[Congressional Record Volume 146, Number 65 (Tuesday, May 23, 2000)]
[House]
[Pages H3584-H3588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CARDIAC ARREST SURVIVAL ACT OF 2000
Mr. STEARNS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2498) to amend the Public Health Service Act to provide for
recommendations of the Secretary of Health and Human Services regarding
the placement of automatic external defibrillators in Federal buildings
in order to improve survival rates of individuals who experience
cardiac arrest in such buildings, and to establish protections from
civil liability arising from the emergency use of the devices, as
amended.
The Clerk read as follows:
H.R. 2498
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 ``Cardiac Arrest Survival Act
of 2000''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over 700 lives are lost every day to sudden cardiac
arrest in the United States alone.
(2) Two out of every three sudden cardiac deaths occur
before a victim can reach a hospital.
(3) More than 95 percent of these cardiac arrest victims
will die, many because of lack of readily available life
saving medical equipment.
(4) With current medical technology, up to 30 percent of
cardiac arrest victims could be saved if victims had access
to immediate medical response, including defibrillation and
cardiopulmonary resuscitation.
(5) Once a victim has suffered a cardiac arrest, every
minute that passes before returning the heart to a normal
rhythm decreases the chance of survival by 10 percent.
(6) Most cardiac arrests are caused by abnormal heart
rhythms called ventricular fibrillation. Ventricular
fibrillation occurs when the heart's electrical system
malfunctions, causing a chaotic rhythm that prevents the
heart from pumping oxygen to the victim's brain and body.
(7) Communities that have implemented programs ensuring
widespread public access to defibrillators, combined with
appropriate training, maintenance, and coordination with
local emergency medical systems, have dramatically improved
the survival rates from cardiac arrest.
(8) Automated external defibrillator devices have been
demonstrated to be safe and effective, even when used by lay
people, since the devices are designed not to allow a user to
administer a shock until after the device has analyzed a
victim's heart rhythm and determined that an electric shock
is required.
(9) Increasing public awareness regarding automated
external defibrillator devices and encouraging their use in
Federal buildings will greatly facilitate their adoption.
(10) Limiting the liability of Good Samaritans and
acquirers of automated external defibrillator devices in
emergency situations may encourage the use of automated
external defibrillator devices, and result in saved lives.
SEC. 3. RECOMMENDATIONS AND GUIDELINES OF SECRETARY OF HEALTH
AND HUMAN SERVICES REGARDING AUTOMATED EXTERNAL
DEFIBRILLATORS FOR FEDERAL BUILDINGS.
Part B of title II of the Public Health Service Act (42
U.S.C. 238 et seq.) is amended by adding at the end the
following section:
``recommendations and guidelines regarding automated external
defibrillators for federal buildings
``Sec. 247. (a) Guidelines on Placement.--The Secretary
shall establish guidelines with respect to placing automated
external defibrillator devices in Federal buildings. Such
guidelines shall take into account the extent to which such
devices may be used by lay persons, the typical number of
employees and visitors in the buildings, the extent of the
need for security measures regarding the buildings, buildings
or portions of buildings in which there are special
circumstances such as high electrical voltage or extreme heat
or cold, and such other factors as the Secretary determines
to be appropriate.
``(b) Related Recommendations.--The Secretary shall publish
in the Federal Register the recommendations of the Secretary
on the appropriate implementation of the placement of
automated external defibrillator devices under subsection
(a), including procedures for the following:
``(1) Implementing appropriate training courses in the use
of such devices, including the role of cardiopulmonary
resuscitation.
``(2) Proper maintenance and testing of the devices.
``(3) Ensuring coordination with appropriate licensed
professionals in the oversight of training of the devices.
``(4) Ensuring coordination with local emergency medical
systems regarding the placement and incidents of use of the
devices.
``(c) Consultations; Consideration of Certain
Recommendations.--In carrying out this section, the Secretary
shall--
``(1) consult with appropriate public and private entities;
``(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.
``(d) Date Certain for Establishing Guidelines and
Recommendations.--The Secretary shall comply with this
section not later than 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. 4. 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 3 of this Act, is amended by adding at the
end the following section:
``liability regarding emergency use of automated external
defibrillators
``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--
``(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; or
``(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; or
``(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.
[[Page H3585]]
``(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.
