< Back to H.R. 3022 (104th Congress, 1995–1996)

Text of the Cardiac Arrest Survival Act

This bill was introduced on March 6, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 6, 1996 (Introduced).

Source: GPO

HR 3022 IH

104th CONGRESS

2d Session

H. R. 3022

To amend the Public Health Service Act to establish a program regarding training in lifesaving first aid, including training in the use of automated external defibrillators to assist individuals experiencing cardiac arrest.

IN THE HOUSE OF REPRESENTATIVES

March 6, 1996

Mr. STUDDS (for himself, Mr. MCDERMOTT, Mr. ENGEL, Mr. WAXMAN, Mr. BEILENSON, Mr. FROST, Mr. EVANS, Mrs. COLLINS of Illinois, Mr. RANGEL, Mr. DELLUMS, Mr. GUTIERREZ, Mr. MORAN, and Mr. LIPINSKI) introduced the following bill; which was referred to the Committee on Commerce


A BILL

To amend the Public Health Service Act to establish a program regarding training in lifesaving first aid, including training in the use of automated external defibrillators to assist individuals experiencing cardiac arrest.

    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’.

SEC. 2. FINDINGS.

    The Congress finds as follows:

      (1) A significant increase in the number of individuals trained in lifesaving first aid would save many lives, particularly an increase in the number of individuals trained in responding to cardiac arrest.

      (2) Each year approximately 350,000 individuals die from cardiac arrest resulting from cardiovascular diseases.

      (3) Cardiac arrest can arise in other circumstances, including drownings, cases of drug sensitivity or drug toxicity, and cases of electrical shock.

      (4) More than 65 percent of deaths from cardiac arrest occur before the victims reach hospitals.

      (5) Although cardiopulmonary resuscitation (commonly known as CPR) is an important technique in responding to cardiac arrest, the technique alone cannot terminate ventricular fibrillation in the heart.

      (6) Ventricular fibrillation often can be terminated through use of an electrical device known as a defibrillator, and one that is automated and is designed for external application is well-suited to responding to instances of cardiac arrest in circumstances in which the victim is not at a hospital.

      (7) In the typical nonhospital circumstances, the most effective response to cardiac arrest is to recognize the warning signs for an imminent attack and request emergency medical services through the telephone number 911; to use the technique of cardiopulmonary resuscitation; and to apply an automatic external defibrillator.

SEC. 3. ESTABLISHMENT OF PROGRAM REGARDING TRAINING IN LIFESAVING FIRST AID.

    Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) is amended by adding at the end the following part:

‘Part G--Lifesaving First Aid

‘SEC. 1271. PROGRAM REGARDING TRAINING.

    ‘(a) IN GENERAL- The Secretary shall carry out a program for the following purposes:

      ‘(1) To develop and operate demonstration projects to provide training in the provision of lifesaving first aid.

      ‘(2) To develop and disseminate recommendations regarding the provision of such training.

      ‘(3) To collect data in accordance with section 1273.

      ‘(4) To conduct evaluations in accordance with such section.

    ‘(b) Training Criteria-

      ‘(1) IN GENERAL- In carrying out subsection (a), the Secretary shall develop criteria for training individuals in the provision of lifesaving first aid, including the following:

        ‘(A) Criteria regarding the use of particular techniques according to the age of the victim, including criteria specific to infants and children.

        ‘(B) Criteria designed to train members of the general public to serve as first responders.

        ‘(C) Criteria designed to train health professionals to serve as such responders.

      ‘(2) USE OF AGE-RELATED CRITERIA- The criteria developed under paragraph (1)(A) shall be utilized by the Secretary in the operation of demonstration projects under subsection (a), in making recommendations under such subsection, and in conducting evaluations in accordance with section 1273.

    ‘(c) Recommendations for State Policies-

      ‘(1) IN GENERAL- In carrying out subsection (a), the Secretary shall provide to the States the recommendations of the Secretary for State policies regarding the provision of lifesaving first aid, including recommendations regarding State laws.

      ‘(2) CERTAIN CONSIDERATIONS- In providing recommendations to the States under paragraph (1), the Secretary shall consider the following:

        ‘(A) With respect to the licensure of health professionals, whether training in lifesaving first aid should be a precondition to the receipt of a license in each of the professions.

        ‘(B) With respect to obtaining access to emergency medical services through the telephone number 911--

          ‘(i) whether individuals who take the telephone calls should be required to undergo training in instructing callers to perform particular forms of lifesaving first aid, including cardiopulmonary resuscitation; and

          ‘(ii) whether there are other skills that should be required for such individuals.

        ‘(C) Whether individuals in any field other than health care should be required to undergo training in lifesaving first aid as a condition of employment in the field; and if so, whether such fields include employment as any of the following: Law-enforcement officers; fire fighting personnel; teachers in preschool programs, elementary or secondary schools, or institutions of higher education; coaches and other instructors or supervisors in sports or other extracurricular activities; providers of day-care services; school-bus drivers; and lifeguards.

        ‘(D) Whether there should be requirements to ensure that the general public undergoes training in lifesaving first aid; and if so, whether effective requirements toward such goal would include--

          ‘(i) requiring such training as a condition for granting a license to operate motor vehicles; and

          ‘(ii) requiring such training as a condition for graduation from secondary schools and institutions of higher education.

    ‘(d) RECOMMENDATIONS REGARDING FEDERAL POLICIES- In carrying out subsection (a), the Secretary may develop recommendations for Federal policies regarding the provision of lifesaving first aid, including recommendations regarding Federal laws.

    ‘(e) CONSULTATIONS- In carrying out this part, the Secretary shall consult with public and private entities with expertise in providing training in lifesaving first, including training on particular techniques according to the age of the victim.

