“To amend the Public Health Service Act to clarify liability protections regarding emergency use of automated external defibrillators.”
No CRS summary available for this bill.
This section establishes the short title of the Act as the “Cardiac Arrest Survival Act of 2025.”
This section states that a nationally uniform baseline of civil liability protection for persons who use automated external defibrillators (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 would encourage the deployment of additional AEDs and save lives from cardiac arrest. It also finds that existing State “Good Samaritan” laws provide incomplete, inconsistent, and sometimes inadequate protection, which discourages the good-faith acquisition and deployment of AEDs, especially for entities operating in multiple States.
This section revises the Public Health Service Act to establish federal Good Samaritan liability protections for the emergency use of automated external defibrillators (AEDs). It provides immunity from civil liability for: (1) a person who uses or attempts to use an AED on a victim of a perceived medical emergency and is not the AED owner-acquirer; (2) a premises owner, lessee, or manager where the AED is used or taken from and who is not the owner-acquirer; and (3) an AED owner-acquirer, unless the harm was proximately caused by the owner-acquirer’s failure to maintain the AED according to the manufacturer’s guidelines. This section applies the immunity regardless of whether the AED is marked with cautionary signage, registered with a government, used by a person who saw or complied with signage, used by a person with or without AED training, or used with assistance or supervision from another person, including a licensed physician. It withholds immunity, however, if the harm was proximately caused by willful or criminal misconduct, gross negligence, reckless misconduct, or conscious, flagrant indifference to the victim’s rights or safety, or if the user is: (1) a licensed or certified health professional acting within the scope of the professional’s license or certification and employment or agency; (2) a hospital, clinic, or other entity that provides health care directly to patients, when the harm is caused by its employee or agent acting within the scope of employment or agency; or (3) an owner-acquirer that leased or otherwise provided the AED to a health care entity for compensation, when the harm is caused by the entity’s employee or agent acting within the scope of employment or agency. This section also provides that the liability protections do not create a cause of action or require AED placement at any location, and it preempts contrary State law to the extent State law would allow liability where this section provides immunity. It preserves existing protections for Federal officers and employees under 42 U.S.C. § 233 and 28 U.S.C. §§ 1346(b), 2672, and 2679. It further applies the immunity to civil actions arising under Federal law and to certain Federal enclaves where State law applies by incorporation. It also provides that State courts have jurisdiction to apply these provisions in civil actions arising under State law.