S.B. No. 199
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, MAINTENANCE, AND INSPECTION OF
AUTOMATED EXTERNAL DEFIBRILLATOR. A person or entity that owns or
leases an automated external defibrillator shall:
(1) maintain and test the automated external
defibrillator according to the manufacturer's guidelines; and
(2) conduct a monthly inspection to verify the
automated external defibrillator:
(A) is placed at its designated location;
(B) reasonably appears to be ready for use; and
(C) does not reasonably appear to be 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) Unless the conduct
is wilfully or wantonly negligent, a [The prescribing] physician
who prescribes or is otherwise involved in [authorizes] the
acquisition of an automated external defibrillator and any [in
accordance with this chapter, 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
related to:
(1) the [for such] prescription, [training, or]
acquisition, or training in the use of the automated external
defibrillator; or
(2) any use or attempted use of or the failure to use
the automated external defibrillator [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 or the
failure to use the automated external defibrillator unless the
conduct is wilfully or wantonly negligent [and negligently fails to
comply with the requirements of this chapter is liable for civil
damages caused by such negligence].
(c) The immunity provided by this section is in addition to
any other immunity or limitations of liability provided by other
law.
(d) The immunity described by this section applies
regardless of whether the person who uses, attempts to use, or fails
to use the automated external defibrillator received training in
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 199 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 199 passed the House, with
amendment, on May 23, 2021, by the following vote: Yeas 131,
Nays 14, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor