42 U.S.C. § 244

Public access defibrillation programs

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(a) In generalThe Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs—(1) by training and equipping local emergency medical services personnel, including firefighters, police officers, paramedics, emergency medical technicians, and other first responders, to administer immediate care, including cardiopulmonary resuscitation and automated external defibrillation, to cardiac arrest victims;(2) by purchasing automated external defibrillators, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims;(3) by setting procedures for proper maintenance and testing of such devices, according to the guidelines of the manufacturers of the devices;(4) by providing training to members of the public in cardiopulmonary resuscitation and automated external defibrillation;(5) by integrating the emergency medical services system with the public access defibrillation programs so that emergency medical services personnel, including dispatchers, are informed about the location of automated external defibrillators in their community; and(6) by encouraging private companies, including small businesses, to purchase automated external defibrillators and provide training for their employees to administer cardiopulmonary resuscitation and external automated defibrillation to cardiac arrest victims in their community.(b) PreferenceIn awarding grants under subsection (a), the Secretary shall give a preference to a State, political subdivision of a State, Indian tribe, or tribal organization that—(1) has a particularly low local survival rate for cardiac arrests, or a particularly low local response rate for cardiac arrest victims; or(2) demonstrates in its application the greatest commitment to establishing and maintaining a public access defibrillation program.(c) Use of fundsA State, political subdivision of a State, Indian tribe, or tribal organization that receives a grant under subsection (a) may use funds received through such grant to—(1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration;(2) provide automated external defibrillation and basic life support training in automated external defibrillator usage through nationally recognized courses;(3) provide information to community members about the public access defibrillation program to be funded with the grant;(4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in public places;(5) produce materials to encourage private companies, including small businesses, to purchase automated external defibrillators;(6) establish an information clearinghouse, that shall be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death, that provides information to increase public access to defibrillation in schools; and(7) further develop strategies to improve access to automated external defibrillators in public places.(d) Application(1) In general

To be eligible to receive a grant under subsection (a), a State, political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(2) ContentsAn application submitted under paragraph (1) shall—(A) describe the comprehensive public access defibrillation program to be funded with the grant and demonstrate how such program would make automated external defibrillation accessible and available to cardiac arrest victims in the community;(B) contain procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary resuscitation and the use of automated external defibrillators;(C) contain procedures for ensuring direct involvement of a licensed medical professional and coordination with the local emergency medical services system in the oversight of training and notification of incidents of the use of the automated external defibrillators;(D) contain procedures for proper maintenance and testing of the automated external defibrillators, according to the labeling of the manufacturer;(E) contain procedures for ensuring notification of local emergency medical services system personnel, including dispatchers, of the location and type of devices used in the public access defibrillation program; and(F) provide for the collection of data regarding the effectiveness of the public access defibrillation program to be funded with the grant in affecting the out-of-hospital cardiac arrest survival rate.(e) Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for for 11 So in original. each of fiscal years 2003 through 2014. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses.

(July 1, 1944, ch. 373, title III, § 312, as added Pub. L. 107–188, title I, § 159(c), June 12, 2002, 116 Stat. 634; amended Pub. L. 108–41, § 2, July 1, 2003, 117 Stat. 839; Pub. L. 111–148, title X, § 10412, Mar. 23, 2010, 124 Stat. 990.)Editorial NotesPrior Provisions

A prior section 244, acts July 1, 1944, ch. 373, title III, § 312, 58 Stat. 693; July 3, 1946, ch. 538, § 8, 60 Stat. 424; Dec. 5, 1967, Pub. L. 90–174, § 12(b), 81 Stat. 541; Oct. 30, 1970, Pub. L. 91–515, title II, § 282, 84 Stat. 1308, provided for health conferences, prior to repeal by Pub. L. 93–353, title I, § 102(a), July 23, 1974, 88 Stat. 362. See section 242o(a) of this title.

A prior section 312 of act July 1, 1944, was classified to section 244–1 of this title prior to repeal by Pub. L. 94–484.

Amendments

2010—Subsec. (c)(6). Pub. L. 111–148, § 10412(1), inserted “, that shall be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death,” after “clearinghouse”.

Subsec. (e). Pub. L. 111–148, § 10412(2), substituted “for each of fiscal years 2003 through 2014” for “fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006”.

2003—Subsec. (c)(6), (7). Pub. L. 108–41 added par. (6) and redesignated former par. (6) as (7).

Statutory Notes and Related SubsidiariesFindings

Pub. L. 107–188, title I, § 159(b), June 12, 2002, 116 Stat. 634, provided that: “Congress makes the following findings:“(1) Over 220,000 Americans die each year from cardiac arrest. Every 2 minutes, an individual goes into cardiac arrest in the United States.“(2) The chance of successfully returning to a normal heart rhythm diminishes by 10 percent each minute following sudden cardiac arrest.“(3) Eighty percent of cardiac arrests are caused by ventricular fibrillation, for which defibrillation is the only effective treatment.“(4) Sixty percent of all cardiac arrests occur outside the hospital. The average national survival rate for out-of-hospital cardiac arrest is only 5 percent.“(5) Communities that have established and implemented public access defibrillation programs have achieved average survival rates for out-of-hospital cardiac arrest as high as 50 percent.“(6) According to the American Heart Association, wide use of defibrillators could save as many as 50,000 lives nationally each year.“(7) Successful public access defibrillation programs ensure that cardiac arrest victims have access to early 911 notification, early cardiopulmonary resuscitation, early defibrillation, and early advanced care.”

Notes of Decisions

Cited in 2 cases, 2014–2014 · leading case: Verdugo v. Target Corp., 327 P.3d 774 (Cal. 2014).

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Verdugo v. Target Corp., 327 P.3d 774 (Cal. 2014). · cites it 2× “, enacting 42 U.S.C. § 244 .) 13 IV. Do the Current California Statutes Relating to AEDs Preclude Courts from Determining Whether Target’s Common Law Duty of Care to Its Business Patrons Includes an Obligation to Provide an AED For Use in an Emergency? As already noted, Target…”

Verdugo v. Target Corp., 770 F.3d 1203 (9th Cir. 2014). “, enacting 42 U.S.C. § 244 .). . At the time of the Breaux decision, Health and Safety Code section 28689 provided in full: "The state department shall adopt and approve first aid instructions designed and intended for use in removing food which may become stuck in a person's…”

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