2005 Texas Health & Safety Code CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS

HEALTH & SAFETY CODE

CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS


	§ 779.001. DEFINITION.  In this chapter, "automated 
external defibrillator" means a heart monitor and defibrillator 
that:
		(1)  has received approval from the United States Food 
and Drug Administration of its premarket notification filed under 
21 U.S.C. Section 360(k), as amended;
		(2)  is capable of recognizing the presence or absence 
of ventricular fibrillation or rapid ventricular tachycardia and is 
capable of determining, without interpretation of cardiac rhythm by 
an operator, whether defibrillation should be performed;  and
		(3)  on determining that defibrillation should be 
performed, automatically charges and requests delivery of an 
electrical impulse to an individual's heart.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.002. TRAINING.  (a) A person or entity that 
acquires an automated external defibrillator shall ensure that:
		(1)  each user of the automated external defibrillator 
receives training given or approved by the Texas Department of 
Health in:
			(A)  cardiopulmonary resuscitation;  and                                     
			(B)  use of the automated external defibrillator;  
and                     
		(2)  a licensed physician is involved in the training 
program to ensure compliance with the requirements of this chapter.
	(b)  The Texas Department of Health shall adopt rules 
establishing the minimum requirements for the training required by 
this section.  In adopting rules under this section, the Texas 
Department of Health shall consider the guidelines for automated 
external defibrillator training approved by the American Heart 
Association, the American Red Cross, or another nationally 
recognized association.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.003. MAINTENANCE OF AUTOMATED EXTERNAL 
DEFIBRILLATOR.  A person or entity that owns or leases an automated 
external defibrillator shall maintain and test the automated 
external defibrillator according to the manufacturer's guidelines.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.004. USING AN AUTOMATED EXTERNAL DEFIBRILLATOR.  A 
person or entity that provides emergency care to a person in cardiac 
arrest by using an automated external defibrillator shall promptly 
notify the local emergency medical services provider.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.005. NOTIFYING LOCAL EMERGENCY MEDICAL SERVICES 
PROVIDER.  When a person or entity acquires an automated external 
defibrillator, the person or entity shall notify the local 
emergency medical services provider of the existence, location, and 
type of automated external defibrillator.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.006. LIABILITY EXEMPTION.  The prescribing 
physician who authorizes the acquisition of an automated external 
defibrillator 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 
for such prescription, training, or acquisition unless the conduct 
is wilfully or wantonly negligent.  Any person or entity that 
acquires an automated external defibrillator and negligently fails 
to comply with the requirements of this chapter is liable for civil 
damages caused by such negligence.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.007. POSSESSION OF AUTOMATED EXTERNAL 
DEFIBRILLATORS.  Each person or entity, other than a licensed 
practitioner, that acquires an automated external defibrillator 
shall ensure that:
		(1)  the automated external defibrillator has been 
delivered to that person or entity by a licensed practitioner in the 
course of his professional practice or upon a prescription or other 
order lawfully issued in the course of his professional practice;  
or
		(2)  if the automated external defibrillator is 
acquired for the purpose of sale or lease, the person or entity 
shall be in conformance with the applicable requirements found in 
Section 483.041, Health and Safety Code.

Added by Acts 1999, 76th Leg., ch. 679, § 1, eff. Sept. 1, 1999.           


	§ 779.008. HOSPITAL EXEMPTION.  This chapter shall not 
apply to hospitals licensed under Chapter 241, Health and Safety 
Code.