Sen. Martin A. Sandoval
Filed: 4/27/2004
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1 | AMENDMENT TO HOUSE BILL 4232
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2 | AMENDMENT NO. ______. Amend House Bill 4232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Physical Fitness
Facility
Medical Emergency Preparedness Act.
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6 | Section 5. Definitions. In this Act, words and phrases have | ||||||
7 | the meanings set
forth
in the following Sections.
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8 | Section 5.5. Automated external defibrillator. "Automated | ||||||
9 | external
defibrillator"
or "AED" means an automated external | ||||||
10 | defibrillator as defined in the Automated
External | ||||||
11 | Defibrillator Act.
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12 | Section 5.10. Department. "Department" means the | ||||||
13 | Department of Public
Health.
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14 | Section 5.15. Director. "Director" means the Director of | ||||||
15 | Public Health.
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16 | Section 5.20. Medical emergency. "Medical emergency" means | ||||||
17 | the occurrence of
a sudden, serious, and unexpected sickness or | ||||||
18 | injury that would lead a
reasonable person,
possessing an | ||||||
19 | average knowledge of medicine and health, to believe that the
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20 | sick or
injured person requires urgent or unscheduled medical |
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1 | care.
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2 | Section 5.25. Physical fitness facility.
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3 | (a) "Physical fitness facility" means the following:
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4 | (1) Any of the following indoor facilities that is (i) | ||||||
5 | owned or operated
by a park district,
municipality, or | ||||||
6 | other unit of local government, including a home rule unit, | ||||||
7 | or
by a public or private
elementary or
secondary school, | ||||||
8 | college, university, or technical or trade
school
and (ii) | ||||||
9 | supervised by one or more persons, other than maintenance | ||||||
10 | or security
personnel, employed by the unit of local
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11 | government, school, college, or university for the purpose | ||||||
12 | of directly
supervising the
physical fitness activities | ||||||
13 | taking place at any of these indoor facilities:
a swimming | ||||||
14 | pool; stadium; athletic field; track and field
facility;
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15 | tennis court; basketball court; or volleyball court; or | ||||||
16 | such facilities located
adjacent thereto.
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17 | (2) Except as provided in subsection (b), any other | ||||||
18 | indoor establishment,
whether
public or private, that
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19 | provides services or facilities focusing primarily on | ||||||
20 | cardiovascular
exertion as defined by Department rule.
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21 | (b) "Physical fitness facility" does not include a facility | ||||||
22 | serving less
than a total of 100 individuals, as further | ||||||
23 | defined by Department rule. In
addition, the term does not | ||||||
24 | include a
facility located in a
hospital or in
a hotel or | ||||||
25 | motel, or any outdoor facility. The term also does not include | ||||||
26 | any
facility that does not
employ any
persons to provide | ||||||
27 | instruction, training, or assistance for persons using the
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28 | facility.
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29 | Section 10. Medical emergency plan required.
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30 | (a) Before July 1, 2005, each person or entity, including a | ||||||
31 | home rule
unit, that operates a physical
fitness facility must | ||||||
32 | adopt and
implement
a written plan for responding to medical |
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1 | emergencies that occur at the facility
during the
time that the | ||||||
2 | facility is open for use by its members or by the public. The
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3 | plan must
comply with this Act and rules adopted by the | ||||||
4 | Department to implement this Act.
The
facility must file a copy | ||||||
5 | of the plan with the Department.
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6 | (b) Whenever there is a change in the structure occupied by | ||||||
7 | the facility or
in
the
services provided or offered by the | ||||||
8 | facility that would materially affect the
facility's
ability to | ||||||
9 | respond to a medical emergency, the person or entity, including | ||||||
10 | a
home rule unit, must promptly
update
its plan
developed under | ||||||
11 | subsection (a) and must file a copy of the updated plan with
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12 | the
Department.
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13 | Section 15. Automated external defibrillator required.
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14 | (a) By the dates specified in Section 50, every physical | ||||||
15 | fitness facility
must have at least one AED on the facility | ||||||
16 | premises. The Department
shall adopt
rules to ensure | ||||||
17 | coordination with local emergency medical services systems
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18 | regarding the
placement and use of AEDs in physical fitness | ||||||
19 | facilities. The Department may
adopt
rules requiring a facility | ||||||
20 | to have more than one AED on the premises, based on
factors
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21 | that include the following:
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22 | (1) The size of the area or the number of buildings or | ||||||
23 | floors occupied by
the facility.
