Page:United States Statutes at Large Volume 114 Part 4.djvu/277

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PUBLIC LAW 106-505—NOV. 13, 2000 114 STAT. 2339 "(1) the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed; "(2) the person is a licensed or certified health professional who used the automated external defibrillator 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 professional; "(3) the person is a hospital, clinic, or other entity whose purpose is providing health care directly 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) the person is an acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity 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. " (c) RULES OF CONSTRUCTION.— "(1) IN GENERAL.— The following applies 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. "(B) With respect to a class of persons for which this section provides immunity from civil liability, this section supersedes the law of a State only to the extent that the State has no statute or regulations that provide persons in such class with immunity for civil liability arising from the use by such persons of automated external defibrillator devices in emergency situations (within the meaning of the State law or regulation involved). "(C) This section does not waive any protection from liability for Federal officers or employees under— "(i) section 224; or "(ii) sections 1346(b), 2672, and 2679 of "title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28. " (2) CIVIL ACTIONS UNDER FEDERAL LAW.— "(A) IN GENERAL.— The applicability of subsections (a) and (b) includes applicability 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, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action 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 subparagraph.