Texas AED Law
Senate Bill 580 - Passed 1999
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
1-10 (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;
2-4 (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
3-27 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
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