H.R. 1466

119th CONGRESS 1st Session

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 · Sponsor: Mr. Scott Franklin of Florida · Committee: Committee on Energy and Commerce

Table of contents

• H.R. 1466
  • SEC. 1. Short title
  • SEC. 2. Findings
  • SEC. 3. Liability regarding emergency use of automated external defibrillators

SEC. 1. Short title

• This Act may be cited as the Cardiac Arrest Survival Act of 2025.

SEC. 2. Findings

• 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 ) 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 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. Good Samaritan
  • 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.

SEC. 3. Liability regarding emergency use of automated external defibrillators

• Section 248 of the Public Health Service Act () is amended to read as follows: 42 U.S.C. 238q
  • (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—
        • 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.
  • (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—
        • 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
        • 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—
      • 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;