H.B. No. 392
AN ACT
relating to the availability and use of automated external
defibrillators in nursing homes and related institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 242, Health and Safety
Code, is amended by adding Section 242.159 to read as follows:
Sec. 242.159. AUTOMATED EXTERNAL DEFIBRILLATORS. (a) An
institution shall have available for use at the institution an
automated external defibrillator, as defined by Section 779.001,
and shall comply with the training, use, and notification
requirements of Chapter 779.
(b) An institution that does not have funds available for
purposes of Subsection (a) may solicit gifts, grants, or donations
to purchase or maintain an automated external defibrillator for use
at the institution.
(c) The use of an automated external defibrillator must be
consistent with a resident's advance directive executed or issued
under Subchapter C, Chapter 166.
(d) Notwithstanding Section 74.151(b), Civil Practice and
Remedies Code, Section 74.151(a), Civil Practice and Remedies Code,
applies to administration of emergency care using an automated
external defibrillator by an employee or volunteer at an
institution.
(e) An institution shall employ at least one person who is
trained in the proper use of an automated external defibrillator.
(e-1) An institution is not required to comply with
Subsections (a) and (e) until September 1, 2012. This subsection
expires January 1, 2013.
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 392 was passed by the House on April
24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 392 on May 18, 2009, by the following vote: Yeas 141, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 392 was passed by the Senate, with
amendments, on May 14, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor