1-1 By: Nelson S.B. No. 122 1-2 (In the Senate - Filed January 5, 1999; January 28, 1999, 1-3 read first time and referred to Committee on Health Services; 1-4 February 22, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; 1-6 February 22, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 122 By: Nelson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to automated external defibrillator devices. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is 1-13 amended by adding Chapter 779 to read as follows: 1-14 CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS 1-15 Sec. 779.001. DEFINITION. In this chapter, "automated 1-16 external defibrillator" means a heart monitor and defibrillator 1-17 that: 1-18 (1) has received approval from the United States Food 1-19 and Drug Administration of its premarket notification filed under 1-20 21 U.S.C. Section 360(k), as amended; 1-21 (2) is capable of recognizing the presence or absence 1-22 of ventricular fibrillation or rapid ventricular tachycardia and is 1-23 capable of determining, without interpretation of cardiac rhythm by 1-24 an operator, whether defibrillation should be performed; and 1-25 (3) on determining that defibrillation should be 1-26 performed, automatically charges and requests delivery of an 1-27 electrical impulse to an individual's heart. 1-28 Sec. 779.002. TRAINING. (a) A person who acquires an 1-29 automated external defibrillator shall ensure that: 1-30 (1) each user of the automated external defibrillator 1-31 receives training given or approved by the American Heart 1-32 Association, the American Red Cross, or other nationally recognized 1-33 association in: 1-34 (A) cardiopulmonary resuscitation; and 1-35 (B) use of the automated external defibrillator; 1-36 and 1-37 (2) a licensed physician is involved in the training 1-38 program to ensure compliance with the requirements of this chapter. 1-39 (b) The Texas Department of Health shall adopt rules 1-40 establishing the minimum requirements for the training required by 1-41 this section. 1-42 Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL 1-43 DEFIBRILLATOR. A person who owns or leases an automated external 1-44 defibrillator shall maintain and test the automated external 1-45 defibrillator according to the manufacturer's guidelines. 1-46 Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. A 1-47 person who provides emergency care to a person in cardiac arrest by 1-48 using an automated external defibrillator shall contact the local 1-49 emergency medical services provider and notify the provider of the 1-50 use of an automated external defibrillator. 1-51 Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES 1-52 PROVIDER. When a person acquires an automated external 1-53 defibrillator, the person shall notify the local emergency medical 1-54 services provider of the existence, location, and type of automated 1-55 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, a person who provides training in the use of an 1-59 automated external defibrillator, and the person responsible for 1-60 the automated external defibrillator are not liable for civil 1-61 damages for an act performed unless the act is wilfully or wantonly 1-62 negligent. 1-63 Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL 1-64 DEFIBRILLATORS. Each person, other than a licensed practitioner, 2-1 who acquires an automated external defibrillator shall ensure that: 2-2 (1) the defibrillator has been delivered to that 2-3 person by a licensed practitioner in the course of the 2-4 practitioner's professional practice or upon a prescription or 2-5 other order lawfully issued in the course of the practitioner's 2-6 professional practice; or 2-7 (2) if the defibrillator is acquired for the purpose 2-8 of sale or lease, the person shall be in conformance with the 2-9 applicable requirements found in Section 483.041. 2-10 Sec. 779.008. HOSPITAL EXEMPTION. This chapter shall not 2-11 apply to hospitals licensed under Chapter 241. 2-12 SECTION 2. Subsection (a), Section 74.001, Civil Practice 2-13 and Remedies Code, is amended to read as follows: 2-14 (a) A person who in good faith administers emergency care, 2-15 including using an automated external defibrillator, at the scene 2-16 of an emergency but not in a hospital or other health care facility 2-17 or means of medical transport is not liable in civil damages for an 2-18 act performed during the emergency unless the act is wilfully or 2-19 wantonly negligent. 2-20 SECTION 3. This Act takes effect September 1, 1999, and 2-21 applies to a person who possesses an automated external 2-22 defibrillator on the effective date of this Act or acquires an 2-23 automated external defibrillator on or after that date. 2-24 SECTION 4. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 2-28 days in each house be suspended, and this rule is hereby suspended. 2-29 * * * * *