,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bace  ,,in ,,the ,,house ,,of  
,,representatives  ,may #bc1 #bjac ,mr4 
,olson 7for himself1 ,mr4 ,gallego1 ,mr4
 ,roe of ,tennessee1 ,mrs4 ,blackburn1  
,mr4 ,burgess1 ,mr4 ,harris1 and ,mr4   
,connolly7 introduced the following     
bill2 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 defibrillators4  #a4 
,short title ,this ,act may be cited as 
the ,cardiac ,arrest ,survival ,act of  
#bjac4  #b4 ,findings ,congress finds   
the following3  7#a7 ,establishing a    
nationally uniform baseline of          
protection from civil liability for     
persons who use automated external      
defibrillators 7in this section referred
 to as ,a,e,ds7 in perceived medical    
emergencies1 who own or hold other      
property interests in ,a,e,ds used in   
perceived medical emergencies1 or who   

own1 occupy1 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 ,a,e,ds1 which will      
ultimately save lives that would        
otherwise have been lost to cardiac     
arrest4  7#b7 ,the current patchwork of 
,state ,good ,samaritan laws provides   
incomplete1 inconsistent1 and1 in some  
instances1 inadequate protection for    
entities considering the acquisition or 
deployment of ,a,e,ds4 ,in these        
circumstances1 concerns about potential 
liability resulting from the good-faith 
acquisition and deployment of this      
life-saving technology are inhibiting   
its deployment4  7#c7 ,such concerns are
 especially acute for entities with     
operations or facilities in multiple    
,states1 yet such entities are also     
among those in which the widespread     
deployment of ,a,e,ds would be most     
beneficial4  7#d7 ,a nationally uniform 
baseline of protection from civil       

liability is needed for persons who use 
,a,e,ds in perceived medical            
emergencies1 who own or hold other      
property interests in ,a,e,ds used in   
perceived medical emergencies1 or who   
own1 occupy1 or manage premises in which
 an ,,aed is used or from which an ,,aed
 is taken for use in a perceived medical
 emergency4  #c4 ,liability regarding   
emergency use of automated external     
defibrillators ,section #bdh of the     
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bchq7 is amended to read as  
follows3  #bdh4 ,liability regarding    
emergency use of automated external     
defibrillators  7a7 ,good samaritan     
protections ,except as provided in      
subsection 7e71 in the case of a person 
who--  7#a7 uses or attempts to use an  
automated external defibrillator device 
on a victim of a perceived medical      
emergency1 and  7#b7 is not the         
owner-acquirer 7as defined in subsection
 7c77#b77 of the device1  such person is
 immune from civil liability for any    

harm resulting from the use or attempted
 use of such device by such person4  7b7
 ,premises owner_/,lessee_/,manager     
protections ,except as provided in      
subsection 7e71 in the case of a person 
who--  7#a7 owns1 occupies under a lease
 or similar arrangement1 or manages--   
7,a7 the premises at which an automated 
external defibrillator device is used or
 attempted to be used on a victim of a  
perceived medical emergency1 or  7,b7   
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 use1 and  7#b7 is not the         
owner-acquirer of such device1  such    
person is immune from civil liability   
for any harm resulting from such use or 
attempted use of such device4  7c7      
,device owner-,acquirer protections     
7#a7 ,in general ,except as provided in 
subsection 7e71 an owner-acquirer of an 
,,aed is immune from civil liability for
 any harm resulting from the use or     

attempted use of such device1 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         
manufacturer4  7#b7 ,owner-acquirer     
defined ,for purposes of this section1  
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        
emergency4  7d7 ,applicability of       
immunity in certain circumstances ,the  
immunity provided by subsections 7a71   
7b71 and 7c7 of this section shall apply
 regardless of whether--  7#a7 the ,,aed
 that is used or attempted to be used is
 marked with or accompanied by          
cautionary signage2  7#b7 the ,,aed that
 is used or attempted to be used is     
registered with any government2  7#c7   
the person who used or attempted to use 
the ,,aed saw1 read1 understood1        
complied with1 or attempted to comply   

