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Title 42 — The Public Health and Welfare

Part B · Chapter 6A — Public Health Service

§ 244. Public access defibrillation programs

Statutory text

(a)

In general

The 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)

Preference

In 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 funds

A 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)

Contents

An 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 1 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.

Footnotes

  1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

    Pub. L. 107–188 title I § 159(c) · 116 Stat. 594

    Enacted · 42 U.S.C. § 244

    July 1, 1944, ch. 373, title III, § 312, as added Pub. L. 107–188, title I, § 159(c), June 12, 2002, 116 Stat. 634

    Source evidence

    Code source credit
    July 1, 1944, ch. 373, title III, § 312, as added Pub. L. 107–188, title I, § 159(c), June 12, 2002, 116 Stat. 634

    Enacted provision · exact public law section
    (c) Public Access Defibrillation Programs and Projects.— Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by Public Law 106-310, is amended by adding after section 311 the following: “SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS. (d) In General.— The 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) Preference.— In 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 Funds.— A 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; and “(6) 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) Contents.— An 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 fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses. “SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS. “(a) In General.— 42 USC 245. The Secretary shall award grants to political subdivisions of States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that— “(1) provide cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in unique settings; “(2) provide training to community members in cardiopulmonary resuscitation and automated external defibrillation; and “(3) maximize community access to automated external defibrillators. “(b) Use of Funds.— A recipient of a grant under subsection (a) shall use the funds provided through the grant to— “(1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; “(2) provide basic life training in automated external defibrillator usage through nationally recognized courses; “(3) provide information to community members about the public access defibrillation demonstration project to be funded with the grant; “(4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in the unique settings; and “(5) further develop strategies to improve access to automated external defibrillators in public places. “(c) Application.— “(1) In general.— To be eligible to receive a grant under subsection (a), a 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) Contents.— An application submitted under paragraph (1) may— “(A) describe the innovative, comprehensive, community-based public access defibrillation demonstration project to be funded with the grant; “(B) explain how such public access defibrillation demonstration project represents innovation in providing public access to automated external defibrillation; and “(C) provide for the collection of data regarding the effectiveness of the demonstration project to be funded with the grant in— “(i) providing emergency cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in the setting served by the demonstration project; and “(ii) affecting the cardiac arrest survival rate in the setting served by the demonstration project. “(d) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2006. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses.”.

  2. Automatic Defibrillation in Adam’s Memory Act

    Pub. L. 108–41 § 2 · 117 Stat. 839

    1. Added · 42 U.S.C. § 244(c)(6); 42 U.S.C. § 244(c)(7)

      Pub. L. 108–41 added par. (6)

    2. Redesignated · 42 U.S.C. § 244(c)(6); 42 U.S.C. § 244(c)(7)

      Pub. L. 108–41 redesignated former par. (6) as (7)

    Source evidence

    Code amendment note
    Subsec. (c)(6), (7). Pub. L. 108–41 added par. (6) and redesignated former par. (6) as (7).

    Enacted provision · exact public law section
    SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.   Subsection (c) of section 312 of the Public Health Service Act (42 U.S.C. 244), as amended by Public Law 107–188, is amended— (1) at the end of paragraph (5), by striking “and”; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: “(6) establish an information clearinghouse that provides information to increase public access to defibrillation in schools; and” .

  3. Congenital Heart Futures Act

    Pub. L. 111–148 § 10412(1) · 124 Stat. 119

    Inserted · 42 U.S.C. § 244(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in subsection (c)(6), after “clearinghouse” insert “, that shall be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death,”; and

  4. Congenital Heart Futures Act

    Pub. L. 111–148 § 10412(2) · 124 Stat. 119

    Substituted · 42 U.S.C. § 244(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in the first sentence of subsection (e), by striking “fiscal year 2003” and all that follows through “2006” and inserting “for each of fiscal years 2003 through 2014”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Prior 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; , Pub. L. 90–174, § 12(b), 81 Stat. 541; , 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), , 88 Stat. 362. See section 242o(a) of this title.

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

Amendments2003–2010 · 2 rounds

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 Subsidiaries

Findings

Pub. L. 107–188, title I, § 159(b), , 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.”

Credits

1944–2010 · 3 acts
  1. 1944July 1, 1944, ch. 373, title III, § 312, as added Pub. L. 107–188, title I, § 159(c), , 116 Stat. 634
  2. 2003amended Pub. L. 108–41, § 2, , 117 Stat. 839
  3. 2010Pub. L. 111–148, title X, § 10412, , 124 Stat. 990.
Show as published

(July 1, 1944, ch. 373, title III, § 312, as added Pub. L. 107–188, title I, § 159(c), , 116 Stat. 634; amended Pub. L. 108–41, § 2, , 117 Stat. 839; Pub. L. 111–148, title X, § 10412, , 124 Stat. 990.)

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