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.
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