BILL ANALYSIS

 

 

                                                                                                                                               H.B. 92

                                                                                                                                          By: Branch

                                                                                                                                      Public Health

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

A defibrillator is an electronic device that administers an electric shock of preset voltage to the heart through the chest wall in an attempt to restore a normal rhythm of the heart during ventricular fibrillation.  In 2004, The United States Food and Drug Administration (FDA) first approved a certain type of AED for over-the-counter sale without a doctor's prescription. House Bill 92 is designed to promote access of automated external defibrillators for Texas residents. House Bill 92 will exempt the requirement of a doctor's prescription for any AED that has been approved by the FDA for over-the-counter sale.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Any person or entity that acquires an automated external defibrillator (AED) must currently have a doctor's order. This bill would exempt the requirement of a doctor's prescription for any AED that has been approved by the FDA for over-the-counter sale.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.