AED Legal Analysis for Texas
Summary
The owner or lessee of an AED is responsible for maintenance and testing of the AED according to the manufacturer's guidelines and must conduct a monthly inspection to verify the AED is placed in its designated location, appears ready for use, and does not appear to be damaged.
Good Samaritan protection is extended to AED owners, users, AED trainers, and AED program physicians for attempted use or failure to use an AED as long as conduct is not willfully or wantonly negligent .
When acquiring an AED, the person or entity must notify the local EMS provider of the existence, location, and type of AED.
The local EMS provider must be promptly notified by a person or entity providing emergency care when an automated external defibrillator is used.
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.
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.
Students must receive CPR training in grades 7-12.
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.
Good Samaritan protection is extended to AED owners, users, AED trainers, and AED program physicians for attempted use or failure to use an AED as long as conduct is not willfully or wantonly negligent .
When acquiring an AED, the person or entity must notify the local EMS provider of the existence, location, and type of AED.
The local EMS provider must be promptly notified by a person or entity providing emergency care when an automated external defibrillator is used.
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.
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.
Students must receive CPR training in grades 7-12.
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.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| Tex. Health & Safety Code Ann. § 779.003 | Maintenance Requirements | 2021-09-01 | AEDs must be maintained and tested by the person or entity that owns or leases an automated external defibrillator (AED) according to the manufacturer's guidelines and must also be checked monthly to verify the AED is placed at its designated location, appears to be ready for use, and does not appear to be damaged. |
| Tex. Admin. Code tit. 40, § 19.1935 | Mandate; Registration Requirement | 2015-04-29 | A nursing facility must have at least one AED available for use onsite at all times. Within 24 hours after acquiring an automated external defibrillator, a nursing 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. |
| TAC Title 40, Chapter 19 - §19.1935 | AEDs in Nursing Facilities | 2015-04-29 | Requires a nursing facility to: • have at least one AED in a single story building, on each floor of a multiple story building, and in each house of a multiple small house model; • have at least one staff person with current training in cardiopulmonary resuscitation and AED operation onsite at all times in a single story building, on each floor of a multiple story building, and in each house of a multiple small house model; • place the AED in an easily accessible location for trained staff; • have a licensed physician provide medical consultation or general oversight of the staff training on AED operation; • test and maintain the AED according to manufacturer’s guidelines; • maintain AED testing and maintenance records; • ensure the AED use is consistent with a resident’s advance directive; • notify the local emergency medical services provider of the location and type of AED in the facility; and • call 911 when an AED is used. The new rule —Texas Administrative Code, Title 40, Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification, §19.1935, Automated External Defibrillators — implements Texas Health and Safety Code, §242.159 that was added in 2009 and required NFs to have AEDs by September 1, 2014. When deciding the placement of an AED so that staff can easily access it, please note that 40 TAC §19.301 requires a nursing facility to follow the 2000 edition of the Life Safety Code. In addition, the provisions of the Life Safety Code that govern projections into a corridor and mounted items on corridor walls apply to the placement of an AED. |
| Tex. Admin. Code tit. 40, § 15.205 | Mandate | 2014-09-01 | A pediatric extended care center must maintain a first aid kit with unexpired supplies and an automated external defibrillator for minors served at the center. |
| Tex. Health & Safety Code Ann. § 242.159 | Mandate | 2009-09-01 | Requires convalescent, nursing, and dental facilities (defined in section § 242.002 as an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter, and laundry) to have available for use at the institution an AED. |
| Tex. Educ. Code Ann. § 38.017 | Mandate | 2007-06-15 | Each school district shall make available at each campus in the district at least one automated external defibrillator. This section does not waive any immunity from liability of a school district or its officers or employees or create any liability for or a cause of action against a school district or its officers or employees. |
| Tex. Civ. Prac. & Rem. Code Ann. § 74.151 | Good Samaritan | 2007-06-15 | 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 AED; or (2) administers emergency care as a volunteer who is a first responder. |
| Tex. Health & Safety Code Ann. § 779.007 | Mandate | 1999-09-01 | Each person or entity, other than a licensed practitioner, that acquires an AED that has not been approved by the FDA for over-the-counter sale shall ensure that: (1) the AED 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 the Health and Safety Code. |
| Tex. Health & Safety Code Ann. § 779.002 | Training | 1999-09-01 | Repealed, effective 9/01/2021 |
| Tex. Health & Safety Code Ann. § 779.005 | Registration | 1999-09-01 | 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 AED. |
We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.