``(d) Federal Jurisdiction.--In any civil action arising
under State law, the courts of the State involved have
jurisdiction to apply the provisions of this section
exclusive of the jurisdiction of the courts of the United
States.
``(e) Definitions.--
``(1) Perceived medical emergency.--For purposes of this
section, the term `perceived medical emergency' means
circumstances in which the behavior of an individual leads a
reasonable person to believe that the individual is
experiencing a life-threatening medical condition that
requires an immediate medical response regarding the heart or
other cardiopulmonary functioning of the individual.
``(2) Other definitions.--For purposes of this section:
``(A) The term `automated external defibrillator device'
means a defibrillator device that--
``(i) is commercially distributed in accordance with the
Federal Food, Drug, and Cosmetic Act;
``(ii) is capable of recognizing the presence or absence of
ventricular fibrillation, and is capable of determining
without intervention by the user of the device whether
defibrillation should be performed;
``(iii) upon determining that defibrillation should be
performed, is able to deliver an electrical shock to an
individual; and
``(iv) in the case of a defibrillator device that may be
operated in either an automated or a manual mode, is set to
operate in the automated mode.
``(B)(i) The term `harm' includes physical, nonphysical,
economic, and noneconomic losses.
``(ii) The term `economic loss' means any pecuniary loss
resulting from harm (including the loss of earnings or other
benefits related to employment, medical expense loss,
replacement services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to the
extent recovery for such loss is allowed under applicable
State law.
``(iii) The term `noneconomic losses' means losses for
physical and emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss of
enjoyment of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation and all other nonpecuniary
losses of any kind or nature.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Stearns) and the gentlewoman from California (Mrs. Capps)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Stearns).
General Leave
Mr. STEARNS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and insert extraneous material on H.R. 2498.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.
{time} 1445
Mr. Speaker, between 200,000 to 300,000 American lives are lost every
year to sudden cardiac arrest in the United States. It is estimated
that over 30 percent of these victims could be saved if they had access
to immediate medical response, including defibrillation.
A large number of sudden cardiac arrests are due to an electrical
malfunction of the heart called ventricular fibrillation, VF. Now, when
VF occurs, the heart's electrical signals, which normally induce a
coordinated heartbeat, suddenly become chaotic, and the heart's
function as a pump abruptly stops. Unless this state is reversed, then
death will occur within a few minutes. The only effective treatment for
this condition is defibrillation, the electrical shock to the heart.
For the last several years, I have been working closely with the
American Heart Association, the American Red Cross, and local emergency
medical systems to develop bipartisan congressional legislation to
encourage the widespread use of automated external defibrillator
devices to help save our lives. We have been successful, and that is
why we are here on the House floor today.
I want to thank the chairman of the Subcommittee on Health, the
gentleman from Florida (Mr. Bilirakis), for his efforts, his
coordination and his support and encouragement. I also want to thank
the chairman of the subcommittee, the gentleman from Virginia (Mr.
Bliley), for his support in bringing this forward through the
committee.
My colleagues, automated external defibrillators, or AEDs, are small,
portable medical devices regulated by the Food and Drug Administration,
that can measure a victim's heart rate, determine whether the victim is
suffering from ventricular fibrillation and if an electric shock is
necessary, and can even instruct the layperson whether and when to
shock the victim and when to perform CPR.
I have a chart here called ``The Chain of Survival.'' Clearly, my
colleagues can see from the chain of survival the four links are early
access to emergency care, early cardiopulmonary resuscitation, early
defibrillation, and early advanced life supports.
While defibrillation is the most effective mechanism to revive a
heart that has stopped, it is also the least accessed tool we have
available to treat victims suffering from heart failure.
My colleagues, these devices are very safe, effective, and they do
not allow a shock to be administered until after the device has
measured the victim's heart and determined whether a shock is required.
Earlier this month, the Subcommittee on Health and Environment held a
very moving hearing on H.R. 2498, and many of my colleagues said it was
the best hearing they have ever seen. We heard from Dr. Richard
Hardman, who helped design and implement an AED program in Las Vegas.
Dr. Hardman helped train over 6,500 security officers to achieve an
average internal emergency medical response time of less than 3
minutes.
With over 200 sudden cardiac arrests occurring in covered locations
in this region of Las Vegas, this AED program was able to save an
astounding 57 percent of the victims.
