119-hr1466

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1466 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1466

To amend the Public Health Service Act to clarify liability protections 
 regarding emergency use of automated external defibrillators.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 21, 2025

 Mr. Scott Franklin of Florida (for himself, Mr. Connolly, Mr. 
 Bilirakis, Mr. Soto, Mrs. Cammack, Mr. Calvert, Mr. Van Drew, Mr. 
Cline, and Mr. Beyer) 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 
2025''.

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.--
 ``

    (1) In general.--Except as provided in subsection

    (e) , a 
 person described in paragraph

    (2) is immune from civil 
 liability for any harm resulting from the use or attempted use 
 of an automated external defibrillator device (in this section 
 referred to as an `AED').
 ``

    (2) Good samaritan described.--A person described in this 
 paragraph is a person who--
 ``
        (A) uses or attempts to use an AED on a victim of 
 a perceived medical emergency, and
 ``
        (B) is not the owner-acquirer (as defined in 
 subsection
            (c) (2) ) of the AED.
 ``

    (b) Premises Owner/Lessee/Manager Protections.--
 ``

    (1) In general.--Except as provided in subsection

    (e) , a 
 person described in paragraph

    (2) is immune from civil 
 liability for any harm resulting from such use or attempted use 
 of an AED.
 ``

    (2) Premises owner/lessee/manager described.--A person 
 described in this paragraph is a person who--
 ``
        (A) owns, occupies under a lease or similar 
 arrangement, or manages--
 ``
            (i) the premises at which an AED is used 
 or attempted to be used on a victim of a 
 perceived medical emergency, or
 ``
            (ii) the premises from which an AED used 
 or attempted to be used on a victim of a 
 perceived medical emergency is taken for such 
 use, and
 ``
        (B) is not the owner-acquirer of such AED.
 ``
            (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 AED, 
 unless the harm was proximately caused by the failure of the 
 owner-acquirer to properly maintain the AED according to the 
 guidelines of the manufacturer of the AED.
 ``

    (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 a 
 licensed physician.
 ``

    (e) Inapplicability of Immunity in Certain Circumstances.--
Notwithstanding subsection
            (d) , 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 AED 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 AED 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 AED who 
 leased the AED to a health care entity (or who otherwise 
 provided the AED to such entity for compensation without 
 selling the AED to the entity), and the harm was caused by an 
 employee or agent of the entity who used the AED 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 AED 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.''.
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