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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of automated external defibrillators |
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at certain athletic clubs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 779.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 779.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Automated [, "automated] external defibrillator" |
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means a heart monitor and defibrillator that: |
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(A) [(1)] has received approval from the United |
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States Food and Drug Administration of its premarket notification |
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filed under 21 U.S.C. Section 360(k), as amended; |
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(B) [(2)] is capable of recognizing the presence |
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or absence of ventricular fibrillation or rapid ventricular |
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tachycardia and is capable of determining, without interpretation |
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of cardiac rhythm by an operator, whether defibrillation should be |
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performed; and |
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(C) [(3)] on determining that defibrillation |
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should be performed, automatically charges and requests delivery of |
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an electrical impulse to an individual's heart. |
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(2) "Athletic club" means an entity that: |
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(A) provides sports or exercise equipment, |
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facilities, or instruction to its customers or members or to the |
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guests of its customers or members; and |
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(B) provides sports or exercise equipment, |
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facilities, or instruction to or has enrolled at least 125 |
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customers or members. |
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SECTION 2. Chapter 779, Health and Safety Code, is amended |
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by adding Section 779.009 to read as follows: |
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Sec. 779.009. ATHLETIC CLUBS; LIMITATION ON LIABILITY. (a) |
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An athletic club shall: |
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(1) make available at each facility or location an |
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automated external defibrillator; and |
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(2) make reasonable efforts to ensure during staffed |
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business hours the presence at each facility or location of at least |
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one athletic club employee trained in the proper use of an automated |
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external defibrillator. |
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(b) An athletic club or other person is not liable for civil |
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damages arising from the use, attempt to use, or failure to use an |
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automated external defibrillator on the premises of an athletic |
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club unless the act is wilful or wanton or constitutes gross |
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negligence. The limitation on liability provided by this subsection |
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is not exclusive and a person may raise any other defense to |
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liability available under law. |
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SECTION 3. Section 779.009(b), Health and Safety Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after September 1, 2008. A cause of action that accrued before |
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September 1, 2008, is governed by the law in effect at the time the |
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cause of action accrued, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2008. |