Aviation Medical Assistance Act of 1998
PL 105-170 (H.R.2843), enacted 04/24/1998

PUBLIC LAW 105-170—APR. 24, 1998 
112 STAT. 47 
Public Law 105-170 
105th Congress 
An Act 
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 piirposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Aviation Medical Assistance 
Act of 1998". 
SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING. 
Not later than 1 year after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
reevaluate regulations regarding: (1) the equipment required to 
be carried in medical kits of aircraft operated by air carriers; 
and (2) the training required of flight attendants in the use of 
such equipment, and, if the Administrator determines that such 
regulations should be modified as a result of such reevaluation, 
shall issue a notice of proposed rulemaking to modify such regula-
tions. 
SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT. 
(a) IN GENERAL.—During the 1-year period beginning on the 
90th day following the date of the enactment of this Act, a major 
air carrier shall make a good faith effort to obtain, and shall 
submit quarterly reports to the Administrator of the Federal 
Aviation Administration on, the following: 
(1) The number of persons who died on aircraft of the 
air carrier, including any person who was declared dead after 
being removed from such an aircraft as a result of a medical 
incident that occurred on such aircraft. 
(2) The age of each such person. 
(3) Any information concerning cause of death that is avail-
able at the time such person died on the aircraft or is removed 
from the aircraft or that subsequently becomes known to the 
air carrier. 
(4) Whether or not the aircraft was diverted as a result 
of the death or incident. 
(5) Such other information as the Administrator may 
request as necessary to aid in a decision as to whether or 
not to require automatic external defibrillators in airports or 
on aircraft operated by air carriers, or both. 
Apr. 24, 1998 
[H.R. 2843] 
Aviation Medical 
Assistance Act of 
1998 
49 use 44701 
note. 
Regulations. 
49 use 44701 
note. 
49 use 44701 
note. 
112 STAT. 48 
PUBLIC LAW 105-170—APR. 24, 1998 
Regulations. 
49 use 44701 
note. 
49 use 44701 
note. 
(b) FORMAT.—^The Administrator may specify a format for 
reports to be submitted under this section. 
SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS. 
(a) IN GENERAL.—^Not later than 120 days after the last day 
of the 1-year period described in section 3, the Administrator of 
the Federal Aviation Administration shall make a decision on 
whether or not to require automatic external defibrillators on pas-
senger aircraft operated by air carriers and whether or not to 
require automatic external defibrillators at airports. 
(b) FORM OF DECISION.—^A decision under this section shall 
be in the form of a notice of proposed rulemaking requiring auto-
matic external defibrillators in airports or on passenger aircraft 
operated by air carriers, or both, or a recommendation to Congress 
for legislation requiring such defibrillators or a notice in the Federal 
Register that such defibrillators should not be required in airports 
or on such aircraft. If a decision under this section is in the 
form of a notice of proposed rulemaking, the Administrator shall 
make a final decision not later than the 120th day following the 
date on which comments are due on the notice of proposed rule-
making. 
(c) CONTENTS.—If the Administrator decides that automatic 
external defibrillators should be required— 
(1) on passenger aircraft operated by air carriers, the 
proposed rulemaking or recommendation shall include— 
(A) the size of the aircraft on which such defibrillators 
should be required; 
(B) the class flights (whether interstate, overseas, or 
foreign air transportation or any combination thereof) on 
which such defibrillators should be required; 
(C) the training that should be required for air carrier 
personnel in the use of such defibrillators; and 
(D) the associated equipment and medication that 
should be required to be carried in the aircraft medical 
kit; and 
(2) at airports, the proposed rulemaking or recommendation 
shall include— 
(A) the size of the airport at which such defibrillators 
should be required; 
(B) the training that should be required for airport 
personnel in the use of such defibrillators; and 
(C) the associated equipment and medication that 
should be required at the airport. 
(d) LIMITATION.—^The Administrator may not require automatic 
external defibrillators on helicopters and on aircraft with a maxi-
mum payload capacity (as defined in section 119.3 of title 14, 
Code of Federal Regulations) of 7,500 pounds or less. 
(e) SPECIAL RULE.—If the Administrator decides that automatic 
external defibrillators should be required at airports, the proposed 
rulemaking or recommendation shall provide that the airports are 
responsible for providing the defibrillators. 
SEC. 5. LIMITATIONS ON LIABILITY. 
(a) LIABILITY OF AIR CARRIERS.^AQ air carrier shall not be 
liable for damages in any action brought in a Federal or State 
court arising out of the performance of the air carrier in obtaining 
or attempting to obtain the assistance of a passenger in an in-
flight medicsd emergency, or out of the acts or omissions of the 
PUBLIC LAW 105-170—APR. 24, 1998 
112 STAT. 49 
passenger rendering the assistance, if the passenger is not an 
employee or agent of the carrier and the carrier in good faith 
believes that the passenger is a medically qualified individual, 
(b) LIABILITY OF INDIVIDUALS.—An individual shall not be liable 
for damages in any action brought in a Federal or State court 
arising out of the acts or omissions of the individual in providing 
or attempting to provide assistance in the case of an in-flight 
medical emergency unless the individual, while rendering such 
assistance, is guilty of gross negligence or willful misconduct. 
SEC. 6. DEFINITIONS. 
49 USC 44701 
In this Act— 
(1) the terms "air carrier", "aircraft", "airport", "interstate 
air transportation", "overseas air transportation", and "foreign 
air transportation" have the meanings such terms have under 
section 40102 of title 49, United States Code; 
(2) the term "major air carrier" means an air carrier certifi-
cated under section 41102 of title 49, United States Code, 
that accounted for at least 1 percent of domestic scheduled-
passenger revenues in the 12 months ending March 31 of 
the most recent year preceding the date of the enactment 
of this Act, as reported to the Department of Transportation 
pursuant to part 241 of title 14 of the Code of Federal Regula-
tions; and 
(3) the term "medically qualified individual" includes any 
person who is licensed, certified, or otherwise qusdified to 
provide medical care in a State, including a physician, nurse, 
physician 
assistant, 
paramedic, 
and 
emergency 
medical 
technician. 
Approved April 24, 1998. 
LEGISLATIVE HISTORY—H.R. 2843: 
HOUSE REPORTS: No. 105-456 (Comm. on Transportation and Infrastructure). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Mar. 24, considered and passed House. 
Apr. 3, considered and passed Senate.