    ‘(f) GRANTS AND CONTRACTS- In carrying out this part, the Secretary may make grants to and enter into cooperative agreements with public and nonprofit private entities, and may enter into contracts with public and private entities.

‘SEC. 1272. AUTOMATED EXTERNAL DEFIBRILLATION AS RESPONSE TO CARDIAC ARREST.

    ‘(a) IN GENERAL- In carrying out section 1271, the Secretary shall comply with the following:

      ‘(1) Demonstration projects and recommendations under subsection (a) of such section shall include projects and recommendations regarding the use of automated external defibrillators.

      ‘(2) Training criteria under subsection (b) of such subsection shall include criteria regarding such use.

      ‘(3) Recommendations and considerations under subsection (c) of such section shall include recommendations and considerations regarding such use.

    ‘(b) ADDITIONAL CONSIDERATIONS REGARDING STATE POLICIES- In providing recommendations to the States pursuant to subsection (a)(3), the Secretary shall, in addition to the considerations required pursuant to such subsection, consider the following:

      ‘(1) With respect to office buildings, stadiums, musical arenas, and other sites at which large numbers of members of the public gather, whether it should be required that an automatic external defibrillator be located on the premises; and if so, whether it should be required that there be on the premises an individual trained in the use of the device.

      ‘(2) With respect to patient-transport vehicles that are equipped to provide basic life support, whether it should be required that the vehicles have an automatic external defibrillator (or, as applicable, whether the class of vehicles subject to such requirement should be expanded).

      ‘(3) With respect to individuals who are not health professionals, whether it is the policy of the States to prohibit such individuals from using automatic external defibrillators; and if so, whether and to what extent the policies should be modified.

      ‘(4) With respect to health professionals who have not undergone training in the use of automatic external defibrillators, whether it is the policy of the States to prohibit or restrict such professionals from using such devices; and if so, whether and to what extent the policies should be modified.

      ‘(5) With respect to tort laws commonly known as good Samaritan laws, whether such laws should be modified to provide that individuals and organizations cannot be found liable for the use of automatic external defibrillators.

      ‘(6) Whether other tort laws should be so modified.

      ‘(7) With respect to the use of external defibrillators in circumstances other than in hospitals, whether there are circumstances in which a manual device should be used rather than an automated device.

      ‘(8) With respect to the use of external defibrillators in hospitals, whether there are circumstances in which a manual device should be used rather than an automated device.

    ‘(c) Recommendations Regarding Federal Policies-

      ‘(1) IN GENERAL- In carrying out section 1271(d), the Secretary shall develop recommendations for Federal policies regarding the use of automated external defibrillators, including recommendations regarding Federal laws.

      ‘(2) CERTAIN CONSIDERATIONS- In developing recommendations under paragraph (1), the Secretary shall consider the following:

        ‘(A) With respect to Federal office buildings, military facilities, and other Federal sites at which substantial numbers of Federal employees or members of the public gather, whether it should be required that an automatic external defibrillator be located on the premises; and if so, whether it should be required that there be on the premises an individual trained in the use of the device.

        ‘(B) With respect to tort liabilities of manufacturers of automatic external defibrillators that arise from the use of such devices, whether the Federal Government, in order to ensure the continued economic feasibility of manufacturing the devices, should provide for the modification of tort laws to establish reasonable limitations on the amount of compensation that may be awarded.

‘SEC. 1273. COLLECTION OF DATA; EVALUATIONS.

    ‘(a) COLLECTION OF DATA- In carrying out section 1271(a), the Secretary shall collect data toward determining the following with respect to the United States:

      ‘(1) The incidence of cardiac arrest and other conditions with respect to which the provision of lifesaving first aid may be appropriate.

      ‘(2) The injuries, illnesses, or other circumstances giving rise to such arrest or other conditions in the incident involved.

      ‘(3) The extent to which the age of the victim was relevant to the occurrence of the incident.

      ‘(4) The rate of survival in the incidents.

      ‘(5) The incidents in which lifesaving first aid was provided, the rate of survival in such incidents, and the extent to which the first responders involved had received training in the provision of such aid.

    ‘(b) EVALUATIONS- In carrying out section 1271(a), the Secretary shall conduct evaluations of programs that provide training in lifesaving first aid, including demonstration projects under paragraph (1) of such section. Such evaluations shall include consideration of whether the programs provided training in particular techniques according to the age of the victim.

‘SEC. 1274. BIENNIAL REPORT TO CONGRESS.

    Not later than February 1, 1997, and every second year thereafter, the Secretary shall submit to the Congress a report on the activities carried out under this part. The report shall provide--

      ‘(1) a description of the demonstration projects carried out under section 1271(a);

      ‘(2) the recommendations developed pursuant to such section; and

      ‘(3) a summary of the evaluations conducted under section 1273(b).

‘SEC. 1275. DEFINITIONS

    ‘For purposes of this part:

      ‘(1) The term ‘automated external defibrillator’ means a fully automated or semiautomated external defibrillator that, as a result of the use of computers to detect and analyze cardiac rhythms and apply electrical current accordingly, requires substantially less training to operate than a manual external defibrillator.

      ‘(2) The term ‘external defibrillator’ means a device that, through external contact with the chest wall, provides an electric current to the heart muscle for the purpose of terminating ventricular fibrillation.

      ‘(3) The term ‘first responder’ means an individual who provides, or attempts to provide, lifesaving first aid.

      ‘(4) The term ‘lifesaving first aid’ includes the performance of cardiopulmonary resuscitation, the application of an automated or manual external defibrillator, and the provision of relief for the obstruction of a breathing passage by a foreign object. With respect to matters referred to in the preceding sentence, such term includes the use of particular techniques according to the age of the victim.

‘SEC. 1276. AUTHORIZATION OF APPROPRIATIONS.

    ‘For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000.’.