| 1 | 1 | | H.B. No. 392 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the availability and use of automated external |
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| 6 | 6 | | defibrillators in nursing homes and related institutions. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter F, Chapter 242, Health and Safety |
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| 9 | 9 | | Code, is amended by adding Section 242.159 to read as follows: |
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| 10 | 10 | | Sec. 242.159. AUTOMATED EXTERNAL DEFIBRILLATORS. (a) An |
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| 11 | 11 | | institution shall have available for use at the institution an |
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| 12 | 12 | | automated external defibrillator, as defined by Section 779.001, |
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| 13 | 13 | | and shall comply with the training, use, and notification |
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| 14 | 14 | | requirements of Chapter 779. |
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| 15 | 15 | | (b) An institution that does not have funds available for |
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| 16 | 16 | | purposes of Subsection (a) may solicit gifts, grants, or donations |
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| 17 | 17 | | to purchase or maintain an automated external defibrillator for use |
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| 18 | 18 | | at the institution. |
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| 19 | 19 | | (c) The use of an automated external defibrillator must be |
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| 20 | 20 | | consistent with a resident's advance directive executed or issued |
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| 21 | 21 | | under Subchapter C, Chapter 166. |
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| 22 | 22 | | (d) Notwithstanding Section 74.151(b), Civil Practice and |
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| 23 | 23 | | Remedies Code, Section 74.151(a), Civil Practice and Remedies Code, |
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| 24 | 24 | | applies to administration of emergency care using an automated |
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| 25 | 25 | | external defibrillator by an employee or volunteer at an |
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| 26 | 26 | | institution. |
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| 27 | 27 | | (e) An institution shall employ at least one person who is |
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| 28 | 28 | | trained in the proper use of an automated external defibrillator. |
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| 29 | 29 | | (e-1) An institution is not required to comply with |
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| 30 | 30 | | Subsections (a) and (e) until September 1, 2012. This subsection |
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| 31 | 31 | | expires January 1, 2013. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 33 | 33 | | ______________________________ ______________________________ |
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| 34 | 34 | | President of the Senate Speaker of the House |
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| 35 | 35 | | I certify that H.B. No. 392 was passed by the House on April |
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| 36 | 36 | | 24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not |
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| 37 | 37 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 38 | 38 | | No. 392 on May 18, 2009, by the following vote: Yeas 141, Nays 0, 2 |
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| 39 | 39 | | present, not voting. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Chief Clerk of the House |
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| 42 | 42 | | I certify that H.B. No. 392 was passed by the Senate, with |
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| 43 | 43 | | amendments, on May 14, 2009, by the following vote: Yeas 31, Nays |
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| 44 | 44 | | 0. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Secretary of the Senate |
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| 47 | 47 | | APPROVED: __________________ |
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| 48 | 48 | | Date |
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| 49 | 49 | | __________________ |
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| 50 | 50 | | Governor |
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