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.