Texas AED Laws
Information concerning Texas state laws and codes concerning AEDs and defibrillators has been compiled for individuals looking to implement and/or support an AED program in Texas.
Statutes of particular importance have been highlighted in red for your convenience. Whereas you'll want to make sure your AED program fulfills all of the requirements outlined below, these particular statutes can be viewed as the most important and those that should not be glanced over and/or ignored. If an AED program does not fulfill these requirements, issues of liability are presented.
If you have any questions at all on Texas state laws and statutes for AEDs and defibrillators, please let us know. We're here to help make the acquisition and implementation of an AED program as simple as possible.
TEXAS AED LAWS AND CODES
Texas Statutes and Codes § 74.151
(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
(b) This section does not apply to care administered:(2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
(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) 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.
Texas Statutes and Codes § 779.002
(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.
Texas Statutes and Codes § 779.003
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 Statutes and Codes § 779.004
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 Statutes and Codes § 779.005
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 Statutes and Codes § 779.006
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 Statutes and Codes § 779.007
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 Education Code § 38.017
(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 § 38.018
(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.
SECTION 1. This Act may be cited as the Edmund Kuempel Act.
Section 28.0023, Education Code, (effective Sept 1, 2013
(a) In this section, "automated external defibrillator" has the meaning assigned by Section 779.001, Health and Safety Code.
(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.
SECTION 3. Section 28.0023(a), Education Code, is repealed.
SECTION 4. This Act applies beginning with the 2014-2015 school year.
SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.