By Nelson                                              S.B. No. 122
         76R2888 MCK-D                           
                                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 who acquires an
1-21     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 American Heart
1-24     Association or other nationally recognized 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
2-27     the automated external defibrillator are not liable for civil
 3-1     damages for an act performed unless the act is wilfully or wantonly
 3-2     negligent.
 3-3           SECTION 2.  Section 74.001(a), Civil Practice and Remedies
 3-4     Code, is amended to read as follows:
 3-5           (a)  A person who in good faith administers emergency care,
 3-6     including using an automated external defibrillator, at the scene
 3-7     of an emergency but not in a hospital or other health care facility
 3-8     or means of medical transport is not liable in civil damages for an
 3-9     act performed during the emergency unless the act is wilfully or
3-10     wantonly negligent.
3-11           SECTION 3.  This Act takes effect September 1, 1999, and
3-12     applies to a person who possesses an automated external
3-13     defibrillator on the effective date of this Act or acquires an
3-14     automated external defibrillator on or after that date.
3-15           SECTION 4.  The importance of this legislation and the
3-16     crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended.