HBA-LCA, MPM S.B. 122 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 122 By: Nelson Public Health 4/25/1999 Engrossed BACKGROUND AND PURPOSE Currently, under the Good Samaritan Law, persons or entities that use automated external defibrillators (defibrillator) are not exempt from civil suits. C.S.S.B. 122 exempts persons and entities who administer a defibrillator in good faith from liability. Without this protection, a person or entity might not render aid. This bill requires training for designated users of a defibrillator, and maintenance and testing by a person or entity who either leases or owns a defibrillator. 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." Sec. 779.002. TRAINING. (a) Requires a person or entity that acquires an automated external defibrillator (defibrillator) to ensure that each user of the defibrillator receives training given or approved by the Texas Department of Health (TDH) in cardiopulmonary resuscitation and use of the defibrillator. Requires a person acquiring a defibrillator to also ensure that a licensed physician is involved in the training program. (b) Requires TDH adopt rules establishing minimum requirements for the training required by this section. Requires TDH, in adopting those rules, to consider the guidelines for defibrillator training approved by the American Heart Association, the American Red Cross, or another nationally recognized association. Sec. 779.003. MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person or entity that owns or leases a defibrillator to maintain and test it according to manufacturer's guidelines. Sec. 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR. Requires a person or entity that provides emergency care to a person in cardiac arrest by using a defibrillator to contact the local emergency medical services provider and to notify the provider of the use of the defibrillator. Sec. 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES PROVIDER. Requires a person or entity to notify the local emergency medical services provider of the existence, location, and type of defibrillator when the person acquires it. Sec. 779.006. LIABILITY EXEMPTION. Provides that the prescribing physician authorizing the acquisition of a defibrillator under this chapter, a person or entity that provides approved training in the use of a defibrillator under this chapter, and a person or entity responsible for the defibrillator 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 a defibrillator 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 DEFIBRILLATOR. Requires each person or entity, other than a licensed practitioner, that acquires a defibrillator to ensure that it has been delivered to that person or entity by a licensed practitioner in the course of the practitioner's practice or upon a prescription or other order lawfully issued in the course of the practitioner's professional practice or, if the defibrillator is acquired for the purpose of sale or lease, to be in conformance with the applicable requirements found in Section 483.041, Health and Safety Code (Possession of Dangerous Drug). Sec. 779.008. HOSPITAL EXEMPTION. Prohibits this chapter from applying to hospitals licensed under Chapter 241, Health and Safety Code (Hospitals). SECTION 2. Amends Section 74.001(a), Civil Practice and Remedies Code (Good Samaritan Law), to provide that a person who, in good faith administers emergency care, including using a defibrillator, at the scene of an emergency but not in a hospital or other health care facility or means of medical transport, is not liable in civil damages for an act performed during the emergency 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 of this bill: Modifies proposed Section 779.002, Health and Safety Code (Training), as follows: Adds "entity," along with "person," to those acquiring a defibrillator who are required to ensure that each user of a defibrillator receives training under this section. Provides that such training be given or approved by the Texas Department of Health, which is required to consider guidelines for training approved by the American Heart Association, the American Red Cross, or another nationally recognized organization. In the original, training was to be supplied directly by those entities. Modifies proposed Section 779.003, Health and Safety Code (Maintenance of Automated External Defibrillator), as follows: Adds "entity," along with "person," to those acquiring a defibrillator who are required to maintain and test the defibrillator according to the manufacturer's guidelines. Modifies proposed Section 779.004, Health and Safety Code (Using an Automated External Defibrillator), as follows: Adds "entity," along with "person," to those providing emergency care who are required to notify the local emergency medical services provider (EMS) upon providing emergency care with a defibrillator. Deletes a provision from the original that required notification of use of a defibrillator to EMS. Modifies proposed Section 779.005, Health and Safety Code (Notifying Local Emergency Medical Services Provider), as follows: Adds "entity," along with "person," to those acquiring a defibrillator who are required to notify the local emergency medical services provider upon acquiring the defibrillator. Modifies proposed Section 779.006, Health and Safety Code (Liability Exemption), tospecify that the liability exemption created by this section applies to acts performed in accordance with this chapter, and to make conforming changes.