Dr. Hardman showed the subcommittee a videotape of an actual cardiac
arrest victim, who was treated with an AED device from lay bystanders
in the casino and was successfully shocked back to life within minutes.
This could happen to any one of us.
For example, we heard moving testimony from Robert Adams, a 42-year-
old attorney, younger than many of us, an NCAA referee, an outstanding
college athlete, captain of his basketball team, in the prime of
health, who had recently passed several extensive physical exams with
flying colors; and yet he, too, suffered a sudden cardiac arrest on the
July 3rd weekend in Grand Central Station in New York City.
By the grace of God, fortunately, the station had just received
delivery of an AED the day before. A couple of nearby construction
workers saw Mr. Adams fall to the ground, they grabbed the AED which
was still in its packaging, still in the box, and they hoped and prayed
that batteries were part and parcel of that box. They hoped they were
installed and charged and ready to go. Indeed, they were and they
shocked Mr. Adams back to life.
Mr. Adams has three children, the youngest of whom was only 1 year
old
[[Page H3586]]
at the time. Those children would not have their father today had Grand
Central Station not procured this AED and been willing to publicly
install an AED device and, of course, that the unrelated bystanders
been willing to use it to save his life.
Let me move to this other chart, ``Every Minute Counts.'' This is a
very important chart. We can see that for every minute that goes by, we
can see the effects that it will have on a person who suffers from
ventricular fibrillation; and surely, surely, if we can save this many
lives with just having this very small inconspicuous device, this bill
will promote and save lives.
Do my colleagues know that for every minute of delay in returning the
heart to its normal pattern of beating, it decreases the chances of
that person's survival by 10 percent?
Unfortunately, according to the testimony of Dr. Hardman and AED
legal expert Richard Lazar, AEDs are not being widely employed because
of the perception, the simple perception among us that would-be
purchasers and users of AED would get sued.
This is a lot like the debate with the fire extinguishers 100 years
ago; but our bill, H.R. 2498 removes a barrier to adopting AED
programs. If a Good Samaritan, like someone in the Bible, or a building
owner or a renter of the building acts in good faith and he or she uses
the AED to save someone's life, this bill will protect them from unfair
lawsuits.
We may not want to force people to provide medical care to someone
having a heart attack; but, my colleagues, if they are willing to do
so, we should not put them at risk of being sued for unlimited damages
if something goes wrong.
This legislation directs the Secretary of Health and Human Services
to develop guidelines for the placement of defibrillators in Federal
buildings. It is inexcusable that we do not have these live-saving
devices widely available in Federal buildings across the United States.
We need, Mr. Speaker, to be a role model for the private sector by
demonstrating our commitment to protecting the lives of Federal
employees, military personnel, and private citizens who are visiting
our museums, our public buildings throughout the United States,
including Social Security offices and, of course, parks and recreation
areas.
H.R. 2498 does not impose any new regulation or obligations on the
private sector. It does not preempt State law where the State has
provided immunity for the person being sued.
Almost 150 bipartisan Members have now cosponsored this bill. This
legislation passed in both the subcommittee and full committee by
unanimous voice vote. We have received letters of support by the
National Safe Kid Campaign, the National Fire Protection Association,
the American Academy of Pediatrics, the American Association for
Respiratory Care, the International Association of Fire Chiefs, and
many, many more.
Even President Clinton talked about it last week in his radio address
and promoted the use of defibrillators and talked about this bill. I
commend the President for recognizing and bringing it to the public's
attention through his presidency.
This helps saves the lives of almost 250,000 Americans who annually
are affected with sudden cardiac arrest. So I hope my colleagues will
support and pass the Cardiac Arrest Survival Act of 2000.
Mr. Speaker, I reserve the balance of my time.
Mrs. CAPPS. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of a lifesaving piece of legislation,
the Cardiac Arrest Survival Act. I would like to commend the gentleman
from Florida (Mr. Stearns) for introducing this legislation, for
working hard to ensure that it would receive a full hearing in the
committee level.
I want also to commend the gentleman from Michigan (Mr. Dingell), the
gentleman from Ohio (Mr. Brown), the gentleman from Virginia (Chairman
Bliley), the gentleman from Florida (Mr. Bilirakis), my colleagues on
the Committee on Commerce, for moving it through our committee
structure.
