Page:United States Statutes at Large Volume 114 Part 4.djvu/278

 114 STAT. 2340 PUBLIC LAW 106-505 —NOV. 13, 2000 "(d) FEDERAL JURISDICTION.— In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section exclusive of the jurisdiction of the courts of the United States. " (e) DEFINITIONS.— "(1) PERCEIVED MEDICAL EMERGENCY.— For purposes of this section, the term 'perceived medical emergency^ means circumstances in which the behavior of an individual leads a reasonable person to believe that the individusil is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. "(2) OTHER DEFINITIONS. — For purposes of this section: "(A) The term 'automated external defibrillator device' means a defibrillator device that— "(i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; "(ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; "(iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and "(iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. "(B)(i) The term 'harm' includes physical, nonphysical, economic, and noneconomic losses. "(ii) The term 'economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. "(iii) The term 'noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.". Rural Access to Subtltle B—Rural Access to Emergency Emergency i-^ • Devices Act. DeVlCCS 42 USC 254c SEC. 411. SHORT TITLE. This subtitle may be cited as the "Rural Access to Emergency Devices Act" or the "Rural AED Act". 42 USC 254c SEC. 412. FINDINGS. Congress makes the following findings: (1) Heart disease is the leading cause of death in the United States.

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