Cardiac Arrest Survival Act of 2023
This bill expands immunity from civil liability related to emergency use of automated external defibrillator devices (AEDs).
In particular, the bill specifies that immunity applies regardless of whether the person who used the AED complied with signage, received training, or was assisted or supervised by another person, such as a licensed physician. Additionally, the bill limits the liability of the person who owns or acquires an AED for harm resulting from its use unless that person fails to appropriately maintain the AED.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1012 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1012
To amend the Public Health Service Act to clarify liability protections
regarding emergency use of automated external defibrillators.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2023
Mr. C. Scott Franklin of Florida (for himself, Mr. Connolly, Mr.
Feenstra, Mr. Moore of Alabama, Mr. Beyer, Mr. Bilirakis, Mr. Dunn of
Florida, Mr. Soto, Mrs. Cammack, Mr. Arrington, Mr. Calvert, and Mr.
Santos) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to clarify liability protections
regarding emergency use of automated external defibrillators.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiac Arrest Survival Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Establishing a nationally uniform baseline of
protection from civil liability for persons who use automated
external defibrillators (in this section referred to as
``AEDs'') in perceived medical emergencies, who own or hold
other property interests in AEDs used in perceived medical
emergencies, or who own, occupy, or manage premises in which an
AED is used or from which an AED is taken for use in a
perceived medical emergency will encourage the deployment of
additional AEDs, which will ultimately save lives that would
otherwise have been lost to cardiac arrest.
(2) The current patchwork of State ``Good Samaritan'' laws
provides incomplete, inconsistent, and, in some instances,
inadequate protection for entities considering the acquisition
or deployment of AEDs. In these circumstances, concerns about
potential liability resulting from the good-faith acquisition
and deployment of this life-saving technology are inhibiting
its deployment.
(3) Such concerns are especially acute for entities with
operations or facilities in multiple States, yet such entities
are also among those in which the widespread deployment of AEDs
would be most beneficial.
(4) A nationally uniform baseline of protection from civil
liability is needed for persons who use AEDs in perceived
medical emergencies, who own or hold other property interests
in AEDs used in perceived medical emergencies, or who own,
occupy, or manage premises in which an AED is used or from
which an AED is taken for use in a perceived medical emergency.
SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL
DEFIBRILLATORS.
Section 248 of the Public Health Service Act (42 U.S.C. 238q) is
amended to read as follows:
``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL
DEFIBRILLATORS.
``(a) Good Samaritan Protections.--Except as provided in subsection
(e), in the case of a person who--
``(1) uses or attempts to use an automated external
defibrillator device on a victim of a perceived medical
emergency, and
``(2) is not the owner-acquirer (as defined in subsection
(c)(2)) of the device,
such person is immune from civil liability for any harm resulting from
the use or attempted use of such device by such person.
``(b) Premises Owner/Lessee/Manager Protections.--Except as
provided in subsection (e), in the case of a person who--
``(1) owns, occupies under a lease or similar arrangement,
or manages--
``(A) the premises at which an automated external
defibrillator device is used or attempted to be used on
a victim of a perceived medical emergency, or
``(B) the premises from which an automated external
defibrillator device used or attempted to be used on a
victim of a perceived medical emergency is taken for
such use, and
``(2) is not the owner-acquirer of such device,
such person is immune from civil liability for any harm resulting from
such use or attempted use of such device.
``(c) Device Owner-Acquirer Protections.--
``(1) In general.--Except as provided in subsection (e), an
owner-acquirer of an AED is immune from civil liability for any
harm resulting from the use or attempted use of such device,
unless the harm was proximately caused by the failure of the
owner-acquirer to properly maintain the device according to the
guidelines of the device manufacturer.
``(2) Owner-acquirer defined.--For purposes of this
section, the term `owner-acquirer' means any person who owns or
has otherwise acquired a possessory property interest in an AED
that is used or attempted to be used on a victim of a perceived
medical emergency.
``(d) Applicability of Immunity in Certain Circumstances.--The
immunity provided by subsections (a), (b), and (c) of this section
shall apply regardless of whether--
``(1) the AED that is used or attempted to be used is
marked with or accompanied by cautionary signage;
``(2) the AED that is used or attempted to be used is
registered with any government;
``(3) the person who used or attempted to use the AED saw,
read, understood, complied with, or attempted to comply with
any cautionary signage present;
``(4) the person who used or attempted to use the AED had
received any training relating to the use of (a) AEDs in
general or (b) the particular AED used or attempted to be used;
or
``(5) the person who used or attempted to use the AED was
assisted or supervised by any other person, including but not
limited to a licensed physician.