The Cardiac Arrest Survival Act does two key things. First, it
instructs the Secretary of Health and Human Services to make
recommendations to promote public access to defibrillation programs in
Federal buildings and other public buildings across the country. These
recommendations would ensure the health and safety of all Americans by
encouraging ready access to the tools needed to improve cardiac arrest
survival rates.
Second, this act extends Good Samaritan protections to Automatic
External Defibrillator users and the acquirers of the devices in those
States who do not currently have AED Good Samaritan protections. This
protection will help encourage lay persons to respond in a cardiac
emergency by using the external defibrillation device.
These devices, AEDs, are small, easy to use and laptop size. They can
analyze the heart rhythms of a person in cardiac arrest to determine if
a shock is necessary; and when it is necessary, they will automatically
deliver a lifesaving shock to the heart.
Every minute that passes before a cardiac arrest victim's heart is
defibrillated or shocked back into rhythm, every minute that passes,
his or her chance of survival decreases by as much as 10 percent. As a
result, less than 5 percent of out-of-hospital cardiac arrest victims
will even survive.
Recently, I was very fortunate to hear the testimony of Mr. Robert
Adams, describing how his life was saved in Grand Central Station in
New York City by a publicly available AED. This moving story is a sure
indication of the lifesaving capabilities that this bill will unleash.
Currently, I serve as the cochair of the Heart and Stroke Coalition
in the House, so I have a special interest in the area of heart
disease. Working closely with the American Heart Association, the
American Red Cross, this coalition is a bipartisan and bicameral group
which is concerned with heightening awareness of heart attack, stroke,
and other cardiovascular diseases.
Additionally, the coalition works to promote research opportunities
in the area of heart disease and stroke and acts as a greater resource
on key issues, such as public access to automatic external
defibrillators.
The American Heart Association estimates that, with increased access
to AEDs, up to 50,000 lives could be saved each year. That is reason
enough for us to pass this legislation.
So I urge my colleagues to support H.R. 2498, the Cardiac Arrest
Survival Act.
Mr. Speaker, I reserve the balance of my time.
Mr. STEARNS. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Maryland (Mrs. Morella).
Mrs. MORELLA. Mr. Speaker, I thank the gentleman for yielding the
time to me, and I rise today to urge support for H.R. 2498, the Cardiac
Arrest Survival Act.
I certainly want to commend him for his leadership and sponsorship of
this resolution which is so important to all of us in this country. I
also want to commend the gentlewoman from California (Mrs. Capps) for
her constant attention to health issues, and this is indeed a situation
of public health.
This legislation that the gentleman from Florida (Mr. Stearns) has
introduced places automatic external defibrillators, AEDs as they call
them in the acronym, in Federal agencies. It would help with public
access. What it does is it establishes the Federal Government as a role
model. Guidelines will be established, in the hopes that the private
sector will also follow and State governments will follow.
Public access to AEDs, in the words of Dr. Tom Aufderheide, an
associate professor of emergency medicine at the Medical College of
Wisconsin, Milwaukee, represents potentially the single greatest
advance in the treatment of cardiac arrest since the development of
CPR.
{time} 1500
Approximately 350,000 Americans die annually from sudden cardiac
death. If we can make the use of AEDs more widespread, that
tremendously high loss of life will indeed diminish.
More and more people are taking courses to familiarize themselves
with both CPR and the use of an AED. In addition, the machine is not
difficult to use. It automatically analyzes heart rhythm and decides
whether to shock.
[[Page H3587]]
It also gives verbal prompts at each step, and it even has pictures on
the pads to show where to attach them to the chest.
I want to share with my colleagues one story that appeared in the
American Medical News that conveys the importance of this legislation.
On August 20 of last year, a Ms. Sherry Caffrey was on the phone at
Chicago's Midway Airport when a man nearby fell to the ground.
Fortunately, an AED was mounted on the wall near her and she
administered a single electrical shock to his heart which saved his
life. And this is not an isolated episode. Since this incident last
year, there has been at least one save almost weekly at Chicago's
Midway Airport using one of the 42 defibrillators which are placed
throughout the airport.
By increasing training and the availability of these life-saving
devices, we can dramatically reduce the number of individuals who die
each year from cardiac arrest. This legislation makes that goal more
attainable. I strongly urge my colleagues to support H.R. 2498, Mr.
