87R3264 EAS-D
By: Nelson S.B. No. 199
A BILL TO BE ENTITLED
AN ACT
relating to automated external defibrillators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 779.003, Health and Safety Code, is
amended to read as follows:
Sec. 779.003. ACQUISITION AND MAINTENANCE OF AUTOMATED
EXTERNAL DEFIBRILLATOR. A person or entity that owns or leases an
automated external defibrillator shall:
(1) ensure a licensed physician is involved in the
acquisition and installation of an automated external
defibrillator at a designated location;
(2) maintain and test the automated external
defibrillator according to the manufacturer's guidelines; and
(3) conduct a monthly inspection to verify the
automated external defibrillator:
(A) is placed at its designated location;
(B) is ready for use after the most recent
replacement of its batteries and pads; and
(C) is not damaged in a manner that could prevent
operation.
SECTION 2. Section 779.006, Health and Safety Code, is
amended to read as follows:
Sec. 779.006. LIABILITY EXEMPTION. (a) Any [The]
prescribing physician who authorizes the acquisition of an
automated external defibrillator in accordance with this chapter
and any [, a] person or entity that provides [approved] training in
the use of an automated external defibrillator [in accordance with
this chapter, and the person or entity that acquires the automated
external defibrillator and meets the requirements of this chapter]
are not liable for civil damages for such prescription or [,]
training [, or acquisition] unless the conduct is wilfully or
wantonly negligent.
(b) Any person or entity that acquires an automated external
defibrillator and any person or entity that owns, occupies,
manages, or is otherwise responsible for the designated location
where the automated external defibrillator is placed are not liable
for civil damages related to the use or attempted use of the
automated external defibrillator unless:
(1) the conduct is wilfully or wantonly negligent; or
(2) the requirements established by this chapter are
not satisfied [and negligently fails to comply with the
requirements of this chapter is liable for civil damages caused by
such negligence].
(c) The immunity described by this section applies
regardless of whether the person who uses or attempts to use the
automated external defibrillator received training on the use of an
automated external defibrillator.
SECTION 3. Section 21.0541, Education Code, is amended to
read as follows:
Sec. 21.0541. CONTINUING EDUCATION CREDIT FOR INSTRUCTION
RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board
shall adopt rules allowing an educator to receive credit towards
the educator's continuing education requirements for completion of
an instructional course on the use of an automated external
defibrillator that meets any [the] guidelines for automated
external defibrillator training approved by the board [under
Section 779.002, Health and Safety Code].
SECTION 4. The following provisions are repealed:
(1) Section 22.902(b), Education Code; and
(2) Section 779.002, Health and Safety Code.
SECTION 5. This Act takes effect September 1, 2021.