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.