42 U.S.C. § 244 — Public access defibrillation programs

Page 167 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 244 Pub. L. 89–749, § 5(b), Nov. 3, 1966, 80 Stat. 1190, pro- vided that the amendment of subsec. (b) of this section, permitting the Surgeon General to train personnel for State and local health work, is effective July 1, 1967. FOOD ALLERGENS IN THE FOOD CODE Pub. L. 108–282, title II, § 209, Aug. 2, 2004, 118 Stat. 910, provided that: ‘‘The Secretary of Health and Human Services shall, in the Conference for Food Pro- tection, as part of its efforts to encourage cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revi- sion of the Food Code to provide guidelines for pre- paring allergen-free foods in food establishments, in- cluding in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafe- terias. The Secretary shall consider guidelines and rec- ommendations developed by public and private entities for public and private food establishments for pre- paring allergen-free foods in pursuing this revision.’’ TRAINING OF PRIVATE PERSONS SUBJECT TO REIMBURSEMENT OR ADVANCES TO APPROPRIATIONS Pub. L. 103–333, title II, Sept. 30, 1994, 108 Stat. 2550, provided in part: ‘‘That for fiscal year 1995 and subse- quent fiscal years training of private persons shall be made subject to reimbursement or advances to this ap- propriation for not in excess of the full cost of such training’’. § 244. Public access defibrillation programs (a) In general The Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and imple- ment public access defibrillation programs— (1) by training and equipping local emer- gency medical services personnel, including firefighters, police officers, paramedics, emer- gency medical technicians, and other first re- sponders, to administer immediate care, in- cluding 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 car- diac arrest victims; (3) by setting procedures for proper mainte- nance and testing of such devices, according to the guidelines of the manufacturers of the de- vices; (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 dis- patchers, are informed about the location of automated external defibrillators in their community; and (6) by encouraging private companies, in- cluding small businesses, to purchase auto- mated external defibrillators and provide training for their employees to administer cardiopulmonary resuscitation and external automated defibrillation to cardiac arrest vic- tims in their community. (b) Preference In awarding grants under subsection (a), the Secretary shall give a preference to a State, po- litical 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 great- est commitment to establishing and maintain- ing a public access defibrillation program. (c) Use of funds A State, political subdivision of a State, In- dian tribe, or tribal organization that receives a grant under subsection (a) may use funds re- ceived 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 nation- ally recognized courses; (3) provide information to community mem- bers about the public access defibrillation pro- gram to be funded with the grant; (4) provide information to the local emer- gency medical services system regarding the placement of automated external defibrillators in public places; (5) produce materials to encourage private companies, including small businesses, to pur- chase 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 pro- vides information to increase public access to defibrillation in schools; and (7) further develop strategies to improve ac- cess to automated external defibrillators in public places. (d) Application (1) In general To be eligible to receive a grant under sub- section (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 ac- cess defibrillation program to be funded with the grant and demonstrate how such pro- gram 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 re- suscitation and the use of automated exter- nal defibrillators; (C) contain procedures for ensuring direct involvement of a licensed medical profes- sional and coordination with the local emer- gency medical services system in the over- sight of training and notification of inci- Page 168 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 244–1 1 So in original. dents of the use of the automated external defibrillators; (D) contain procedures for proper mainte- nance and testing of the automated external defibrillators, according to the labeling of the manufacturer; (E) contain procedures for ensuring notifi- cation 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 re- garding 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 ex- penses. (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 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; 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, pedi- atric 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), June 12, 2002, 116 Stat. 634, provided that: ‘‘Congress makes the following find- ings: ‘‘(1) Over 220,000 Americans die each year from car- diac arrest. Every 2 minutes, an individual goes into cardiac arrest in the United States. ‘‘(2) The chance of successfully returning to a nor- mal 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 out- side the hospital. The average national survival rate for out-of-hospital cardiac arrest is only 5 percent. ‘‘(5) Communities that have established and imple- mented 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 pro- grams ensure that cardiac arrest victims have access to early 911 notification, early cardiopulmonary re- suscitation, early defibrillation, and early advanced care.’’ § 244–1. Repealed. Pub. L. 94–484, title V, § 503(b), Oct. 12, 1976, 90 Stat. 2300 Section, act July 1, 1944, ch. 373, title III, § 312, for- merly § 306, as added Aug. 2, 1956, ch. 871, title I, § 101, 70 Stat. 923; amended July 23, 1959, Pub. L. 86–105, § 1, 73 Stat. 239; Sept 8, 1960, Pub. L. 86–720, § 1(b), 74 Stat. 820; Aug. 27, 1964, Pub. L. 88–497, § 2, 78 Stat. 613; Aug. 16, 1968, Pub. L. 90–490, title III, § 302(b), 82 Stat. 789; Mar. 12, 1970, Pub. L. 91–208, § 3, 84 Stat. 52; Oct. 30, 1970, Pub. L. 91–515, title VI, § 601(b)(2), 84 Stat. 1311; June 18, 1973, Pub. L. 93–45, title I, § 104(a), 87 Stat. 91; renumbered § 312 and amended July 23, 1974, Pub. L. 93–353, title I, § 102(b), 88 Stat. 362; Oct. 12, 1976, Pub. L. 94–484, title I, § 101(a)(1), 90 Stat. 2244, related to graduate or special- ized training for physicians, engineers, nurses, and other professional personnel. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–484, title V, § 503(c), Oct. 12, 1976, 90 Stat. 2300, provided that: ‘‘The amendments made by this section [amending former section 295f–2 of this title and repealing this section and section 245a of this title] shall take effect October 1, 1977.’’ § 244a. Materials and resources to increase edu- cation and awareness of cardiomyopathy among school administrators, educators, and families (a) Materials and resources Not later than 18 months after December 23, 2024, the Secretary, in consultation with the Di- rector of the Centers for Disease Control and Prevention, shall develop public education ma- terials and resources to be disseminated to school administrators, educators, school health professionals, coaches, families, guardians, care- givers, and other appropriate individuals. The materials and resources shall include— (1) information on the signs, symptoms, and risk factors associated with high-risk cardiac conditions and genetic heart rhythm abnor- malities that may cause sudden cardiac arrest in children, adolescents, and young adults, in- cluding— (A) cardiomyopathy; (B) long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, and Wolff- Parkinson-White syndrome; and (C) other high-risk cardiac conditions, as determined by the Secretary; (2) guidelines regarding the placement of automated external defibrillators in schools, early childhood education programs, and child care centers;