Speaker.
Mrs. CAPPS. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Indiana (Ms. Carson).
Ms. CARSON. Mr. Speaker, I thank the gentlewoman from California for
yielding me this time, and I express my appreciation for those
responsible for bringing into fruition and to the House today the
Cardiac Survival Act of 1999.
I would like to indicate in my remarks that heart disease, of course,
is the leading cause of death among women in this country, and anything
we can do as a body politic to allay future problems with health and
heart attacks among women that take them out, we need to do that.
Each year more than 250,000 adults suffer cardiac arrest, and more
than 95 percent of them die. The Cardiac Survival Act of 1999 increases
access to defibrillators in public buildings, and certainly it will
save lives. Every minute that passes before returning the heart to a
normal rhythm after a cardiac arrest causes the chance of survival to
fall by 10 percent. That is for every minute.
It is clear that in cases of cardiac arrest, time is of essence. For
instance, in my hometown of Indianapolis, Indiana, I remember hearing
about a very frightening incident of a middle-aged man who was in full
cardiac arrest while jogging at the National Institute For Fitness and
Sports, where I am also a member. Thanks to the quick and heroic
efforts of the staff at NIFS, who had access to a defibrillator, were
trained in its operation, the man's life was saved.
Mr. Speaker, we have seen to it that we have these devices here for
our safety and for the safety of those who visit here. It is fitting
that we act to extend this benefit to more Americans in every place
that we possibly can. I am pleased to support this legislation, Mr.
Speaker, because it increases access to vital lifesaving technologies.
Mrs. CAPPS. Mr. Speaker, I yield myself the balance of my time, and I
want to remind and encourage all of our colleagues to support this
lifesaving piece of legislation, the Cardiac Arrest Survival Act. By
setting the example through authorizing the use of automatic
defibrillators in public buildings, in Federal buildings, we will do
our part in saving additional lives. We will also be setting a great
example for this country in the way we want to move forward.
Again, I commend my colleague for bringing forward the bill and urge
its passage.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. STEARNS. Mr. Speaker, I yield myself the balance of my time, and
I want to thank the gentlewoman from California (Mrs. Capps) for her
support and the support of my colleagues in the Committee on Commerce.
I would just conclude by telling a quick story of a good and close
friend of mine. He and his wife are a member of our church, and they
have four children. He was in his early 60s and he went to the golf
course. As my colleagues know, in Florida there are lots of golf
courses; and people are there all the time. It was in the morning, and
he was playing golf when suddenly he had a cardiac arrest.
Unfortunately, there was not an automated external defibrillator there.
He died. And I felt it was very sad for he and his family, and that
made the commitment on my part and the people who supported this bill
even stronger to get this through the House.
Of course, after it is approved by the Senate it will then go to the
President to be signed. So I think it is a great day for all the
organizations that have supported us, been with us for these many, many
years as we have garnered support and attempted to convince our
colleagues that, one, the good Samaritan clause was innocuous, that
there was nothing to worry about; that much like fire extinguishers the
day has come for automated external defibrillators. We need to have
these not only in the public Federal buildings but all the local
buildings. And, of course, hopefully, some day they will be just as
apparent and obvious as fire extinguishers, and they will save at least
50,000 lives every year.
And remember, 50,000 lives is an enormous amount of savings of health
care costs. So just this small little device that automatically tells
someone what to do, is very safe, and for which the cost is coming
down, could save any one of our lives in this House today. So I urge my
colleagues' support.
Mr. BENTSEN. Mr. Speaker, as a cosponsor of this bill, I rise in
strong support of the Cardiac Arrest Survival Act, HR 2498. This
legislation ensures that Automatic External Defibrillators will be
placed in federal buildings to assist heart-attack victims within 90
days of enactment. This legislation also includes a critically
important provision to ensure that any person who uses these devices is
provided limited immunity from civil liability.
Automatic External Defibrillators (AEDs) have been found to save
lives and reduce health care costs. According to the American Heart
Association, in cities where Emergency Medical Systems (EMS) response
is rapid, the survival rate increased from 9 percent to 30 when AEDs
were available to first responders. Yet only 30 percent of EMS have
AEDs to treat heart attack victims. This legislation would ensure that
AEDs are more widely available.
