HR 1466
Cardiac Arrest Survival Act of 2025
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Bill overview
The Cardiac Arrest Survival Act of 2025 aims to encourage the placement of automated external defibrillators (AEDs) by clarifying liability protections for individuals who use them in emergency situations. It amends the Public Health Service Act to shield people from civil lawsuits when using AEDs, even if they aren't the owner, and extends this protection to property owners and managers. The bill establishes a national standard for these protections, addressing inconsistencies in state laws and promoting AED availability to save lives.
Key provisions
- Provides immunity from civil liability for individuals using AEDs in perceived medical emergencies.
- Extends immunity to property owners, lessees, and managers who make AEDs available.
- Defines ‘owner-acquirer’ as someone who owns or has a possessory interest in an AED.
- Clarifies that immunity applies regardless of signage, registration, or training received.
- Specifies circumstances where immunity does not apply, including willful misconduct or criminal negligence.
- Defines ‘perceived medical emergency’ to include situations where a reasonable person believes a life-threatening medical condition exists.
- Establishes a national standard for AED liability protection, preempting inconsistent state laws.
- Includes provisions regarding federal jurisdiction and the application of state law in federal areas.
Who is affected
- Individuals who use AEDs in emergencies
- AED owners
- Property owners and managers
- Healthcare facilities
Sponsors
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Primary sponsor
Cosponsors
Donald S. Beyer
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119th CONGRESS — 1st Session
H. R. 1466
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Public Health Service Act to clarify liability protections regarding emergency use of automated external defibrillators.
This Act may be cited as the Cardiac Arrest Survival Act of 2025
.
Congress finds the following:
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.
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.
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.
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.
Section 248 of the Public Health Service Act (42 U.S.C. 238q) is amended to read as follows:
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
).
A person described in this paragraph is a person who—
uses or attempts to use an AED on a victim of a perceived medical emergency, and
is not the owner-acquirer (as defined in subsection (c)(2)) of the AED.
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.
A person described in this paragraph is a person who—
owns, occupies under a lease or similar arrangement, or manages—
the premises at which an AED is used or attempted to be used on a victim of a perceived medical emergency, or
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
is not the owner-acquirer of such AED.
The immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether—
the AED that is used or attempted to be used is marked with, or accompanied by, cautionary signage;
the AED that is used or attempted to be used is registered with any government;
the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present;
the person who used or attempted to use the AED had received any training relating to the use of—
AEDs in general; or
the particular AED used or attempted to be used; or
the person who used or attempted to use the AED was assisted or supervised by any other person, including a licensed physician.
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;
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
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.
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.
This section does not waive any protection from liability for Federal officers or employees under—
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.
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.
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;
upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and
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.