Page:United States Statutes at Large Volume 114 Part 4.djvu/276

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114 STAT. 2338 PUBLIC LAW 106-505—NOV. 13, 2000 "(2) consider the recommendations of national and local public-health organizations for improving the survival rates of individuals who experience cardiac arrest in nonhospital settings by minimizing the time elapsing between the onset of cardiac arrest and the initial medical response, including , defibrillation as necessary; and "(3) consult with and counsel other Federal agencies where such devices are to be used. Deadline. "(d) DATE CERTAIN FOR ESTABLISHING GUIDELINES AND REC- OMMENDATIONS.— The Secretary shall comply with this section not later thsm 180 days after the date of the enactment of the Cardiac Arrest Survival Act of 2000. "(e) DEFINITIONS. — For purposes of this section: "(1) The term 'automated external defibrillator device' has the meaning given such term in section 248. "(2) The term 'Federal building* includes a building or portion of a building leased or rented by a Federal agency, and includes buildings on military installations of the United States.". SEC. 404. GOOD SAMARITAN PROTECTIONS REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Part B of title II of the Public Health Service Act, as amended by section 403, is amended by adding at the end the following: "LIA BIL IT Y REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS 42 USC 238q. "SEC. 248. (a) GOOD SAMARITAN PROTECTIONS REGARDING AEDs.—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— "(1) to notify local emergency response personnel or other appropriate entities of the most recent placement of the device within a reasonable period of time after the device was placed; "(2) to properly maintain and test the device; or "(3) to provide appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim, except that such requirement of training does not apply if— "(A) the employee or agent was not an employee or agent who would have been reasonably expected to use the device; or "(B) the period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm (or between the acquisition of the device and the occurrence of the harm, in any case in which the device was acquired after such engagement of the person) was not a reasonably sufficient period in which to provide the training. "(b) INAPPLICABILITY OF' IMMUNITY.—Immunity under subsection (a) does not apply to a person if—