Seconds Count: Protect Good Samaritans, Don't Punish Them
Advocates nationwide work tirelessly to educate Americans about the dangers of Sudden Cardiac Arrest (SCA) and highlight lifesaving interventions, like Automated External Defibrillators (AEDs).
I’ve spent years in this fight, working to expand access to AEDs, which can often mean the difference between life and death for victims of SCA.
During my tenure as president and CEO of Lanier Upshaw in Lakeland, Florida, I made it a priority to ensure our business’s health and safety protocols encouraged the use of AEDs in times of emergency.
Having personally known SCA victims — both those saved by the deployment of an AED and those who sadly perished waiting for care — it was critical our team knew where the machines were and how to use them.
I also joined efforts in my hometown community, working with local leaders to secure funding to equip law enforcement vehicles with AEDs.
As police officers are often the first on the scene of medical emergencies, these efforts have undoubtedly saved lives.
Initiatives such as these demonstrate the power of proactive, commonsense AED policies.
SCA is a silent killer, claiming roughly 436,000 American lives each year. According to the American Heart Association, over 356,000 of those occur outside of hospitals.
Without immediate intervention, the survival rate is a dismal 10%.
However, when an AED is used within the first few minutes, survival rates can be as high as 70%. Yet far too many hesitate to use them due to fear of legal repercussions.
Good Samaritan laws, designed to protect well-meaning bystanders who assist in emergencies, often fail to provide consistent protections for AED users.
State laws vary widely — some offer broad immunity, while others impose strict limitations based on location, user training or device registration.
In some cases, businesses face risks if an AED is improperly maintained, used, or registered. This has left businesses questioning whether the burden is worth the benefit.
At my Florida-based company, our employees enjoyed sweeping liability protections under the state’s Good Samaritan laws.
However, the inconsistent legal environment nationally creates unnecessary hesitation in emergency situations. In fact, a 2020 national survey found that only 5.3% of respondents felt confident using an AED, with legal consequences cited as a leading concern.
Nowhere is this issue more apparent than in regions where state boundaries are in close proximity, for example, the Delmarva Peninsula and the DMV area; it is there, residents frequently cross jurisdictional lines.
Currently, AED regulations and liability protections differ among Virginia, Delaware, Maryland, and D.C.
Good Samaritans — who may be only minutes away from another state with different protections — should not have to worry whether they are vulnerable to being held liable depending on that specific state’s AED laws.
To eliminate this patchwork of laws and encourage increased AED use, my colleague Rep. Gerry Connolly, D-Va., and I, introduced the Cardiac Arrest Survival Act.
This bill establishes nationwide protections for individuals using AEDs in good faith, ensuring they are shielded from unnecessary legal threats.
It also safeguards organizations that provide AEDs, reducing liability concerns that discourage businesses, schools, and community centers from making these devices readily available.
By creating a uniform national standard, this legislation will remove a major obstacle to AED accessibility and increase public confidence in using these devices.
SCA survival rates plummet 7-10% every minute that passes without defibrillation. Congress must take action to improve AED access and eliminate legal barriers that prevent people from stepping up in emergencies.
Passing the Cardiac Arrest Survival Act is a crucial step toward a future in which more lives are saved from SCA.
When seconds count, Good Samaritans should not be held back by fear of legal consequences. Let’s act now to protect those who step up to save lives.
Rep. C. Scott Franklin, R-Fla., is a retired naval aviator and former business owner and represents Florida’s 18th Congressional District, including Lakeland, Lake Okeechobee, and portions of the Everglades. A member of the powerful House Appropriations Committee, Franklin serves as the Vice Chair of the Agriculture Subcommittee. He also serves on the Science, Space, and Technology committee where he serves as Chairman of the Environment Subcommittee.
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