I 
115TH CONGRESS 
2D SESSION 
H. R. 5013 
To amend the Public Health Service Act to clarify liability protections 
regarding emergency use of automated external defibrillators. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2018 
Mr. OLSON (for himself, Mr. CONNOLLY, Mr. ROE of Tennessee, Mr. BEYER, 
Ms. CHENEY, Mr. DUNN, and Mr. HARRIS) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to clarify liability 
protections regarding emergency use of automated exter-
nal defibrillators. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cardiac Arrest Sur-
vival Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Establishing a nationally uniform baseline 
of protection from civil liability for persons who use 
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automated external defibrillators (in this section re-
ferred to as ‘‘AEDs’’) in perceived medical emer-
gencies, 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 ulti-
mately save lives that would otherwise have been lost 
to cardiac arrest. 
(2) The current patchwork of State ‘‘Good Sa-
maritan’’ laws provides incomplete, inconsistent, 
and, in some instances, inadequate protection for en-
tities considering the acquisition or deployment of 
AEDs. In these circumstances, concerns about po-
tential liability resulting from the good-faith acquisi-
tion and deployment of this life-saving technology 
are inhibiting its deployment. 
(3) Such concerns are especially acute for enti-
ties with operations or facilities in multiple States, 
yet such entities are also among those in which the 
widespread deployment of AEDs would be most ben-
eficial. 
(4) A nationally uniform baseline of protection 
from civil liability is needed for persons who use 
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AEDs in perceived medical emergencies, who own or 
hold other property interests in AEDs used in per-
ceived 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 med-
ical emergency. 
SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTO-
MATED EXTERNAL DEFIBRILLATORS. 
Section 248 of the Public Health Service Act (42 
U.S.C. 238q) is amended to read as follows: 
‘‘SEC. 248. LIABILITY REGARDING EMERGENCY USE OF 
AUTOMATED EXTERNAL DEFIBRILLATORS. 
‘‘(a) GOOD SAMARITAN PROTECTIONS.—Except as 
provided in subsection (e), in the case of a person who— 
‘‘(1) uses or attempts to use an automated ex-
ternal 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. 
‘‘(b) PREMISES OWNER/LESSEE/MANAGER PROTEC-
TIONS.—Except as provided in subsection (e), in the case 
of a person who— 
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‘‘(1) owns, occupies under a lease or similar ar-
rangement, or manages— 
‘‘(A) the premises at which an automated 
external defibrillator device is used or at-
tempted to be used on a victim of a perceived 
medical emergency, or 
‘‘(B) the premises from which an auto-
mated external defibrillator device used or at-
tempted 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. 
‘‘(c) DEVICE OWNER-ACQUIRER PROTECTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (e), an owner-acquirer of an AED is immune 
from civil liability for any harm resulting from the 
use or attempted use of such 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. 
‘‘(2) OWNER-ACQUIRER
DEFINED.—For pur-
poses of this section, the term ‘owner-acquirer’ 
means any person who owns or has otherwise ac-
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quired 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 CIR-
CUMSTANCES.—The immunity provided by subsections 
(a), (b), and (c) of this section shall apply regardless of 
whether— 
‘‘(1) the AED that is used or attempted to be 
used is marked with or accompanied by cautionary 
signage; 
‘‘(2) the AED that is used or attempted to be 
used is registered with any government; 
‘‘(3) the person who used or attempted to use 
the AED saw, read, understood, complied with, or 
attempted to comply with any cautionary signage 
present; 
‘‘(4) the person who used or attempted to use 
the AED had received any training relating to the 
use of (a) AEDs in general or (b) the particular 
AED used or attempted to be used; or 
‘‘(5) the person who used or attempted to use 
the AED was assisted or supervised by any other 
person, including but not limited to a licensed physi-
cian. 
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‘‘(e) INAPPLICABILITY
OF IMMUNITY
IN CERTAIN 
CIRCUMSTANCES.—Notwithstanding anything to the con-
trary in subsection (d) of this section, immunity under 
subsection (a), (b), or (c)(1) does not apply to a person 
if— 
‘‘(1) such person’s willful or criminal mis-
conduct, gross negligence, reckless misconduct, or a 
conscious, flagrant indifference to the rights or safe-
ty of the victim proximately caused the harm in-
volved; 
‘‘(2) such person is a licensed or certified health 
professional who used the automated external defi-
brillator device while acting within the scope of the 
license or certification of the professional and within 
the scope of the employment or agency of the profes-
sional; 
‘‘(3) such person is a hospital, clinic, or other 
entity whose purpose is providing health care di-
rectly to patients, and the harm was caused by an 
employee or agent of the entity who used the device 
while acting within the scope of the employment or 
agency of the employee or agent; or 
‘‘(4) such person is an owner-acquirer of the 
device who leased the device to a health care entity 
(or who otherwise provided the device to such entity 
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for compensation without selling the device to the 
entity), and the harm was caused by an employee or 
agent of the entity who used the device while acting 
within the scope of the employment or agency of the 
employee or agent. 
‘‘(f) RULES OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—The following apply with 
respect to this section: 
‘‘(A) 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 
preempt any State law requiring that an auto-
mated external defibrillator be placed at any 
building or other location. 
‘‘(B) 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-appli-
cable State law would allow for civil liability in 
any circumstance where this section would pro-
vide immunity from civil liability. This section 
does not preempt any State law providing im-
munity from civil liability in any circumstance 
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