with any cautionary signage present2    
7#d7 the person who used or attempted to
 use the ,,aed had received any training
 relating to the use of 7a7 ,a,e,ds in  
general or 7b7 the particular ,,aed used
 or attempted to be used2 or  7#e7 the  
person who used or attempted to use the 
,,aed was assisted or supervised by any 
other person1 including but not limited 
to a licensed physician4  7e7           
,inapplicability of immunity in certain 
circumstances ,notwithstanding anything 
to the contrary in subsection 7d7 of    
this section1 immunity under subsection 
7a71 7b71 or 7c77#a7 does not apply to a
 person if--  7#a7 such person's willful
 or criminal misconduct1 gross          
negligence1 reckless misconduct1 or a   
conscious1 flagrant indifference to the 
rights or safety of the victim          
proximately caused the harm involved2   
7#b7 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            
professional2  7#c7 such person is a    
hospital1 clinic1 or other entity whose 
purpose is providing health care        
directly to patients1 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 agent2 or     
7#d7 such person is an owner-acquirer of
 the device who leased the device to a  
health care entity 7or who otherwise    
provided the device to such entity for  
compensation without selling the device 
to the entity71 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 agent4  7f7 ,rules of  
construction  7#a7 ,in general ,the     
following apply with respect to this    
section3  7,a7 ,this section does not   
establish any cause of action1 or       

require that an automated external      
defibrillator device be placed at any   
building or other location4  7,b7 ,with 
respect to the class of persons for     
which this section provides immunity    
from civil liability1 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 liability4  7,c7 ,this section    
does not waive any protection from      
liability for ,federal officers or      
employees under--  7i7 section #bcc of  
this title2 or  7ii7 sections #acdf7;b71
 #bfgb1 and #bfgi of title #bh1 ,united 
,states ,code1 or under alternative     
benefits provided by the ,united ,states
 where the availability of such benefits
 precludes a remedy under section       
#acdf7;b7 of such title #bh4  7#b7      
,civil actions under federal law  7,a7  
,in general ,the applicability of       
subsections 7a71 7b71 7c71 7d71 and 7e7 

includes applicability to any action for
 civil liability described in subsection
 7a71 7b71 or 7c7 that arises under     
,federal law4  7,b7 ,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 ,state1 and if1 
pursuant to ,federal law1 the law of the
 ,state applies in such area regarding  
matters for which there is no applicable
 ,federal law1 then an action for civil 
liability described in subsection 7a71  
7b71 or 7c7 that in such area arises    
under the law of the ,state is subject  
to subsections 7a7 through 7f7 in lieu  
of any related ,state law that would    
apply in such area in the absence of    
this subparagraph4  7g7 ,federal        
jurisdiction  7#a7 ,in any civil action 
arising under ,state law1 the courts of 
the ,state involved have jurisdiction to
 apply the provisions of this section4  
7#b7 ,the actual1 asserted1 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 #acca of title #bh1 ,united     
,states ,code4  7h7 ,definitions  7#a7  
,perceived medical emergency ,for       
purposes of this section1 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
 individual4  7#b7 ,other definitions   
,for purposes of this section3  7,a7    
,the term automated external            
defibrillator device or ,,aed means a   
defibrillator device that--  7i7 is     
commercially distributed in accordance  
with the ,federal ,food1 ,drug1 and     
,cosmetic ,act2  7ii7 is capable of     
recognizing the presence or absence of  

ventricular fibrillation1 and is capable
 of determining without intervention by 
the user of the device whether          
defibrillation should be performed2     
7iii7 upon determining that             
defibrillation should be performed1 is  
able to deliver an electrical shock to  
an individual2 and  7iv7 in the case of 
a defibrillator device that may be      
operated in either an automated or a    
manual mode1 is set to operate in the   
automated mode4  7,b7 ,the term         
cautionary signage means1 with respect  
to an ,,aed1 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     
skills1 qualifications1 or training4    
7,c7 7i7 ,the term harm includes        
physical1 nonphysical1 economic1 and    
noneconomic losses4  7ii7 ,the term     
economic loss means any pecuniary loss  
resulting from harm 7including the loss 
of earnings or other benefits related to

 employment1 medical expense loss1      
replacement services loss1 loss due to  
death1 burial costs1 and loss of        
business or employment opportunities7 to
 the extent recovery for such loss is   
allowed under applicable ,state law4    
7iii7 ,the term noneconomic losses means
 losses for physical and emotional pain1
 suffering1 inconvenience1 physical     
impairment1 mental anguish1             
disfigurement1 loss of enjoyment of     
life1 loss of society and companionship1
 loss of consortium 7other than loss of 
domestic service71 hedonic damages1     
injury to reputation and all other      
nonpecuniary losses of any kind or      
nature4  4