation should be performed; and
1-23                 (3)  on determining that defibrillation should be
1-24     performed, automatically charges and requests delivery of an
1-25     electrical impulse to an individual's heart.
1-26           Sec. 779.002.  TRAINING.  (a)  A person or entity that
1-27     acquires an automated external defibrillator shall ensure that:
1-28                 (1)  each user of the automated external defibrillator
1-29     receives training given or approved by the Texas Department of
1-30     Health in:
1-31                       (A)  cardiopulmonary resuscitation; and
1-32                       (B)  use of the automated external defibrillator;
1-33     and
1-34                 (2)  a licensed physician is involved in the training
1-35     program to ensure compliance with the requirements of this chapter.
1-36           (b)  The Texas Department of Health shall adopt rules
1-37     establishing the minimum requirements for the training required by
1-38     this section.  In adopting rules under this section, the Texas
1-39     Department of Health shall consider the guidelines for automated
1-40     external defibrillator training approved by the American Heart
1-41     Association, the American Red Cross, or another nationally
1-42     recognized association.
1-43           Sec. 779.003.  MAINTENANCE OF AUTOMATED EXTERNAL
1-44     DEFIBRILLATOR.  A person or entity that owns or leases an automated
1-45     external defibrillator shall maintain and test the automated
1-46     external defibrillator according to the manufacturer's guidelines.
1-47           Sec. 779.004.  USING AN AUTOMATED EXTERNAL DEFIBRILLATOR.  A
1-48     person or entity that provides emergency care to a person in
1-49     cardiac arrest by using an automated external defibrillator shall
1-50     promptly notify the local emergency medical services provider.
1-51           Sec. 779.005.  NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES
1-52     PROVIDER.  When a person or entity acquires an automated external
1-53     defibrillator, the person or entity shall notify the local
1-54     emergency medical services provider of the existence, location, and
1-55     type of automated external defibrillator.
1-56           Sec. 779.006.  LIABILITY EXEMPTION.  The prescribing
1-57     physician who authorizes the acquisition of an automated external
1-58     defibrillator in accordance with this chapter, a person or entity
1-59     that provides approved training in the use of an automated
1-60     external defibrillator in accordance with this chapter, and the
1-61     person or entity that acquires the automated external defibrillator
1-62     and meets the requirements of this chapter are not liable for civil
1-63     damages for such prescription, training, or acquisition unless the
1-64     conduct is wilfully or wantonly negligent.  Any person or entity
 2-1     that acquires an automated external defibrillator and negligently
 2-2     fails to comply with the requirements of this chapter is liable for
 2-3     civil damages caused by such negligence.
 2-4           Sec. 779.007.  POSSESSION OF AUTOMATED EXTERNAL
 2-5     DEFIBRILLATORS.  Each person or entity, other than a licensed
 2-6     practitioner, that acquires an automated external defibrillator
 2-7     shall ensure that:
 2-8                 (1)  the automated external defibrillator has been
 2-9     delivered to that person or entity by a licensed practitioner in
2-10     the course of his professional practice or upon a prescription or
2-11     other order lawfully issued in the course of his professional
2-12     practice; or
2-13                 (2)  if the automated external defibrillator is
2-14     acquired for the purpose of sale or lease, the person or entity
2-15     shall be in conformance with the applicable requirements found in
2-16     Section 483.041, Health and Safety Code.
2-17           Sec. 779.008.  HOSPITAL EXEMPTION.  This chapter shall not
2-18     apply to hospitals licensed under Chapter 241, Health and Safety
2-19     Code.
2-20           SECTION 2.  Section 74.001(a), Civil Practice and Remedies
2-21     Code, is amended to read as follows:
2-22           (a)  A person  or entity that [who] in good faith administers
2-23     emergency care, including using an automated external
2-24     defibrillator, at the scene of an emergency but not in a hospital
2-25     or other health care facility or means of medical transport is not
2-26     liable in civil damages for an act performed during the emergency
2-27     unless the act is wilfully or wantonly negligent.
2-28           SECTION 3.  This Act takes effect September 1, 1999, and
2-29     applies to a person or entity that possesses an automated external
2-30     defibrillator on the effective date of this Act or acquires an
2-31     automated external defibrillator on or after that date.
2-32           SECTION 4.  The importance of this legislation and the
2-33     crowded condition of the calendars in both houses create an
2-34     emergency and an imperative public necessity that the
2-35     constitutional rule requiring bills to be read on three several
2-36     days in each house be suspended, and this rule is hereby suspended.
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