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.
2-37 * * * * *