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A BILL TO BE ENTITLED
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AN ACT
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relating to automated external defibrillators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 779.003, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 779.003. ACQUISITION AND MAINTENANCE OF AUTOMATED |
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EXTERNAL DEFIBRILLATOR. A person or entity that owns or leases an |
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automated external defibrillator shall: |
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(1) ensure a licensed physician is involved in the |
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acquisition and installation of an automated external |
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defibrillator at a designated location; |
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(2) maintain and test the automated external |
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defibrillator according to the manufacturer's guidelines; and |
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(3) conduct a monthly inspection to verify the |
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automated external defibrillator: |
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(A) is placed at its designated location; |
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(B) is ready for use after the most recent |
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replacement of its batteries and pads; and |
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(C) is not damaged in a manner that could prevent |
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operation. |
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SECTION 2. Section 779.006, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 779.006. LIABILITY EXEMPTION. (a) Any [The] |
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prescribing physician who authorizes the acquisition of an |
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automated external defibrillator in accordance with this chapter |
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and any [, a] person or entity that provides [approved] training in |
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the use of an automated external defibrillator [in accordance with |
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this chapter, and the person or entity that acquires the automated |
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external defibrillator and meets the requirements of this chapter] |
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are not liable for civil damages for such prescription or [,] |
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training [, or acquisition] unless the conduct is wilfully or |
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wantonly negligent. |
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(b) Any person or entity that acquires an automated external |
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defibrillator and any person or entity that owns, occupies, |
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manages, or is otherwise responsible for the designated location |
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where the automated external defibrillator is placed are not liable |
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for civil damages related to the use or attempted use of the |
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automated external defibrillator unless: |
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(1) the conduct is wilfully or wantonly negligent; or |
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(2) the requirements established by this chapter are |
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not satisfied [and negligently fails to comply with the |
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requirements of this chapter is liable for civil damages caused by |
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such negligence]. |
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(c) The immunity described by this section applies |
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regardless of whether the person who uses or attempts to use the |
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automated external defibrillator received training on the use of an |
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automated external defibrillator. |
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SECTION 3. Section 21.0541, Education Code, is amended to |
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read as follows: |
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Sec. 21.0541. CONTINUING EDUCATION CREDIT FOR INSTRUCTION |
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RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board |
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shall adopt rules allowing an educator to receive credit towards |
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the educator's continuing education requirements for completion of |
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an instructional course on the use of an automated external |
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defibrillator that meets any [the] guidelines for automated |
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external defibrillator training approved by the board [under |
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Section 779.002, Health and Safety Code]. |
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SECTION 4. The following provisions are repealed: |
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(1) Section 22.902(b), Education Code; and |
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(2) Section 779.002, Health and Safety Code. |
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SECTION 5. This Act takes effect September 1, 2021. |