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AN ACT
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relating to the availability and use of automated external |
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defibrillators in nursing homes and related institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.159 to read as follows: |
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Sec. 242.159. AUTOMATED EXTERNAL DEFIBRILLATORS. (a) An |
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institution shall have available for use at the institution an |
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automated external defibrillator, as defined by Section 779.001, |
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and shall comply with the training, use, and notification |
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requirements of Chapter 779. |
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(b) An institution that does not have funds available for |
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purposes of Subsection (a) may solicit gifts, grants, or donations |
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to purchase or maintain an automated external defibrillator for use |
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at the institution. |
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(c) The use of an automated external defibrillator must be |
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consistent with a resident's advance directive executed or issued |
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under Subchapter C, Chapter 166. |
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(d) Notwithstanding Section 74.151(b), Civil Practice and |
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Remedies Code, Section 74.151(a), Civil Practice and Remedies Code, |
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applies to administration of emergency care using an automated |
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external defibrillator by an employee or volunteer at an |
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institution. |
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(e) An institution shall employ at least one person who is |
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trained in the proper use of an automated external defibrillator. |
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(e-1) An institution is not required to comply with |
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Subsections (a) and (e) until September 1, 2012. This subsection |
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expires January 1, 2013. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 392 was passed by the House on April |
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24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 392 on May 18, 2009, by the following vote: Yeas 141, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 392 was passed by the Senate, with |
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amendments, on May 14, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |