Good Samaritan Law: Protection from liability is extended to good faith users, AED trainers, and AED-prescribing physicians as well as to AED acquirers, owners, and lessees who are in compliance with code requirements.
AED Training: An AED acquirer is responsible for ensuring that AED users receive training in CPR/AED and for notifying local EMS of the existence, location, and type of AED.AED MaintenanceThe owner or lessee of an AED is responsible for maintenance and testing of the AED according to the manufacturer's guidelines.
Medical Oversight: The medical oversight of a licensed physician is required for each AED program to ensure compliance with the law.
Schools: At least one AED is required on each school campus and, for any gathering of a substantial number of students, the AED and an employee trained in AED must be readily available.
Students must receive CPR training once in grades 7-12.
Dental Offices / Nursing Homes / Extended Care Facilities: At least one AED is required at each dental office, nursing home, convalescent facility, and pediatric extended care facilities, and at least one employee trained in CPR/AED must be on site.
Nursing Facilities: Nursing Facilities are required to have at least one AED and a CPR/AED trained staff member on each floor and in each building. Physician oversight is required in nursing homes.
Texas Statutes and Regulations
Texas Health and Safety Code, § 779.001Definitions
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. § 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.Texas Health and Safety Code, § 779.002Training
(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 Department of State Health Services 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 executive commissioner of the Health and Human Services Commission shall adopt rules establishing the minimum requirements for the training required by this section. In adopting rules under this section, the executive commissioner shall consider the guidelines for automated external defibrillator training approved by the American Heart Association, the American Red Cross, or another nationally recognized association.
Texas Health and Safety Code, § 779.003Maintenance
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.
Texas Health and Safety Code, § 779.004Use
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.
Texas Health and Safety Code, § 779.005Notifying 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.
Texas Health and Safety Code, § 779.006Liability 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 willfully 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.
Texas Health and Safety Code, § 779.007Possession 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.
Texas Health and Safety Code, § 242.159Automated External Defibrillators
(a) An institution [nursing home facilities] shall have available for use at the institution an automated external defibrillator, as defined by Section 779.001, and shall comply with the training, use, and notification requirements of Chapter 779.
(b) An institution that does not have funds available for purposes of Subsection (a) may solicit gifts, grants, or donations to purchase or maintain an automated external defibrillator for use at the institution.
(c) The use of an automated external defibrillator must be consistent with a resident's advance directive executed or issued under Subchapter C, Chapter 166.
(d) Notwithstanding Section 74.151(b), Civil Practice and Remedies Code, Section 74.151(a), Civil Practice and Remedies Code, applies to administration of emergency care using an automated external defibrillator by an employee or volunteer at an institution.
(e) An institution shall employ at least one person who is trained in the proper use of an automated external defibrillator.
(e-1) An institution is not required to comply with Subsections (a) and (e) until September 1, 2014. This subsection expires January 1, 2015.Texas Civil Practice and Remedies Code, § 74.151Liability for Emergency Care
(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent, including a person who:
(1) administers emergency care using an automated external defibrillator; or
(2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
(b) This section does not apply to care administered:
(1) for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or
(2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.
(c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01.
(e) Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered. This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or policy or procedure adopted under Subchapter 0-1, Chapter 161, Health and Safety Code, other than liability arising from willful or intentional misconduct.
Texas Education Code, § 22.902Instruction Related to Cardiopulmonary Resuscitation and Use of Automated External Defibrillator
(a) A school district shall annually make available to district employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator, as defined by Section 779.001, Health and Safety Code.
(b) The instruction provided in the use of an automated external defibrillator must meet guidelines for automated external defibrillator training approved under Section 779.002, Health and Safety Code.
(c) Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, marching band director, cheerleading coach, and any other school employee specified by the commissioner and each student who serves as an athletic trainer must participate in the instruction in the use of an automated external defibrillator. A person described by this subsection must receive and maintain certification in the use of an automated external defibrillator from the American Heart Association, the American Red Cross, or a similar nationally recognized association.
(d) The commissioner shall adopt rules as necessary to implement this section.
(e) This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator. A private school shall adopt a policy under which the school makes available to school employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator. The policy must comply with the requirements prescribed by this section and commissioner rules adopted under this section, including the requirements prescribed by Subsection (c).
Texas Education Code, § 28.0023Cardiopulmonary Resuscitation
(a) Repealed.
(b) The State Board of Education by rule shall require instruction in cardiopulmonary resuscitation for students in grades 7 through 12.
(c) A school district or open-enrollment charter school shall provide instruction to students in grades 7 through 12 in cardiopulmonary resuscitation in a manner consistent with the requirements of this section and State Board of Education rules adopted under this section. The instruction may be provided as a part of any course. A student shall receive the instruction at least once before graduation.
(d) A school administrator may waive the curriculum requirement under this section for an eligible student who has a disability.
(e) Cardiopulmonary resuscitation instruction must include training that has been developed:
(1) by the American Heart Association or the American Red Cross; or
(2) using nationally recognized, evidence-based guidelines for emergency cardiovascular care and incorporating psychomotor skills to support the instruction.
(f) For purposes of Subsection (e), “psychomotor skills” means hands-on practice to support cognitive learning. The term does not include cognitive-only instruction and training.
(g) A school district or open-enrollment charter school may use emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or the American Red Cross, teachers, other school employees, or other similarly qualified individuals to provide instruction and training under this section. Instruction provided under this section is not required to result in certification in cardiopulmonary resuscitation. If instruction is intended to result in certification in cardiopulmonary resuscitation, the course instructor must be authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association.
Texas Education Code, § 38.017Availability of Automated External Defibrillator
(a) Each school district shall make available at each campus in the district at least one automated external defibrillator, as defined by Section 779.001, Health and Safety Code. A campus defibrillator must be readily available during any University Interscholastic League athletic competition held on the campus. In determining the location at which to store a campus defibrillator, the principal of the campus shall consider the primary location on campus where students engage in athletic activities.
(b) To the extent practicable, each school district, in cooperation with the University Interscholastic League, shall make reasonable efforts to ensure that an automated external defibrillator is available at each University Interscholastic League athletic practice held at a district campus. If a school district is not able to make an automated external defibrillator available in the manner provided by this subsection, the district shall determine the extent to which an automated external defibrillator must be available at each University Interscholastic League athletic practice held at a district campus. The determination must be based, in addition to any other appropriate considerations, on relevant medical information.
(c) Each school district, in cooperation with the University Interscholastic League, shall determine the extent to which an automated external defibrillator must be available at each University Interscholastic League athletic competition held at a location other than a district campus. The determination must be based, in addition to any other appropriate considerations, on relevant medical information and whether emergency services personnel are present at the athletic competition under a contract with the school district.
(d) Each school district shall ensure the presence at each location at which an automated external defibrillator is required under Subsection (a), (b), or (c) of at least one campus or district employee trained in the proper use of the defibrillator at any time a substantial number of district students are present at the location.
(e) A school district shall ensure that an automated external defibrillator is used and maintained in accordance with standards established under Chapter 779, Health and Safety Code.
(f) This section does not:
(1) waive any immunity from liability of a school district or its officers or employees;
(2) create any liability for or a cause of action against a school district or its officers or employees; or
(3) waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code.
(g) This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator. A private school shall:
(1) make available at the school at least one automated external defibrillator; and
(2) in coordination with the Texas Association of Private and Parochial Schools, adopt a policy concerning the availability of an automated external defibrillator at athletic competitions and practices in a manner consistent with the requirements prescribed by this section, including the training and maintenance requirements prescribed by this section.
(h) A school district may seek and accept gifts, grants, or other donations to pay the district’s cost of purchasing automated external defibrillators required under this section.
Texas Education Code, § 38.018Procedures Regarding Response to Cardiac Arrest
(a) Each school district and private school shall develop safety procedures for a district or school employee or student to follow in responding to a medical emergency involving cardiac arrest, including the appropriate response time in administering cardiopulmonary resuscitation, using an automated external defibrillator, as defined by Section 779.001, Health and Safety Code, or calling a local emergency medical services provider.
(b) A private school is required to develop safety procedures under this section only if the school receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator.
Texas Education Code, § 44.047Purchase or Lease of Automated External Defibrillator
(a) A school district or private school that purchases or leases an automated external defibrillator, as defined by Section 779.001, Health and Safety Code, shall ensure that the automated external defibrillator meets standards established by the federal Food and Drug Administration.
(b) A private school that purchases or leases an automated external defibrillator is required to comply with the requirements of this section only if the school receives funding from the agency to purchase or lease the automated external defibrillator.
Texas Occupations Code - Sec. 258.1556Minimum Emergency Preparedness Standards (Dental Enteral Administration of Anesthesia)
(a) The [dental] board shall adopt rules to establish minimum emergency preparedness standards and requirements for the administration of anesthesia under a permit issued under this subchapter. The rules must require a permit holder to:
(1) have available at any time the permit holder administers anesthesia:
(A) an adequate and unexpired supply of drugs and anesthetic agents necessary for the safe administration of anesthesia; and
(B) an automated external defibrillator, as defined by Section 779.001, Health and Safety Code;
(2) conduct periodic inspections of the permit holder's equipment in the manner and on the schedule determined by the board;
(3) maintain and make available to the board on request an equipment readiness log; and
(4) develop and annually update written policies, procedures, and training requirements, specific to the permit holder's equipment and drugs, for responding to emergency situations involving anesthesia.
(b) Rules adopted under Subsection (a)(4) must require a holder of a level 2, level 3, or level 4 permit to develop policies and procedures that include:
(1) advanced cardiac life support rescue protocols;
(2) advanced airway management techniques; and
(3) if the permit holder is authorized to administer anesthesia to pediatric patients, pediatric advanced life support rescue protocols.
Texas Administrative Code, 25 TAC § 157.41Automated External Defibrillators for Public Access Defibrillation
(a) Purpose. The purpose of this rule is to establish minimum standards and requirements for training of lay responders using automated external defibrillators (AED).
(b) Excluded. This section shall not apply to persons who are licensed, certified or registered under the Texas Health and Safety Code, Chapter 773, or to hospitals licensed under Health and Safety Code, Chapter 241.
(c) Definitions.
(1) Automated External Defibrillator (AED) — An electronic medical device approved by the United States Food and Drug Administration which is capable of recognizing the presence or absence of cardioventricular fibrillation or rapid cardioventricular tachycardia; is capable of determining, without interpretation of cardiac rhythm by an operator, whether defibrillation should be performed and, on determining that defibrillation should be performed, automatically charges and requests the operator to deliver an electrical impulse to an individual’s heart.
(2) Cardiopulmonary Resuscitation (CPR) — A life saving procedure involving closed chest compressions and artificial respiration to an individual who is pulseless and apneic or who is experiencing agonal respiration.
(3) Lay Responder — A non-EMS-professional trained to respond to specific medical emergencies such as sudden cardiac arrest.
(4) Public Access Defibrillation — A comprehensive, integrated community approach to the use of AEDs by trained lay responders.
(5) Sudden Cardiac Arrest — A condition of sudden, unexpected loss of heart function, breathing and consciousness, usually resulting from an electrical disturbance in the heart that disrupts its pumping action and causes blood to stop flowing to the rest of the body.
(d) Training required.
(1) A person acquiring and/or using an AED shall successfully complete a training course in CPR and AED operation in accordance with the guidelines established by the device’s manufacturer and as approved by the American Heart Association, the American Red Cross, other nationally recognized associations, or the medical director of the local emergency medical services provider.
(2) The person shall maintain that training in accordance with the guidelines established by the training association.
(3) A licensed physician shall be involved in the training program to ensure compliance with the requirements of this chapter. Physician involvement may be in the form of medical consultation or general oversight of the course.
(e) Notification required.
(1) A person or entity that acquires an AED shall immediately notify all local emergency medical service providers of the existence, physical location and type of device.
(2) A person or entity that uses an AED shall notify the local emergency medical service (911) provider after the AED is used.
(f) Guidelines and procedures for use. Use of an AED shall be in accordance with the guidelines established as nationally recognized standards and shall be in accordance with the manufacturer’s operating procedures. The person or entity that acquires the AED should assure:
(1) AED prescription, purchase, use and maintenance records are retained;
(2) continuous involvement with the medical consultant and local EMS;
(3) appropriate placement of AED;
(4) maintenance of the AED;
(5) a core of trained users is maintained;
(6) liability exemption information is retained;
(7) the guidelines used are approved by the American Heart Association, the American Red Cross, other nationally recognized associations, or the medical director of the local emergency medical services provider;
(8) after-use procedures are developed and followed; and
(9) quality improvement procedures are developed and followed.
Texas Administrative Code - 40 TAC 19.1935Automated External Defibrillators in Nursing Homes
(a) In this section:
(1) "automated external defibrillator" means a heart monitor and defibrillator that:
(A) has received approval from the United States Food and Drug Administration of its premarket notification filed under United States Code, Title 21, §360(k);
(B) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
(C) is capable of determining, without interpretation of cardiac rhythm by an operator, whether defibrillation should be performed; and
(D) after determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and
(2) "onsite" means:
(A) in a single story building;
(B) on each floor of a multiple story building; or
(C) in each small house of a multiple small house model.
(b) A facility must have at least one automated external defibrillator available for use onsite at all times. The facility must place the automated external defibrillator in a location that is easily accessible for staff persons who are trained to operate it.
(c) A facility must ensure at least one staff person who has completed and maintains training in cardiopulmonary resuscitation (CPR) and automated external defibrillator operation in accordance with the guidelines established by the defibrillator's manufacturer and as approved by the American Heart Association, the American Red Cross, or other nationally recognized associations is onsite at all times.
(d) A facility must ensure that a licensed physician provides medical consultation or general oversight of the staff training to ensure the facility complies with subsection (c) of this section.
(e) A facility must maintain and test the automated external defibrillator according to the manufacturer's guidelines and keep records of the maintenance and testing.
(f) A facility must ensure the use of an automated external defibrillator is consistent with a resident's advance directive executed or issued under Texas Health and Safety Code, Chapter 166, Subchapter C.
(g) The facility must notify the local emergency medical services provider by calling 9-1-1, per standard CPR procedures, while using an automated external defibrillator on a resident.
(h) Within 24 hours after acquiring an automated external defibrillator, a facility must notify the local emergency medical services provider of:
(1) the existence of the automated external defibrillator;
(2) the location of the automated external defibrillator in the facility; and
(3) the type of automated external defibrillator.
(i) If a facility has an automated external defibrillator on the effective date of this rule, the facility must provide the notification described in subsection (h) of this section within seven days after the effective date.