[105th Congress Public Law 170]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ170.105]
[[Page 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
purposes. <<NOTE: Apr. 24, 1998 - [H.R. 2843]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Aviation Medical
Assistance Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 49 USC 44701 note.>>
This Act may be cited as the ``Aviation Medical Assistance Act of
1998''.
SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING. <<NOTE: Regulations. 49 USC
44701 note.>>
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 regulations.
SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT. <<NOTE: 49 USC 44701
note.>>
(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
available 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.
[[Page 112 STAT. 48]]
(b) Format.--The Administrator may specify a format for reports to
be submitted under this section.
SEC. 4. DECISION ON AUTOMATIC EXTERNAL
DEFIBRILLATORS. <<NOTE: Regulations. 49 USC 44701 note.>>
(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 passenger 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 automatic 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 rulemaking.
(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 maximum
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. <<NOTE: 49 USC 44701 note.>>
(a) Liability of Air Carriers.--An 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 medical emergency,
or out of the acts or omissions of the
[[Page 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. <<NOTE: 49 USC 44701 note.>>
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
certificated 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 Regulations; and
(3) the term ``medically qualified individual'' includes any
person who is licensed, certified, or otherwise qualified 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.
<all>