By: Nelson S.B. No. 122
A BILL TO BE ENTITLED
AN ACT
1-1 relating to automated external defibrillator devices.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
1-4 amended by adding Chapter 779 to read as follows:
1-5 CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS
1-6 Sec. 779.001. DEFINITION. In this chapter, "automated
1-7 external defibrillator" means a heart monitor and defibrillator
1-8 that:
1-9 (1) has received approval from the United States Food
1-10 and Drug Administration of its premarket notification filed under
1-11 21 U.S.C. Section 360(k), as amended;
1-12 (2) is capable of recognizing the presence or absence
1-13 of ventricular fibrillation or rapid ventricular tachycardia and is
1-14 capable of determining, without interpretation of cardiac rhythm by
1-15 an operator, whether defibrillation should be performed; and
1-16 (3) on determining that defibrillation should be
1-17 performed, automatically charges and requests delivery of an
1-18 electrical impulse to an individual's heart.
1-19 Sec. 779.002. TRAINING. (a) A person who acquires an
1-20 automated external defibrillator shall ensure that:
1-21 (1) each user of the automated external defibrillator
1-22 receives training given or approved by the American Heart
1-23 Association, the American Red Cross, or other nationally recognized
1-24 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
3-1 the automated external defibrillator are not liable for civil
3-2 damages for an act performed unless the act is wilfully or wantonly
3-3 negligent.
3-4 Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL
3-5 DEFIBRILLATORS. Each person, other than a licensed practitioner,
3-6 who acquires an automated external defibrillator shall ensure that:
3-7 (1) the defibrillator has been delivered to that
3-8 person by a licensed practitioner in the course of the
3-9 practitioner's professional practice or upon a prescription or
3-10 other order lawfully issued in the course of the practitioner's
3-11 professional practice; or
3-12 (2) if the defibrillator is acquired for the purpose
3-13 of sale or lease, the person shall be in conformance with the
3-14 applicable requirements found in Section 483.041.
3-15 Sec. 779.008. HOSPITAL EXEMPTION. This chapter shall not
3-16 apply to hospitals licensed under Chapter 241.
3-17 SECTION 2. Subsection (a), Section 74.001, Civil Practice
3-18 and Remedies Code, is amended to read as follows:
3-19 (a) A person who in good faith administers emergency care,
3-20 including using an automated external defibrillator, at the scene
3-21 of an emergency but not in a hospital or other health care facility
3-22 or means of medical transport is not liable in civil damages for an
3-23 act performed during the emergency unless the act is wilfully or
3-24 wantonly negligent.
3-25 SECTION 3. This Act takes effect September 1, 1999, and
3-26 applies to a person who possesses an automated external
4-1 defibrillator on the effective date of this Act or acquires an
4-2 automated external defibrillator on or after that date.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.