76R12542 MCK-D By Nelson S.B. No. 122 Substitute the following for S.B. No. 122: By Coleman C.S.S.B. No. 122 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 or entity that 1-21 acquires an 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 Texas Department of 1-24 Health 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. In adopting rules under this section, the Texas 2-9 Department of Health shall consider the guidelines for automated 2-10 external defibrillator training approved by the American Heart 2-11 Association, the American Red Cross, or another nationally 2-12 recognized association. 2-13 Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL 2-14 DEFIBRILLATOR. A person or entity that owns or leases an automated 2-15 external defibrillator shall maintain and test the automated 2-16 external defibrillator according to the manufacturer's guidelines. 2-17 Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. A 2-18 person or entity that provides emergency care to a person in 2-19 cardiac arrest by using an automated external defibrillator shall 2-20 promptly notify the local emergency medical services provider. 2-21 Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES 2-22 PROVIDER. When a person or entity acquires an automated external 2-23 defibrillator, the person or entity shall notify the local 2-24 emergency medical services provider of the existence, location, and 2-25 type of automated external defibrillator. 2-26 Sec. 779.006. LIABILITY EXEMPTION. The prescribing 2-27 physician who authorizes the acquisition of an automated external 3-1 defibrillator in accordance with this chapter, a person or entity 3-2 that provides approved training in the use of an automated external 3-3 defibrillator in accordance with this chapter, and the person or 3-4 entity that acquires the automated external defibrillator and meets 3-5 the requirements of this chapter are not liable for civil damages 3-6 for such prescription, training, or acquisition unless the conduct 3-7 is wilfully or wantonly negligent. Any person or entity that 3-8 acquires an automated external defibrillator and negligently fails 3-9 to comply with the requirements of this chapter is liable for civil 3-10 damages caused by such negligence. 3-11 Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL 3-12 DEFIBRILLATORS. Each person or entity, other than a licensed 3-13 practitioner, that acquires an automated external defibrillator 3-14 shall ensure that: 3-15 (1) the automated external defibrillator has been 3-16 delivered to that person or entity by a licensed practitioner in 3-17 the course of his professional practice or upon a prescription or 3-18 other order lawfully issued in the course of his professional 3-19 practice; or 3-20 (2) if the automated external defibrillator is 3-21 acquired for the purpose of sale or lease, the person or entity 3-22 shall be in conformance with the applicable requirements found in 3-23 Section 483.041, Health and Safety Code. 3-24 Sec. 779.008. HOSPITAL EXEMPTION. This chapter shall not 3-25 apply to hospitals licensed under Chapter 241. 3-26 SECTION 2. Section 74.001(a), Civil Practice and Remedies 3-27 Code, is amended to read as follows: 4-1 (a) A person who in good faith administers emergency care, 4-2 including using an automated external defibrillator, at the scene 4-3 of an emergency but not in a hospital or other health care facility 4-4 or means of medical transport is not liable in civil damages for an 4-5 act performed during the emergency unless the act is wilfully or 4-6 wantonly negligent. 4-7 SECTION 3. This Act takes effect September 1, 1999, and 4-8 applies to a person or entity that possesses an automated external 4-9 defibrillator on the effective date of this Act or acquires an 4-10 automated external defibrillator on or after that date. 4-11 SECTION 4. The importance of this legislation and the 4-12 crowded condition of the calendars in both houses create an 4-13 emergency and an imperative public necessity that the 4-14 constitutional rule requiring bills to be read on three several 4-15 days in each house be suspended, and this rule is hereby suspended.