By: Branch (Senate Sponsor - Nelson) H.B. No. 92

(In the Senate - Received from the House March 26, 2007; April 3, 2007, read first time and referred to Committee on Health and Human Services; April 19, 2007, reported favorably by the following vote: Yeas 9, Nays 0; April 19, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the acquisition of certain automated external defibrillators.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 779.007, Health and Safety Code, is amended to read as follows:

Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS. Each person or entity, other than a licensed practitioner, that acquires an automated external defibrillator that has not been approved by the United States Food and Drug Administration for over-the-counter sale shall ensure that:

(1) the automated external defibrillator has been delivered to that person or entity by a licensed practitioner in the course of his professional practice or upon a prescription or other order lawfully issued in the course of his professional practice; or

(2) if the automated external defibrillator is acquired for the purpose of sale or lease, the person or entity shall be in conformance with the applicable requirements found in Section 483.041, Health and Safety Code.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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