By: Bohac, et al. H.B. No. 392 COMMITTEE SUBSTITUTE FOR H.B. No. 392By: Deuell By: Deuell

(In the Senate - Received from the House April 27, 2009; May 1, 2009, read first time and referred to Committee on Health and Human Services; May 11, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 11, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the availability and use of automated external defibrillators in nursing homes and related institutions.

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

SECTION 1. Subchapter F, Chapter 242, Health and Safety Code, is amended by adding Section 242.159 to read as follows:

Sec. 242.159. AUTOMATED EXTERNAL DEFIBRILLATORS. (a) An institution shall have available for use at the institution an automated external defibrillator, as defined by Section 779.001, and shall comply with the training, use, and notification requirements of Chapter 779.

(b) An institution that does not have funds available for purposes of Subsection (a) may solicit gifts, grants, or donations to purchase or maintain an automated external defibrillator for use at the institution.

(c) An institution may not use an automated external defibrillator to treat a resident of the institution who has issued or executed an out-of-hospital do-not-resuscitate order under Subchapter C, Chapter 166.

(d) Notwithstanding Section 74.151(b), Civil Practice and Remedies Code, Section 74.151(a), Civil Practice and Remedies Code, applies to administration of emergency care using an automated external defibrillator by an employee or volunteer at an institution.

(e) An institution shall employ at least one person who is trained in the proper use of an automated external defibrillator.

(e-1) An institution is not required to comply with Subsections (a) and (e) until September 1, 2012. This subsection expires January 1, 2013.

SECTION 2. This Act takes effect September 1, 2009.

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