HBA-JRA, DMD H.B. 580 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 580 By: Janek Public Health 7/15/1999 Enrolled BACKGROUND AND PURPOSE Currently, more than 1,000 people die every day from cardiac arrests. H.B. 580 establishes training and maintenance procedures for persons who acquire and use automated external defibrillators (AEDs) in places other than a hospital or a medical setting. This bill also limits the liability of a person who is trained to use AEDs provided that the person is acting in good faith. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Section 779.002, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle B, Title 9, Health and Safety Code, by adding Chapter 779, as follows: CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS Sec. 779.001. DEFINITION. Defines "automated external defibrillator" (AED). Sec. 779.002. TRAINING. Requires a person or entity that acquires an AED to ensure that each user of the AED receives training, given or approved by the Texas Department of Health (TDH), in cardiopulmonary resuscitation and the use of the defibrillator. Requires a person who acquires an AED to ensure that a licensed physician is involved in the training program to assure compliance with the requirements in this chapter. Requires TDH to adopt rules establishing the minimum requirements for the training, taking into consideration the training guidelines approved the American Heart Association, the American Red Cross, or another nationally recognized institution. Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who owns or leases an AED to maintain and test it in accordance with the manufacturer's guidelines. Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person who uses an AED when providing emergency care to a person in a cardiac arrest to promptly notify the local emergency medical services provider. Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER. Requires a person, when acquiring a defibrillator, to notify the provider of the existence, location, and type of AED that the person has acquired. Sec. 779.006. LIABILITY EXEMPTION. Establishes that the prescribing physician who authorizes the acquisition of an AED, a person who provides training in the use of a AED, and the person responsible for the AED are not liable for civil damages for such prescription, training or acquisition, unless the conduct is wilfully or wantonly negligent. Provides that any person or entity that acquires an AED and negligently fails to comply with the requirements of this chapter is liable for civil damages caused by such negligence. Sec. 779.007. POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS. Requires each person who acquires an AED, other than a licensed practitioner, to ensure that: (1) the AED has been delivered to that person by a licensed practitioner in the course of his professional practice or upon a prescription or other order lawfully issued in the course of his professional practice; or (2) the person is required, if the AED is acquired for the purpose of sale or lease, to be in conformance with the applicable requirements found in Section 483.041 (Possession of Dangerous Drug), Health and Safety Code. Sec. 779.008. HOSPITAL EXEMPTION. Prohibits this chapter from applying to hospitals licensed under Chapter 241 (Hospitals), Health and Safety Code. SECTION 2. Amends Section 74.001(a), Civil Practice and Remedies Code, to include the use of an AED when a person or entity administers emergency care at the scene of an emergency as an action for which that person is not liable in civil damages unless the act is wilfully or wantonly negligent. SECTION 3.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4.Emergency clause.