II

105TH CONGRESS

2D SESSION S. 1584

To direct the Administrator of the Federal Aviation Administration to reevaluate the equipment in medical kits carried on, and to make a decision

regarding requiring automatic external defibrillators to be carried on,

aircraft operated by air carriers, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 29, 1998

Mr. FRIST (for himself and Mr. DORGAN) introduced the following bill; which

was read twice and referred to the Committee on Commerce, Science, and

Transportation

A BILL

To direct the Administrator of the Federal Aviation Administration to reevaluate the equipment in medical kits carried on, and to make a decision regarding requiring

automatic external defibrillators to be carried on, aircraft

operated by air carriers, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Aviation Medical As5 sistance Act of 1998’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal

3 Aviation Administration.

4 (2) AIR CARRIER.—The term ‘‘air carrier’’ has

5 the meaning given that term in section 40102(a)(2)

6 of title 49, United States Code.

7 (3) AIRCRAFT.—The term ‘‘aircraft’’ has the

8 meaning given that term in section 40102(a)(6) of

9 title 49, United States Code.

10 (4) AIRPORT.—The term ‘‘airport’’ has the

11 meaning given that term in section 40102(a)(9) of

12 title 49, United States Code.

13 (5) FOREIGN AIR TRANSPORTATION.—The term

14 ‘‘foreign air transportation’’ has the meaning given

15 that term in section 40102(a)(23) of title 49, United

16 States Code.

17 (6) INTERSTATE AIR TRANSPORTATION.—The

18 term ‘‘interstate air transportation’’ has the mean19 ing given that term in section 40102(a)(25) of title

20 49, United States Code.

21 (7) MAJOR AIR CARRIER.—The term ‘‘major air

22 carrier’’ means an air carrier that—

23 (A) has been issued an applicable certifi24 cate as an air carrier under section 41102 of

25 title 49, United States Code; and
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1 (B) during the 12-month period ending

2 March 31 of the most recent year preceding the

3 date of enactment of this Act, accounted for at

4 least 1 percent of domestic-scheduled passenger

5 revenues, as reported to the Department of

6 Transportation pursuant to part 241 of title 14,

7 Code of Federal Regulations.

8 (8) MEDICALLY QUALIFIED INDIVIDUAL.—The

9 term ‘‘medically qualified individual’’ includes any

10 individual who is licensed, certified, or otherwise

11 qualified to provide medical care in a State, includ12 ing an ambulance attendant.

13 SEC. 3. MEDICAL KIT EQUIPMENT AND TRAINING.

14 (a) IN GENERAL.—Not later than 1 year after the

15 date of enactment of this Act, the Administrator shall re16 view and reevaluate regulations of the Federal Aviation

17 Administration regarding—

18 (1) the equipment required to be carried in

19 medical kits of aircraft operated by air carriers; and

20 (2) the training required of flight attendants in

21 the use of the equipment.

22 (b) REGULATIONS.—If, on the basis of a review con23 ducted under subsection (a), the Administrator determines

24 that it is necessary to issue revised regulations, the Ad-
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1 ministrator shall issue a notice of proposed rulemaking to

2 issue those revised regulations.

3 SEC. 4. REPORTS REGARDING DEATHS ON AIRCRAFT.

4 During the 1-year period beginning on the 90th day

5 following the date of enactment of this Act, a major air

6 carrier shall make a good faith effort to obtain, and shall

7 submit, on a monthly basis, a report to the Administrator

8 that provides information concerning—

9 (1) the number of individuals who died on air10 craft of the air carrier, including any individual who

11 was declared dead after being removed from such an

12 aircraft as a result of a medical incident that oc13 curred on that aircraft;

14 (2) the age of each individual described in para15 graph (1);

16 (3)(A) with respect to each individual described

17 in paragraph (1), whether the primary cause of

18 death was a cardiac arrest; and

19 (B) if the primary cause of death of an individ20 ual described in paragraph (1) was a cardiac arrest,

21 whether the cardiac arrest was the result of ven22 tricular fibrillation;

23 (4) with respect to each death or medical inci24 dent that occurred on an aircraft referred to in
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1 paragraph (1), whether the aircraft was diverted as

2 a result of the death or incident; and

3 (5) such other information as the Administrator

4 may request as necessary to aid in a decision con5 cerning whether to require automatic external

6 defibrillators—

7 (A) in airports;

8 (B) on aircraft operated by air carriers; or

9 (C) in airports and on aircraft described in

10 subparagraph (B).

11 SEC. 5. DECISION ON AUTOMATIC EXTERNAL

12 DEFIBRILLATORS.

13 (a) IN GENERAL.—Not later than 120 days after the

14 last day of the 1-year period described in section 4, the

15 Administrator shall make a decision concerning whether

16 automatic external defibrillators should be required—

17 (1) in airports;

18 (2) on aircraft operated by air carriers; or

19 (3) in airports and on aircraft described in

20 paragraph (2).

21 (b) FORM OF DECISION.—

22 (1) IN GENERAL.—If the Administrator decides

23 under subsection (a) that automatic external

24 defibrillators should be required in airports or air-
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1 craft described in that subsection, the Administrator

2 shall, with respect to each such requirement—

3 (A) issue proposed regulations to imple4 ment the requirement; or

5 (B) submit to Congress proposed legisla6 tion to implement the requirement.

7 (2) NOTICE.—If the Administrator decides

8 under subsection (a) that automatic external

9 defibrillators should not be required in airports or

10 on aircraft described in that subsection, the Admin11 istrator shall publish in the Federal Register a no12 tice of that decision.

13 (c) CONTENTS.—If the Administrator decides that

14 automatic external defibrillators should be required—

15 (1) on aircraft operated by air carriers, a pro16 posed regulation described in subsection (b)(1)(A) or

17 recommendation for proposed legislation described in

18 subsection (b)(1)(B) shall include information with

19 respect to—

20 (A) the size of the aircraft on which those

21 defibrillators should be required;

22 (B) the class flights (whether interstate or

23 foreign air transportation, or both) on which

24 those defibrillators should be required;
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1 (C) the training that should be required

2 for air carrier personnel in the use of those

3 defibrillators; and

4 (D) the associated equipment and medica5 tion that should be required to be carried in

6 each aircraft medical kit; and

7 (2) at airports, a proposed regulation described

8 in subsection (b)(1)(A) or recommendation for pro9 posed legislation described in subsection (b)(1)(B)

10 shall include information with respect to—

11 (A) the size of the airport at which those

12 defibrillators should be required;

13 (B) the training that should be required

14 for airport personnel in the use of those

15 defibrillators; and

16 (C) the associated equipment and medica17 tion that should be required at each airport.

18 (d) LIMITATION.—The Administrator may not re19 quire automatic external defibrillators on helicopters and

20 on aircraft with a maximum payload capacity (as defined

21 in section 119.3 of title 14, Code of Federal Regulations)

22 of 7,500 pounds or less.

23 SEC. 6. LIABILITY OF INDIVIDUALS.

24 (a) IN GENERAL.—Except as provided in subsection

25 (b), an individual shall not be liable for damages in any
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1 action brought in a Federal or State court arising from

2 an act or omission of the individual in providing or at3 tempting to provide assistance in the case of an in-flight

4 medical emergency.

5 (b) EXCEPTION.—The exemption under subsection

6 (a) shall not apply in any case in which an individual pro7 vides, or attempts to provide the assistance referred to in

8 that paragraph in a manner that constitutes gross neg9 ligence or willful misconduct.

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