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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic external defibrillators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 779.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 779.005. NOTIFYING 9-1-1 SERVICE ANSWERING POINT |
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[LOCAL EMERGENCY MEDICAL SERVICES PROVIDER]. (a) When a person or |
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entity acquires an automated external defibrillator, the person or |
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entity shall notify the public safety answering point that answers |
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9-1-1 emergency calls for the area in which the defibrillator is |
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located [local emergency medical services provider] of the |
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existence and precise[,] location[, and type] of the automated |
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external defibrillator. |
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(b) A person or entity shall notify the public safety |
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answering point if the person or entity changes the location of or |
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removes any automated external defibrillator. |
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(c) A person or entity shall provide the notification under |
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Subsection (a) or (b) not later than the 30th day after the date the |
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person or entity acquires, changes the location of, or removes an |
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automated external defibrillator. |
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(d) A public safety answering point shall develop and |
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implement a system to receive, record, and update the information |
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in Subsections (a) and (b). |
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(e) If a person calls a public safety answering point to |
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report a potential cardiac arrest emergency, the answering point |
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shall tell the caller the location nearest to the caller of an |
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automated external defibrillator. |
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SECTION 2. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.088 to read as follows: |
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Sec. 33.088. AVAILABILITY OF AUTOMATED EXTERNAL |
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DEFIBRILLATOR. (a) Each school district shall make available a |
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sufficient number of automated external defibrillators, as defined |
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by Section 779.001, Health and Safety Code, to reasonably cover |
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each area of the campus of each school in the district. |
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(b) A school district shall ensure that information |
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regarding the purpose and locations on campus of automated external |
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defibrillators is reasonably available to each employee and |
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student. |
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(c) A school district shall store an automated external |
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defibrillator in a location from which the defibrillator may be |
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quickly and easily accessed. |
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(d) A school district shall post a conspicuous sign near |
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each automated external defibrillator that indicates the presence |
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and location of the defibrillator. |
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SECTION 3. Section 779.006, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 779.006. LIMITATION ON LIABILITY [EXEMPTION]. (a) |
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The following persons [prescribing physician who authorizes the
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acquisition of an automated external defibrillator in accordance
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with this chapter, a person or entity that provides approved
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training in the use of an automated external defibrillator in
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accordance with this chapter, and the person or entity that
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acquires the automated external defibrillator and meets the
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requirements of this chapter] are not liable for civil damages |
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arising out of conduct relating to preparing for and responding to a |
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suspected sudden cardiac arrest emergency [for such prescription,
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training, or acquisition] unless the conduct is wilfully or |
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wantonly negligent: |
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(1) a person that acquires an automated external |
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defibrillator; |
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(2) a person that owns, manages, or is otherwise |
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responsible for the premises on which an automated external |
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defibrillator is located; |
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(3) a person who retrieves an automated external |
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defibrillator in response to a perceived sudden cardiac arrest |
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emergency; |
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(4) a person who uses, attempts to use, or fails to use |
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an automated external defibrillator in response to a perceived |
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sudden cardiac arrest emergency; |
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(5) a physician or other authorized person who issues |
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a prescription for the purchase of an automated external |
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defibrillator; |
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(6) a person that is involved with the design or |
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management of an automated external defibrillator program; and |
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(7) a person that provides instruction in the use of an |
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automated external defibrillator. |
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(b) The limitation on liability provided by this section is |
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not exclusive and a person may raise any other defense to liability |
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available under law. [Any person or entity that acquires an
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automated external defibrillator and negligently fails to comply
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with the requirements of this chapter is liable for civil damages
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caused by such negligence.] |
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SECTION 4. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 779.002; |
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(2) Section 779.003; |
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(3) Section 779.004; |
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(4) Section 779.007; and |
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(5) Section 779.008. |
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SECTION 5. A local emergency medical services provider |
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shall implement the system required by Section 779.005(d), Health |
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and Safety Code, as added by this Act, not later than the 180th day |
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following the effective date of this Act. |
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SECTION 6. Section 33.088, Education Code, as added by this |
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Act, applies beginning with the 2007-2008 school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |