1-1 AN ACT

1-2 relating to automated external defibrillator devices.

1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-4 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is

1-5 amended by adding Chapter 779 to read as follows:

1-6 CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS

1-7 Sec. 779.001. DEFINITION. In this chapter, "automated

1-8 external defibrillator" means a heart monitor and defibrillator

1-9 that:

1-10 (1) has received approval from the United States Food

1-11 and Drug Administration of its premarket notification filed under

1-12 21 U.S.C. Section 360(k), as amended;

1-13 (2) is capable of recognizing the presence or absence

1-14 of ventricular fibrillation or rapid ventricular tachycardia and is

1-15 capable of determining, without interpretation of cardiac rhythm by

1-16 an operator, whether defibrillation should be performed; and

1-17 (3) on determining that defibrillation should be

1-18 performed, automatically charges and requests delivery of an

1-19 electrical impulse to an individual's heart.

1-20 Sec. 779.002. TRAINING. (a) A person or entity that

1-21 acquires an automated external defibrillator shall ensure that:

1-22 (1) each user of the automated external defibrillator

1-23 receives training given or approved by the Texas Department of

1-24 Health in:

2-1 (A) cardiopulmonary resuscitation; and

2-2 (B) use of the automated external defibrillator;

2-3 and

2-4 (2) a licensed physician is involved in the training

2-5 program to ensure compliance with the requirements of this chapter.

2-6 (b) The Texas Department of Health shall adopt rules

2-7 establishing the minimum requirements for the training required by

2-8 this section. In adopting rules under this section, the Texas

2-9 Department of Health shall consider the guidelines for automated

2-10 external defibrillator training approved by the American Heart

2-11 Association, the American Red Cross, or another nationally

2-12 recognized association.

2-13 Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL

2-14 DEFIBRILLATOR. A person or entity that owns or leases an automated

2-15 external defibrillator shall maintain and test the automated

2-16 external defibrillator according to the manufacturer's guidelines.

2-17 Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. A

2-18 person or entity that provides emergency care to a person in

2-19 cardiac arrest by using an automated external defibrillator shall

2-20 promptly notify the local emergency medical services provider.

2-21 Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES

2-22 PROVIDER. When a person or entity acquires an automated external

2-23 defibrillator, the person or entity shall notify the local

2-24 emergency medical services provider of the existence, location, and

2-25 type of automated external defibrillator.

2-26 Sec. 779.006. LIABILITY EXEMPTION. The prescribing

2-27 physician who authorizes the acquisition of an automated external

3-1 defibrillator in accordance with this chapter, a person or entity

3-2 that provides approved training in the use of an automated

3-3 external defibrillator in accordance with this chapter, and the

3-4 person or entity that acquires the automated external defibrillator

3-5 and meets the requirements of this chapter are not liable for civil

3-6 damages for such prescription, training, or acquisition unless the

3-7 conduct is wilfully or wantonly negligent. Any person or entity

3-8 that acquires an automated external defibrillator and negligently

3-9 fails to comply with the requirements of this chapter is liable for

3-10 civil damages caused by such negligence.

3-11 Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL

3-12 DEFIBRILLATORS. Each person or entity, other than a licensed

3-13 practitioner, that acquires an automated external defibrillator

3-14 shall ensure that:

3-15 (1) the automated external defibrillator has been

3-16 delivered to that person or entity by a licensed practitioner in

3-17 the course of his professional practice or upon a prescription or

3-18 other order lawfully issued in the course of his professional

3-19 practice; or

3-20 (2) if the automated external defibrillator is

3-21 acquired for the purpose of sale or lease, the person or entity

3-22 shall be in conformance with the applicable requirements found in

3-23 Section 483.041, Health and Safety Code.

3-24 Sec. 779.008. HOSPITAL EXEMPTION. This chapter shall not

3-25 apply to hospitals licensed under Chapter 241, Health and Safety

3-26 Code.

3-27 SECTION 2. Section 74.001(a), Civil Practice and Remedies

4-1 Code, is amended to read as follows:

4-2 (a) A person who in good faith administers emergency care,

4-3 including using an automated external defibrillator, at the scene

4-4 of an emergency but not in a hospital or other health care facility

4-5 or means of medical transport is not liable in civil damages for an

4-6 act performed during the emergency unless the act is wilfully or

4-7 wantonly negligent.

4-8 SECTION 3. This Act takes effect September 1, 1999, and

4-9 applies to a person or entity that possesses an automated external

4-10 defibrillator on the effective date of this Act or acquires an

4-11 automated external defibrillator on or after that date.

4-12 SECTION 4. The importance of this legislation and the

4-13 crowded condition of the calendars in both houses create an

4-14 emergency and an imperative public necessity that the

4-15 constitutional rule requiring bills to be read on three several

4-16 days in each house be suspended, and this rule is hereby suspended.

_______________________________ _______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 580 was passed by the House on April

13, 1999, by a non-record vote; and that the House concurred in

Senate amendments to H.B. No. 580 on May 26, 1999, by a non-record

vote.

_______________________________

Chief Clerk of the House

I certify that H.B. No. 580 was passed by the Senate, with

amendments, on May 21, 1999, by a viva-voce vote.

_______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor