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HomeMy WebLinkAboutOrdinance 16262-01-2005©rdinazzce Number ~~~D~-01 Page l ORDTNANCE NUMBER ~ ~`~~~ ~ ~ '~ ~ AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF FORT WORTH, (1986), AS AMENDED, BY ADDING AN ARTICLE TV TO BE NAMED "AUTOMATED EXTERNAL DEFIBRILLATORS;" REQUIRING THE REGISTRATION OF ALL AUTOMATED EXTERNAL DEFIBRILLATORS WITH THE EMERGENCY PHYSICIANS' ADVISORY BOARD; AMENDING SECTION 5-S, CHAPTER 5, OF THE CODE OF TIDE CITY OF FORT WORTH, {198b), AS AMENDED BY LIMITING THE AFFECT OF THE PENALTY CLAUSE TO PREVIOUS VIOLATIONS; BY PROVIDING TTIAT THIS ORDINANCE SIIALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND FROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has a legitimate interest in the health and safety of the citizens of the City of Fart Worth; WHEREAS, the number of people diagnosed with cardiovascular disease continues to grow and causes an increasing number of deaths each year; WHEREAS, the use of an automated external defibrillator immediately after a cardiac arrest significantly increases the chances of survival; WHEREAS, the autorated external def brillator received approval from. the United States Food and Drug Administration of its pre~narket notification filed under 21 U.S.C. Section 360{l~), as amended {Texas Health and Safety Code, Chapter 779, Section 779.OD1}; WHEREAS, The Texas Health and Safety Code, Chapter 779, requires all persons or entities to notify the local emergency services provider of the existence, location, and type of automated external defibrillator and Crty Council approves and hereby desires to ratify Chapter 779 of the Texas Health and Safety Code; WHEREAS, the City Council deems it necessary require notification in order to ensure and protect the safety and welfare of the citizens of Fort Worth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTTON 1. That the Cade of the City ofFort Worth (1989), Chapter 5, Article T, Section 5-5 as amended, is hereby further to read as follows: 1 Ordinance Number l r ` 1`?1~; gage 2 Section 5-S. Pea~alties. The following provisions for application of penalties far violation of this chapter shall apply: {T) Any person convicted of violating the provisions of Chapter S, Article T, Section 5-4 sha11 be fined no more than five thousand dollars ($500.00). This does not serve to limit ar~y other remedies available to this jurisdiction in Taw or equity. {2) Each violation of this chapter that is committed sha1T constitute a separate offense. SECTTUN 2. That the Code of the City of Fort Worth (1986), Chapter S, as amended, is hereby further amended by adding an Article IV named "Autara~ated External Defibrillators," to read as follows: Section S-~0. Definition. Automated External Defibrillator. Means a heart monitor and defibrillator that: {1) Has received approval from the United States Food and T]rug Administration of its premarlcet notification filed under 21 U.S.C. Section 3G0 {lc), as amended; (2) Ts 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 perfarrrzed, automatically charges and requests delivery of aii electrical impulse to an individual's heart. Section 5-41. Training. 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 Hearth 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. 2 Ordinance Numbcr {~'..~{d~_____~-~.04~ ;Page 3 Section 5-42. Maintenance. 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. Section ~-43. Notifying Local Emergency Medical Services Provider. (1) A person or entity that provides emergency care to a personrn cardiac arrest by using an automated external def brillator shall promptly notify the Emergency Physicians' Advisory Board. (2) When a person or entity acquires an automated external defibrillator, the person or entity shall notify the Emergency Physicians' Advisory Board of the existence, location and type of automated external defibrillator. Section 5-44. Possession of Automated External I3efibrillators. Eaeh person or entity that acquires an automated external defibrillator, other than that of a licenses practitioner, 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/her professional practice or upon a prescription ar other order lawfully issued in the course of his/her professional practice; or (2) Tf the automated external defibrillator is acquired far 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. Section S-4~. Hospital Exemption. This chapter shall not apply to hospitals licensed under Chapter 241, Health and Safety Code. SECTI01~14. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas {1986), as amended, except where the provisions of this ordinance are in direct 3 Ordinance Nuznher ~~,+~fcy'~,-C`~~o~ ;Page 4 conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTIOi®15. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs acid sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for t~rvo (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 7. This ordinance shall talce effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney ~~ ~~/ By: ~G~iG~~G (/1/~i --A~ss'istant City Attorntey 1 ADOPTED:, )~LY~r\ ~ f ~ ~~ 1~ ~~- r EFFECTTVE~~I_.t~~ ~~~ 4 City ~f F®rt VV®rth, ?°e~ca~ r ~~ t~ncl ®rnrru~~ COUNCIL ACTION: Approved on 1/18/2005 -Ordinance No. 16262 ®ATE: Tuesday, January 18, 2005 LOG NAME: 12AED SUBJECT: Adopt Ordinance Amending City Code Chapter External Defibrillators", Incorporating State Law REFERENCE NO.: *~G-14652 5, by Adding art Article IV Entitled "Automated RECOMMEN©ATION: It is recommended that the City Council review and approve the attached ordinance amending Chapter 5 of the Code of the City of Fort Worth (1986), as amended, by adding an Article IV, named "Automated External Defibrillators;" requiring the registration of all automated external defbrillators with the Emergency Physicians Advisory Board. ®ISCUSSION: The City of Fort Worth has a legitimate interest in the health and safety of citizens. The number of people diagnosed with cardiovascular disease continues to grow and causes an increasing number of deaths each year. The use of an Automated External Defibrillator (AED} immediately after a cardiac arrest significantly increases the chances of survival. The Automated External Defibrillator received approval from the United States Food and Drug Administration of its pre-market notification bled under 21 U.S.C. Section 360{k}, as amended (Texas Health and Safety Code, Chapter 779, Section 779.Q01 }. The Texas Health and Safety Code, Chapter 775,. , requires all persons or entities that own or posses an AED to notify the local emergency services provider of the exis#ence, location and type of automated external defibrillator. Adoption of this ordinance will require the registration of all AED's with the Emergency Physicians Advisory Board. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that this ordinance will have na material effect on City funds. TO FendlAccoentlCenters FROM F~ndlAccountlCenters Submitted for City Nlan,age,r's Office b~ Richard Zavala (Acting) (8511) (~riainatinc~ Departure, n#..Head: David Yett {7623} Additional Information Contact: Melinda Ramos {7631} Logname: 12AED Page 1 of 1