1-1                                   AN ACT
 1-2     relating to automated external defibrillator devices.
 1-4           SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is
 1-5     amended by adding Chapter 779 to read as follows:
 1-7           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.
2-18     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.
2-22     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
                                                 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:  _____________________