Recently, many airlines have started to keep AEDs for their crews to
assist passengers and they have been proven to save lives. This
legislation would build upon this trend by providing AEDs in all
federal buildings where many Americans work and visit. AEDs are easy to
use and do not require advanced training to operate. In fact, they
automatically calculate whether it would be appropriate to treat an
individual or not and then determine what is the appropriate level of
treatment to use. They are also much less cumbersome than in the past.
The latest models of AEDs weigh less than 10 pounds, an amount that
most individuals can carry and maneuver without much effort.
This measure also provides immunity from civil liability for those
who provide emergency medical assistance to heart attack victims
through the use of an AED. These ``Good Samaritans'' would not be
liable to any ``personal injury or wrongful death'' that might result
from providing care for a heart attack victim. With this protection, I
believe more Americans will be willing to help each other in their time
of need. This bill also exempts any person who maintains, tests, or
provides training in the use of these devices. In order to protect
heart attack victims, the immunity granted in this bill does not apply
to any person who engages in gross negligence, willful, or wanton
misconduct.
This legislation is an important part of our effort to educate more
Americans about the need to treat and help heart attack victims. In
1997, heart attacks are the single leading cause of death in America.
Today, one in five deaths are related to heart attacks and more than
450,000 Americans died of heart attack in 1997. Clearly we must do more
to prevent and treat these heart attack victims so that there will be
better outcomes. this legislation is a good first step in meeting this
challenge.
I urge my colleagues to support this legislation.
Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 2498, the Cardiac
Arrest Survival Act of 2000, which was reported by voice vote by the
Committee on Commerce. I want to take this opportunity to commend the
Chairman of the Subcommittee, Mr. Bilirakis, the Chairman of the full
Committee, Mr. Bliley, and the author of the bill, Mr. Stearns, for
their work
[[Page H3588]]
in bringing this legislation to the floor. This legislation has 130
cosponsors, including 13 Democratic members of the Committee on
Commerce. It is also supported by the American Red Cross, the American
Heart Association, and the Administration.
Mr. Speaker, testimony before the Committee showed that returning the
heart to its normal rhythm quickly is the single most important thing
needed to improve the chance of survival from cardiac arrest. In Las
Vegas, where automated electronic defibrillators have been placed in
casinos and casino employees have been trained in their use, the out-
of-hospital survival rate from cardiac arrest has increased
dramatically. Prior to the widespread deployment of these devices, the
cardiac arrest survival rate in Las Vegas was only 10 percent; it is
now 57 percent.
Defibrillation clearly saves lives. The purpose of H.R. 2498,
therefore, is to encourage Federal agencies to install automated
external defibrillators in their buildings and to give so-called ``Good
Samaritan'' protections from liability for people who use or acquire
these devices. The bill's liability protections do not apply if the
harm was caused by a person's conscious, flagrant indifference to the
rights or safety of the victim. Nor does it apply if it is being used
by a doctor or nurse or other licensed professional in their scope of
employment, or if it is being used by a hospital or other health care
entity. Certain other limited exceptions apply.
As reported by the Committee on Commerce, H.R. 2498 is consistent
with legislation which passed the Senate by unanimous consent last
year. I might add that the Department of Justice, in a letter to
Chairman Bliley dated May 8, 2000, stated that it, too, supports this
legislation with the changes adopted by the Committee on Commerce in
the reported bill before us today.
Mr. Speaker, I urge my colleagues to vote for this legislation.
Mr. DAVIS of Virginia. Mr. Speaker, I rise today in support of H.R.
2498, the Cardiac Arrest Survival Act. This critical piece of
legislation would improve survival rates for victims of cardiac arrest
by expanding access to cardiac defibrillators in federal buildings.
Everyday 1,000 Americans suffer from sudden cardiac arrest, usually
outside of a hospital setting. Unfortunately, more than 95 percent of
these victims die because life-saving equipment is not readily
available or arrives too late. When a defibrillator is used to deliver
a shock to a heart with an abnormal rhythm, survival rates for cardiac
arrest sufferers increases to as much as 20-30 percent. Every minute of
delay in access to defibrillators leads to a ten percent decrease in
life expectancy. Therefore, it is vital that Automated External
Defibrillators (AEDs) be made available for use in public areas and the
public should be educated on how to operate this user-friendly life
saving equipment.
