HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE B. EMERGENCIES

CHAPTER 779. AUTOMATED EXTERNAL DEFIBRILLATORS

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

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.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 1, eff. September 1, 2021.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 779.006.  LIABILITY EXEMPTION.  (a)  Unless the conduct is wilfully or wantonly negligent, a physician who prescribes or is otherwise involved in the acquisition of an automated external defibrillator and any person or entity that provides training in the use of an automated external defibrillator are not liable for civil damages related to:
(1)  the prescription, 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.
(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.
(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.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 2, eff. September 1, 2021.

Sec. 779.007.  POSSESSION OF AUTOMATED EXTERNAL DEFIBRILLATORS.  Each person or entity, other than a licensed practitioner, that acquires an automated external defibrillator that has not been approved by the United States Food and Drug Administration for over-the-counter sale 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, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 38 (H.B. 92), Sec. 1, eff. May 8, 2007.

Sec. 779.008.  HOSPITAL EXEMPTION.  This chapter shall not apply to hospitals licensed under Chapter 241, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 679, Sec. 1, eff. Sept. 1, 1999.