(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 conduct a monthly inspection to verify the automated external defibrillator:      
        (1) is placed at its designated location;       
        (2) reasonably appears to be ready for use; and       
        (3) does not reasonably appear to be damaged in a manner that could prevent operation.       
      (g) 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.     
      (h) 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.     
      (i) 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.       
      (j) If a facility has an automated external defibrillator on the effective date of this rule, the facility must provide the notification described in subsection (i) of this section within seven days after the effective date.     
     Source Note:        The provisions of this §554.1935 adopted to be effective April 29, 2015, 40 TexReg 2283; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871; amended to be effective December 6, 2022, 47 TexReg 7712