Bills of Congress by U.S. Congress

H.R.1466 - Cardiac Arrest Survival Act of 2025 (119th Congress)

Summary

H.R. 1466, the Cardiac Arrest Survival Act of 2025, aims to amend the Public Health Service Act to clarify liability protections for individuals and entities involved in the emergency use of automated external defibrillators (AEDs). The bill seeks to establish a national baseline of protection from civil liability for those who use AEDs, own AEDs, or manage premises where AEDs are used during perceived medical emergencies. The intent is to encourage wider deployment of AEDs by alleviating concerns about potential liability, especially for organizations operating across multiple states.

The bill outlines specific protections for 'Good Samaritans,' premises owners/lessees/managers, and AED owner-acquirers, with certain exceptions for willful misconduct, gross negligence, or actions by healthcare professionals within their professional scope. It also addresses the applicability of immunity regardless of signage, registration, or training, and preempts state laws to the extent they conflict with the federal protections provided.

Ultimately, the bill aims to increase the availability and use of AEDs in emergency situations, potentially saving lives by reducing hesitation related to liability concerns.

Expected Effects

The Cardiac Arrest Survival Act, if enacted, would likely lead to increased deployment of AEDs in public and private spaces due to reduced liability concerns. This could result in more lives saved during cardiac arrest events.

The Act would also create a uniform national standard for AED liability, replacing the current patchwork of state laws. This uniformity could simplify compliance for businesses operating in multiple states.

However, the effectiveness of the Act will depend on how well it is implemented and whether the exceptions to immunity are clearly defined and consistently applied in practice.

Potential Benefits

  • Increased AED Deployment: By reducing liability concerns, the bill encourages businesses and organizations to invest in and deploy more AEDs.
  • Improved Emergency Response: More readily available AEDs can lead to quicker response times during cardiac arrest events, increasing survival rates.
  • National Uniformity: A national standard for AED liability simplifies compliance and reduces confusion for entities operating across state lines.
  • Protection for Good Samaritans: The bill protects individuals who use AEDs in good faith from civil liability, encouraging them to act in emergencies.
  • Potential for Lives Saved: The ultimate benefit is the potential to save lives by increasing the availability and use of AEDs in emergency situations.

Potential Disadvantages

  • Potential for Misuse: While the bill aims to protect those acting in good faith, there is a potential for misuse or negligence that could go unpunished due to the broad immunity provisions.
  • Complexity of Exceptions: The exceptions to immunity (e.g., willful misconduct, gross negligence) may be difficult to interpret and apply in practice, leading to legal challenges.
  • Preemption of State Laws: The bill's preemption of state laws could disrupt existing state-level regulations and protections related to AED use.
  • Unintended Consequences: There is a risk of unintended consequences, such as a decrease in AED training if people believe they are fully protected regardless of their level of expertise.
  • Limited Scope: The bill primarily addresses liability concerns and does not address other barriers to AED deployment, such as cost and maintenance.

Constitutional Alignment

The Cardiac Arrest Survival Act appears to align with the US Constitution, particularly the Commerce Clause (Article I, Section 8, Clause 3), which grants Congress the power to regulate interstate commerce. The bill addresses concerns about inconsistent state laws hindering the deployment of AEDs across state lines, thus affecting interstate commerce.

Furthermore, the Act can be argued to promote the general welfare, as mentioned in the Preamble of the Constitution, by encouraging the deployment of AEDs and potentially saving lives. The Act does not appear to infringe upon any individual rights or liberties protected by the Constitution or its amendments.

However, the preemption of state laws raises federalism considerations. While the Commerce Clause allows for federal regulation of interstate commerce, the Tenth Amendment reserves powers not delegated to the federal government to the states. The extent of preemption must be carefully balanced to avoid undue infringement on state authority.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).