‘‘(2) Any physician who provided medical over-
sight regarding the device is immune from such li-
ability.
‘‘(3) The person who acquired the device (in
this paragraph referred to as the ‘acquirer’) is im-
mune from such liability if the following conditions
are met:
‘‘(A) The condition that the acquirer noti-
fied local emergency response personnel of the
most recent placement of the device within a
reasonable period of time after the device was
placed.
‘‘(B) The condition that, as of the date on
which the emergency occurred, the device had
been maintained and tested in accordance with
the guidelines established for the device by the
manufacturer of the device.
‘‘(C) In any case in which the person who
provided the emergency medical care through
the use of the device was an employee or agent
of the acquirer, and the employee or agent was
within the class of persons the acquirer ex-
pected would use the device in the event of a
relevant emergency, the condition that the em-
ployee or agent received reasonable instruction
in the use of such devices through a course ap-
proved by the Secretary or by the chief public
health officer of any of the States.
‘‘(c) INAPPLICABILITY
OF
IMMUNITY.—Immunity
under subsections (a) and (b) does not apply to a person
if the person engaged in gross negligence or willful or wan-
ton misconduct in the circumstances described in such
subsections that apply to the person with respect to auto-
mated external defibrillators.
‘‘(d) RULES OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—The following applies with
respect to this section:
‘‘(A) This section does not supersede the
law of any State that (before, on, or after the
date of the enactment of the Cardiac Arrest
Survival Act of 1999) provides through statute
or regulations any degree of immunity for any
class of persons for civil liability for personal in-
jury or wrongful death arising from the provi-
sion of emergency medical care through the use
of an automated external defibrillator.
‘‘(B) This section does not waive any pro-
tection from liability for Federal officers or em-
ployees under—
‘‘(i) section 224; or
‘‘(ii) sections 1346(b) and 2672 of
title 28, United States Code, or under al-
ternative benefits provided by the United
States where the availability of such bene-
fits precludes a remedy under section
1346(b) of title 28.
‘‘(C) This section does not require that an
automated external defibrillator be placed at
any building or other location.
‘‘(2) CIVIL ACTIONS UNDER FEDERAL LAW.—
‘‘(A) IN
GENERAL.—The applicability of
subsections (a) through (c) includes applica-
bility to any action for civil liability described in
subsection (a) that arises under Federal law.
‘‘(B) FEDERAL
AREAS
ADOPTING
STATE
LAW.—If a geographic area is under Federal
jurisdiction and is located within a State but
out of the jurisdiction of the State, and if, pur-
suant to Federal law, the law of the State ap-
plies in such area regarding matters for which
there is no applicable Federal law, then an ac-
tion for civil liability described in subsection (a)
that in such area arises under the law of the
State is subject to subsections (a) through (c)
in lieu of any related State law that would
apply in such area in the absence of this sub-
paragraph.’’.
Æ