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24 | (2) The number of persons using the facility, excluding | ||||||
25 | spectators.
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26 | (b) A physical fitness facility
must ensure that
there is a | ||||||
27 | trained
AED user on staff.
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28 | (c) Every physical fitness facility must ensure that every | ||||||
29 | AED on the
facility's
premises is properly tested and | ||||||
30 | maintained in accordance with rules adopted by
the
Department.
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31 | Section 20. Training. The Department shall adopt rules to | ||||||
32 | establish programs
to
train physical fitness facility staff on |
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1 | the role of cardiopulmonary
resuscitation and the
use of | ||||||
2 | automated external defibrillators. The rules must be | ||||||
3 | consistent with
those adopted
by the Department for training | ||||||
4 | AED users under the Automated External
Defibrillator
Act.
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5 | Section 30. Inspections. The Department shall inspect a | ||||||
6 | physical fitness
facility in
response to a complaint filed with | ||||||
7 | the Department alleging a violation of this
Act. For
the | ||||||
8 | purpose of ensuring compliance with this Act, the Department | ||||||
9 | may inspect a
physical
fitness facility at other times in | ||||||
10 | accordance with rules adopted by the
Department.
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11 | Section 35. Penalties for violations.
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12 | (a) If a physical fitness facility violates this Act by (i) | ||||||
13 | failing to adopt
or
implement a plan for responding to medical | ||||||
14 | emergencies under Section 10 or (ii)
failing
to have on the | ||||||
15 | premises an AED or trained AED user as required under
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16 | subsection (a) or (b) of Section 15, the Director may issue to | ||||||
17 | the facility a
written administrative warning without monetary | ||||||
18 | penalty for the initial
violation. The facility may reply to | ||||||
19 | the Department with written comments
concerning the facility's | ||||||
20 | remedial response to the warning. For subsequent
violations, | ||||||
21 | the Director may impose a civil monetary penalty against the
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22 | facility as follows:
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23 | (1) At least $1,500 but less than $2,000 for a second
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24 | violation.
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25 | (2) At least $2,000 for a third or subsequent | ||||||
26 | violation.
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27 | (b) The Director may impose a civil monetary penalty under | ||||||
28 | this
Section only after it
provides the following to the | ||||||
29 | facility:
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30 | (1) Written notice of the alleged violation.
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31 | (2) Written notice of the facility's right to request | ||||||
32 | an administrative
hearing on the question of the alleged |
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1 | violation.
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2 | (3) An opportunity to present evidence, orally or in | ||||||
3 | writing or both, on
the
question of the alleged violation | ||||||
4 | before an impartial hearing examiner
appointed
by the | ||||||
5 | Director.
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6 | (4) A written decision from the Director, based on the | ||||||
7 | evidence introduced
at the hearing and the hearing | ||||||
8 | examiner's recommendations, finding that the
facility | ||||||
9 | violated this Act and imposing the civil penalty.
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10 | (c) The Attorney General may bring an action in the circuit | ||||||
11 | court to enforce
the
collection of a monetary penalty imposed | ||||||
12 | under this Section.
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13 | (d) The fines shall be deposited into the Physical Fitness | ||||||
14 | Facility
Medical Emergency Preparedness Fund to be | ||||||
15 | appropriated to the
Department, together with any other | ||||||
16 | amounts, for the costs of administering
this Act.
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17 | Section 40. Rules. The Department shall adopt rules to | ||||||
18 | implement this Act.
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19 | Section 45. Liability. Nothing in this Act shall be | ||||||
20 | construed to either
limit
or
expand the exemptions from civil | ||||||
21 | liability in connection with the purchase or
use of an
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22 | automated external defibrillator that are provided under the | ||||||
23 | Automated External
Defibrillator Act or under any other | ||||||
24 | provision of law.
A right of action does not exist in | ||||||
25 | connection with the use or non-use of an
automated external | ||||||
26 | defibrillator at a facility governed by this Act, except for | ||||||
27 | willful or wanton misconduct, provided
that the person, unit of | ||||||
28 | state or local government, or school district
operating the | ||||||
29 | facility has adopted a medical
emergency
plan as required under | ||||||
30 | Section 10 of this Act, has an automated external
defibrillator | ||||||
31 | at the facility as required under Section 15 of this Act, and | ||||||
32 | has
maintained the automated external defibrillator in |
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1 | accordance with the rules
adopted by the Department.
