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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, MAINTENANCE, AND INSPECTION OF |
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AUTOMATED EXTERNAL DEFIBRILLATOR. A person or entity that owns or |
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leases an automated external defibrillator shall: |
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(1) ensure a licensed physician is involved in the |
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acquisition of the automated external defibrillator in accordance |
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with this chapter; |
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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) reasonably appears to be ready for use; and |
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(C) does not reasonably appear to be damaged in a |
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manner that could prevent 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) Unless the conduct |
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is wilfully or wantonly negligent, a [The prescribing] physician |
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who prescribes or is otherwise involved in [authorizes] the |
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acquisition of an automated external defibrillator and any [in |
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accordance with this chapter, a] person or entity that provides |
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[approved] training in the use of an automated external |
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defibrillator [in accordance with this chapter, and the person or |
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entity that acquires the automated external defibrillator and meets |
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the requirements of this chapter] are not liable for civil damages |
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related to: |
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(1) the [for such] prescription, [training, or] |
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acquisition, or training in the use of the automated external |
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defibrillator; or |
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(2) any use or attempted use of or the failure to use |
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the automated external defibrillator [unless the conduct is |
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wilfully or 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 or the |
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failure to use the automated external defibrillator unless the |
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conduct is wilfully or wantonly negligent [and negligently fails to |
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comply with the requirements of this chapter is liable for civil |
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damages caused by such negligence]. |
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(c) The immunity provided by this section is in addition to |
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any other immunity or limitations of liability provided by other |
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law. |
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(d) The immunity described by this section applies |
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regardless of whether the person who uses, attempts to use, or fails |
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to use the automated external defibrillator received training in |
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the use of an 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. |
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* * * * * |