United States 118th Congress Status: In Committee Bipartisan · 15 R · 4 D cosponsors

HR 1012 — Cardiac Arrest Survival Act of 2023

Last action — Referred to the Subcommittee on Health.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to clarify and expand liability protections for users and owners of automated external defibrillators (AEDs) in emergency situations.

  • 42 U.S.C. 238q

    Except as provided in subsection (b), any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of such device; and in addition, any person who acquired the device is immune from such liability, if the harm was not due to the failure of such acquirer of the device— → Except as provided in subsection (e), in the case of a person who-- (1) uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, and (2) is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person.

    This change specifies that individuals using AEDs in emergencies are immune from civil liability unless they are the owner-acquirer of the device.

  • 42 U.S.C. 238q

    any person who acquired the device is immune from such liability, if the harm was not due to the failure of such acquirer of the device— → Except as provided in subsection (e), in the case of a person who-- (1) owns, occupies under a lease or similar arrangement, or manages-- (A) the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency, or (B) 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 use, and (2) is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device.

    This grants immunity to property owners or managers when an AED is used in emergencies, provided they are not the owner-acquirer.

  • 42 U.S.C. 238q

    the failure of such acquirer of the device— → 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 manufacturer.

    This update sets conditions under which an owner-acquirer can be held liable, specifically focusing on maintenance of the AED.

  • 42 U.S.C. 238q

    the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed; → 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;

    This clarifies the standard for liability related to intentional or gross negligent actions.

  • 42 U.S.C. 238q

    This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. → This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location.

    This maintains the original stipulation regarding cause of action and device placement requirements.

  • 42 U.S.C. 238q

    With respect to a class of persons for which this section provides immunity from civil liability, this section supersedes the law of a State only to the extent that the State has no statute or regulations that provide persons in such class with immunity for civil liability arising from the use by such persons of automated external defibrillator devices in emergency situations (within the meaning of the State law or regulation involved). → 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 expands the preemption of state laws to offer broader immunity protections.

Action History

  1. Referred to the Subcommittee on Health.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 528 not signed on

Sponsors (1)

Co-sponsors (18)

Not signed on (528)

528 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

What does HR 1012 do?
To amend the Public Health Service Act to clarify liability protections regarding emergency use of automated external defibrillators.
Who sponsors HR 1012?
HR 1012 is sponsored by Franklin, Scott (Republican), Connolly, Gerald E. (Democratic), Feenstra, Randy (Republican), Moore, Barry (Republican), Beyer, Donald S. (Democratic), Bilirakis, Gus M. (Republican), Dunn, Neal P. (Republican), Soto, Darren (Democratic), Cammack, Kat (Republican), Arrington, Jodey C. (Republican), Calvert, Ken (Republican), Santos, George (Republican), Burgess, Michael C. (Republican), Strong, Dale W. (Republican), Van Drew, Jefferson (Republican), Cline, Ben (Republican), Wittman, Robert J. (Republican), Bucshon, Larry (Republican), and Spanberger, Abigail Davis (Democratic).
What is the current status of HR 1012?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 1012?
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Last checked for changes 3 months ago · updated continuously

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