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2 | Section 50. Compliance dates; private and public indoor | ||||||
3 | physical fitness
facilities.
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4 | (a) Privately owned indoor physical fitness facilities. | ||||||
5 | Every
privately owned
or operated indoor physical fitness | ||||||
6 | facility must be in compliance with this
Act on or
before July | ||||||
7 | 1, 2006.
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8 | (b) Publicly owned indoor physical fitness facilities. A | ||||||
9 | public
entity owning or
operating 4 or fewer indoor physical | ||||||
10 | fitness facilities must have at least one
such
facility in | ||||||
11 | compliance with this Act on or before July 1, 2006; its second
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12 | facility in compliance by July 1, 2007; its third facility in | ||||||
13 | compliance by
July 1, 2008; and
its fourth
facility in | ||||||
14 | compliance by July 1, 2009.
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15 | A public entity owning or operating
more than 4 indoor | ||||||
16 | physical fitness facilities must have 25% of those
facilities | ||||||
17 | in
compliance by July 1, 2006; 50% of those facilities in | ||||||
18 | compliance by July 1,
2007; 75% of those facilities in | ||||||
19 | compliance by July 1, 2008; and 100% of those
facilities in | ||||||
20 | compliance by July 1, 2009.
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21 | Section 55. Home rule. A home rule unit must comply with | ||||||
22 | the
requirements of this Act. A home rule unit may not regulate | ||||||
23 | physical
fitness facilities in a manner inconsistent with this | ||||||
24 | Act. This Section is a
limitation under subsection (i) of | ||||||
25 | Section 6 of Article VII of the Illinois
Constitution on the | ||||||
26 | concurrent exercise by home rule units of powers and
functions | ||||||
27 | exercised by the State.
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28 | Section 90. The State Finance Act is amended by adding | ||||||
29 | Section
5.625 as follows:
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30 | (30 ILCS 105/5.625 new)
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1 | Sec. 5.625. The Physical Fitness Facility Medical | ||||||
2 | Emergency
Preparedness Fund.
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3 | Section 95. The State Mandates Act is amended by adding | ||||||
4 | Section 8.28 as
follows:
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5 | (30 ILCS 805/8.28 new)
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6 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
7 | of this
Act, no reimbursement by the State is required for the | ||||||
8 | implementation of
any mandate created by this amendatory Act of | ||||||
9 | the 93rd General Assembly.
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10 | Section 100. The Automated External Defibrillator Act is | ||||||
11 | amended by
changing Section 30 as follows:
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12 | (410 ILCS 4/30)
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13 | Sec. 30. Exemption from civil liability.
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14 | (a) A physician licensed in Illinois to practice medicine | ||||||
15 | in all its
branches who authorizes the purchase of an automated | ||||||
16 | external
defibrillator is not liable for civil damages as a | ||||||
17 | result of any act or
omission arising out of authorizing the | ||||||
18 | purchase of an automated external
defibrillator, except for | ||||||
19 | willful or wanton misconduct, if
the requirements of this Act | ||||||
20 | are met.
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21 | (b) An individual or entity providing training in the use | ||||||
22 | of automated
external defibrillators is not liable for civil | ||||||
23 | damages as a result of any act
or omission involving the use of | ||||||
24 | an automated external defibrillator, except
for willful or | ||||||
25 | wanton misconduct, if the requirements of this Act are met.
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26 | (c) A person , unit of State or local government, or school
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27 | district owning, occupying, or managing the premises where an
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28 | automated external defibrillator is located is not liable for | ||||||
29 | civil damages as
a
result of any act or omission involving the | ||||||
30 | use of an automated
external
defibrillator, except for willful |
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1 | or wanton misconduct, if the requirements of
this Act are met.
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2 | (d) An
A trained AED user is not liable for civil damages | ||||||
3 | as a
result of
any act or omission involving the use of an | ||||||
4 | automated external defibrillator
in an emergency situation, | ||||||
5 | except for willful or wanton misconduct, if the
requirements of | ||||||
6 | this Act are met.
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7 | (e) This Section does not apply to a public hospital.
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8 | (Source: P.A. 91-524, eff. 1-1-00.)".
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