By: Nelson  S.B. No. 199
         (In the Senate - Filed November 16, 2020; March 3, 2021,
  read first time and referred to Committee on Health & Human
  Services; March 22, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  March 22, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 199 By:  Buckingham
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to automated external defibrillators.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 779.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 779.003.  ACQUISITION, MAINTENANCE, AND INSPECTION OF
  AUTOMATED EXTERNAL DEFIBRILLATOR. A person or entity that owns or
  leases an automated external defibrillator shall:
               (1)  ensure a licensed physician is involved in the
  acquisition of the automated external defibrillator in accordance
  with this chapter;
               (2)  maintain and test the automated external
  defibrillator according to the manufacturer's guidelines; and
               (3)  conduct a monthly inspection to verify the
  automated external defibrillator:
                     (A)  is placed at its designated location;
                     (B)  reasonably appears to be ready for use; and
                     (C)  does not reasonably appear to be damaged in a
  manner that could prevent operation.
         SECTION 2.  Section 779.006, Health and Safety Code, is
  amended to read as follows:
         Sec. 779.006.  LIABILITY EXEMPTION.  (a)  Unless the conduct
  is wilfully or wantonly negligent, a [The prescribing] physician
  who prescribes or is otherwise involved in [authorizes] the
  acquisition of an automated external defibrillator and any [in
  accordance with this chapter, a] person or entity that provides
  [approved] training in the use of an automated external
  defibrillator [in accordance with this chapter, and the person or
  entity that acquires the automated external defibrillator and meets
  the requirements of this chapter] are not liable for civil damages
  related to:
               (1)  the [for such] prescription, [training, or]
  acquisition, or training in the use of the automated external
  defibrillator; or
               (2)  any use or attempted use of or the failure to use
  the automated external defibrillator [unless the conduct is
  wilfully or wantonly negligent].
         (b)  Any person or entity that acquires an automated external
  defibrillator and any person or entity that owns, occupies,
  manages, or is otherwise responsible for the designated location
  where the automated external defibrillator is placed are not liable
  for civil damages related to the use or attempted use of or the
  failure to use the automated external defibrillator unless the
  conduct is wilfully or wantonly negligent [and negligently fails to
  comply with the requirements of this chapter is liable for civil
  damages caused by such negligence].
         (c)  The immunity provided by this section is in addition to
  any other immunity or limitations of liability provided by other
  law.
         (d)  The immunity described by this section applies
  regardless of whether the person who uses, attempts to use, or fails
  to use the automated external defibrillator received training in
  the use of an automated external defibrillator.
         SECTION 3.  Section 21.0541, Education Code, is amended to
  read as follows:
         Sec. 21.0541.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION
  RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board
  shall adopt rules allowing an educator to receive credit towards
  the educator's continuing education requirements for completion of
  an instructional course on the use of an automated external
  defibrillator that meets any [the] guidelines for automated
  external defibrillator training approved by the board [under
  Section 779.002, Health and Safety Code].
         SECTION 4.  The following provisions are repealed:
               (1)  Section 22.902(b), Education Code; and
               (2)  Section 779.002, Health and Safety Code.
         SECTION 5.  This Act takes effect September 1, 2021.
 
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