H.R. 2498 directs the Secretary of Health and Human Services to
develop recommendations for public access to defibrillation programs in
Federal buildings in order to improve survival rates of people who
suffer cardiac arrest in Federal facilities. Federal buildings
throughout America will be encouraged to serve as examples of rapid
response to cardiac arrest emergencies through the implementation of
public access to defibrillation programs. The programs will include
training proper personnel in the use of the AED, notifying local
emergency medical services of the placement of AEDs, and ensuring
proper medical oversight and proper maintenance of the device.
Furthermore, this bill seeks to fill in this gaps with respect to
States that have not acted on AED legislation by extending good
samaritan liability protection to people involved in the use of the
AED.
I commend Representative Cliff Stearns for introducing this life-
saving piece of legislation. And I urge all my colleagues to vote in
support of the Cardiac Arrest Survival Act, which could save up to
50,000 lives each year by increasing access to Automated External
Defibrillators.
I also want to take the opportunity to recognize a very special group
of high school students from my district who have been working
feverishly in support of H.R. 2498. The 341 members of the Distributive
Education Clubs of America (DECA) Chapter at Robinson Secondary School
launched a dual campaign last fall to not only work towards the
successful passage of H.R. 2498, but to also educate the public about
the benefits of AEDs.
Robinson's DECA Chapter recognized that a group of potential sudden
cardiac arrest victims have been ignored by the public: teenagers.
These energetic members sought to rectify this situation by initiating
a public relations campaign to raise general awareness about the
benefits of AEDs and to outfit high schools with these valuable
devices. In a school as large as Robinson Secondary School, with 5,000
teachers, students, administrators, and community members, the need for
an AED is particularly evident. In order to acquire the first student-
purchased AED in the country, Robinson DECA held the Heart Start
Shopping Night and raised the needed $3,500.
In working with the American Heart Association and a professional
adult advisor committee, Robinson DECA also realized that not every
state currently has legislation to provide Good Samaritan protection
for operators of the AED. This motivated DECA to work in support of the
passage of H.R. 2495, the Cardiac Survival Act. Their lobbying efforts
included developing a slogan and logo, researching H.R. 2495 in order
to write a research paper, personally lobbying all 435 House of
Representative members and staff, staging a rally on the steps of the
United States Capitol, holding a press conference, and designating and
operating an internet home page.
Mr. Speaker, I applaud Robinson DECA's enthusiasm and dedication in
helping others understand the great need for AEDs. And I share their
pride today in seeing this vital bill coming to a vote on the House
floor.
Mr. BILIRAKIS. Mr. Speaker, I rise in support of H.R. 2498, the
Cardiac Arrest Survival Act of 2000. This bipartisan bill was
authorized by my Florida colleague, Congressman Cliff Stearns. It was
unanimously approved by the Health and Environment Subcommittee on May
9, and it was reported favorably by the Commerce Committee on May 17.
Mr. Speaker, a quarter million Americans die each year due to cardiac
arrest. Many of these victims could be saved if portable medical
devices called automated external defibrillators or ``AEDs'' were used.
AEDs can analyze heart rhythms for abnormalities, and if warranted,
deliver a life-saving shock to the heart. Experts estimate that 20,000
to 100,000 lives could be saved annually by greater access to AEDs.
H.R. 2498 directs the Secretary of Health and Human Services to issue
regulations to provide for the placement of AEDs in federal buildings.
The bill also establishes protections from civil liability arising from
the emergency use of the devices.
During committee consideration of the bill, it was amended to give
the Secretary of Health and Human Services greater flexibility to
update the guidelines over time and greater guidance as to what types
of assistance and involvement Congress intends. The amendments also
clarified the liability provisions and incorporated standards for AED
use and training.
The bill before us enjoys the strong support of the American Red
Cross and the American Heart Association, as well as many Members on
both sides of the aisle. It is rare that a solution to a problem so
readily presents itself. We must seize this opportunity to reduce the
number of lives tragically lost to cardiac arrest. I urge all Members
to join me today in supporting this important legislation.
Mr. STEARNS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Calvert). The question is on the motion
offered by the gentleman from Florida (Mr. Stearns) that the House
suspend the rules and pass the bill, H.R. 2498, as amended.
The question was taken.
Mr. STEARNS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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