HBA-DMD H.B. 580 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 580
By: Janek
Public Health
2/11/1999
Introduced



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.  The 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 who acquires an AED to ensure
that each user of the AED receives training, that is to be given or
approved by the American Heart Association or other nationally recognized
association, 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 the Texas Department of
Health to adopt rules establishing the minimum requirements for the
training. 

Sec. 779.003.  MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a
person who owns or leases a defibrillator to maintain and test the AED 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 contact the local emergency medical services provider
(provider) to notify the provider of the use of an AED. 

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 an act that was performed, unless the act
is wilfully or wantonly negligent. 

 SECTION 2.  Amends Section 74.001(a), Civil Practice and Remedies Code, to
include the use of an AED when a person 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.