``(e) Inapplicability of Immunity in Certain Circumstances.--
Notwithstanding anything to the contrary in subsection (d) of this
section, immunity under subsection (a), (b), or (c)(1) does not apply
to a person if--
``(1) such person's willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the victim proximately
caused the harm involved;
``(2) such person is a licensed or certified health
professional who used the automated external defibrillator
device while acting within the scope of the license or
certification of the professional and within the scope of the
employment or agency of the professional;
``(3) such person is a hospital, clinic, or other entity
whose purpose is providing health care directly to patients,
and the harm was caused by an employee or agent of the entity
who used the device while acting within the scope of the
employment or agency of the employee or agent; or
``(4) such person is an owner-acquirer of the device who
leased the device to a health care entity (or who otherwise
provided the device to such entity for compensation without
selling the device to the entity), and the harm was caused by
an employee or agent of the entity who used the device while
acting within the scope of the employment or agency of the
employee or agent.
``(f) Rules of Construction.--
``(1) In general.--The following apply with respect to this
section:
``(A) This section does not establish any cause of
action, or require that an automated external
defibrillator device be placed at any building or other
location.
``(B) With respect to the class of persons for
which this section provides immunity from civil
liability, this section preempts the law of any State
to the extent that the otherwise-applicable State law
would allow for civil liability in any circumstance
where this section would provide immunity from civil
liability.
``(C) This section does not waive any protection
from liability for Federal officers or employees
under--
``(i) section 233 of this title; or
``(ii) sections 1346(b), 2672, and 2679 of
title 28, United States Code, or under
alternative benefits provided by the United
States where the availability of such benefits
precludes a remedy under section 1346(b) of
such title 28.
``(2) Civil actions under federal law.--
``(A) In general.--The applicability of subsections
(a), (b), (c), (d), and (e) includes applicability to
any action for civil liability described in subsection
(a), (b), or (c) that arises under Federal law.
``(B) Federal areas adopting state law.--If a
geographic area is under Federal jurisdiction and is
located within a State but out of the jurisdiction of
the State, and if, pursuant to Federal law, the law of
the State applies in such area regarding matters for
which there is no applicable Federal law, then an
action for civil liability described in subsection (a),
(b), or (c) that in such area arises under the law of
the State is subject to subsections (a) through (f) in
lieu of any related State law that would apply in such
area in the absence of this subparagraph.
``(g) Federal Jurisdiction.--
``(1) In any civil action arising under State law, the
courts of the State involved have jurisdiction to apply the
provisions of this section.
``(2) The actual, asserted, or potential application of any
provision of this section in any civil action or as to any
civil claim shall not establish the original jurisdiction of
the Federal courts over such action or claim under section 1331
of title 28, United States Code.
``(h) Definitions.--
``(1) Perceived medical emergency.--For purposes of this
section, the term `perceived medical emergency' means
circumstances in which the behavior of an individual leads a
reasonable person to believe that the individual is
experiencing a life-threatening medical condition that requires
an immediate medical response regarding the heart or other
cardiopulmonary functioning of the individual.
``(2) Other definitions.--For purposes of this section:
``(A) The term `automated external defibrillator
device' or `AED' means a defibrillator device that--
``(i) is commercially distributed in
accordance with the Federal Food, Drug, and
Cosmetic Act;
``(ii) is capable of recognizing the
presence or absence of ventricular
fibrillation, and is capable of determining
without intervention by the user of the device
whether defibrillation should be performed;
``(iii) upon determining that
defibrillation should be performed, is able to
deliver an electrical shock to an individual;
and
``(iv) in the case of a defibrillator
device that may be operated in either an
automated or a manual mode, is set to operate
in the automated mode.
``(B) The term `cautionary signage' means, with
respect to an AED, any verbal or non-verbal markings or
language purporting to limit use of the AED by members
of the general public or to permit use of the AED only
by persons with specific skills, qualifications, or
training.
``(C)(i) The term `harm' includes physical,
nonphysical, economic, and noneconomic losses.
``(ii) The term `economic loss' means any pecuniary
loss resulting from harm (including the loss of
earnings or other benefits related to employment,
medical expense loss, replacement services loss, loss
due to death, burial costs, and loss of business or
employment opportunities) to the extent recovery for
such loss is allowed under applicable State law.
``(iii) The term `noneconomic losses' means losses
for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of
society and companionship, loss of consortium (other
than loss of domestic service), hedonic damages, injury
to reputation and all other nonpecuniary losses of any
kind or nature.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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