Rep. Naomi D. Jakobsson
Filed: 4/17/2007
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1 | AMENDMENT TO HOUSE BILL 313
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2 | AMENDMENT NO. ______. Amend House Bill 313, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Emergency Medical Services (EMS) Systems | ||||||
6 | Act is amended by changing Sections 3.50 and 3.150 as follows:
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7 | (210 ILCS 50/3.50)
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8 | Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
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9 | (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | ||||||
10 | a person who has successfully completed a course of
instruction | ||||||
11 | in basic life support
as prescribed by the
Department, is | ||||||
12 | currently licensed by the Department in
accordance with | ||||||
13 | standards prescribed by this Act and rules
adopted by the | ||||||
14 | Department pursuant to this Act, and practices within an EMS
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15 | System.
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16 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
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1 | means a person who has successfully completed a
course of | ||||||
2 | instruction in intermediate life support
as
prescribed by the | ||||||
3 | Department, is currently licensed by the
Department in | ||||||
4 | accordance with standards prescribed by this
Act and rules | ||||||
5 | adopted by the Department pursuant to this
Act, and practices | ||||||
6 | within an Intermediate or Advanced
Life Support EMS System.
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7 | (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | ||||||
8 | means a person who
has successfully completed a
course of | ||||||
9 | instruction in advanced life support care
as
prescribed by the | ||||||
10 | Department, is licensed by the Department
in accordance with | ||||||
11 | standards prescribed by this Act and
rules adopted by the | ||||||
12 | Department pursuant to this Act, and
practices within an | ||||||
13 | Advanced Life Support EMS System.
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14 | (d) The Department shall have the authority and
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15 | responsibility to:
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16 | (1) Prescribe education and training requirements, | ||||||
17 | which
includes training in the use of epinephrine and | ||||||
18 | instruction to check a victim's driver's license for the | ||||||
19 | presence of a do-not-resuscitate order which may appear on | ||||||
20 | that driver's license as provided in Section 6-110 of the | ||||||
21 | Illinois Vehicle Code ,
for all levels of EMT, based on the | ||||||
22 | respective national
curricula of the United States | ||||||
23 | Department of Transportation
and any modifications to such | ||||||
24 | curricula specified by the
Department through rules | ||||||
25 | adopted pursuant to this Act;
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26 | (2) Prescribe licensure testing requirements
for all |
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1 | levels of EMT, which shall include a requirement that
all | ||||||
2 | phases of instruction, training, and field experience be
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3 | completed before taking the EMT licensure examination.
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4 | Candidates may elect to take the National Registry of
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5 | Emergency Medical Technicians examination in lieu of the
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6 | Department's examination, but are responsible for making
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7 | their own arrangements for taking the National Registry
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8 | examination;
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9 | (3) License individuals as an EMT-B, EMT-I,
or EMT-P | ||||||
10 | who have met the Department's education, training and
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11 | testing requirements;
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12 | (4) Prescribe annual continuing education and
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13 | relicensure requirements for all levels of EMT , including | ||||||
14 | instruction to check a victim's driver's license for the | ||||||
15 | presence of a do-not-resuscitate order which may appear on | ||||||
16 | that driver's license as provided in Section 6-110 of the | ||||||
17 | Illinois Vehicle Code ;
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18 | (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | ||||||
19 | every 4 years, based on their compliance with
continuing | ||||||
20 | education and relicensure requirements;
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21 | (6) Grant inactive status to any EMT who
qualifies, | ||||||
22 | based on standards and procedures established by
the | ||||||
23 | Department in rules adopted pursuant to this Act;
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24 | (7) Charge each candidate for EMT a fee to be
submitted | ||||||
25 | with an application for a licensure examination;
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26 | (8) Suspend, revoke, or refuse to renew the
license of |
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1 | an EMT, after an opportunity for a hearing, when
findings | ||||||
2 | show one or more of the following:
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3 | (A) The EMT has not met continuing
education or | ||||||
4 | relicensure requirements as prescribed by the | ||||||
5 | Department;
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6 | (B) The EMT has failed to maintain
proficiency in | ||||||
7 | the level of skills for which he or she is licensed;
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8 | (C) The EMT, during the provision of
medical | ||||||
9 | services, engaged in dishonorable, unethical or
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10 | unprofessional conduct of a character likely to | ||||||
11 | deceive,
defraud or harm the public;
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12 | (D) The EMT has failed to maintain or
has violated | ||||||
13 | standards of performance and conduct as prescribed
by | ||||||
14 | the Department in rules adopted pursuant to this Act or
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15 | his or her EMS System's Program Plan;
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16 | (E) The EMT is physically impaired to
the extent | ||||||
17 | that he or she cannot physically perform the skills and
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18 | functions for which he or she is licensed, as verified | ||||||
19 | by a
physician, unless the person is on inactive status | ||||||
20 | pursuant
to Department regulations;
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21 | (F) The EMT is mentally impaired to the
extent that | ||||||
22 | he or she cannot exercise the appropriate judgment,
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23 | skill and safety for performing the functions for which | ||||||
24 | he
or she is licensed, as verified by a physician, | ||||||
25 | unless the person
is on inactive status pursuant to | ||||||
26 | Department regulations; or
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1 | (G) The EMT has violated this Act or any
rule | ||||||
2 | adopted by the Department pursuant to this Act. | ||||||
3 | The education requirements prescribed by the Department | ||||||
4 | under this subsection must allow for the suspension of those | ||||||
5 | requirements in the case of a member of the armed services or | ||||||
6 | reserve forces of the United States or a member of the Illinois | ||||||
7 | National Guard who is on active duty pursuant to an executive | ||||||
8 | order of the President of the United States, an act of the | ||||||
9 | Congress of the United States, or an order of the Governor at | ||||||
10 | the time that the member would otherwise be required to fulfill | ||||||
11 | a particular education requirement. Such a person must fulfill | ||||||
12 | the education requirement within 6 months after his or her | ||||||
13 | release from active duty.
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14 | (e) In the event that any rule of the
Department or an EMS | ||||||
15 | Medical Director that requires testing for drug
use as a | ||||||
16 | condition for EMT licensure conflicts with or
duplicates a | ||||||
17 | provision of a collective bargaining agreement
that requires | ||||||
18 | testing for drug use, that rule shall not
apply to any person | ||||||
19 | covered by the collective bargaining
agreement.
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20 | (Source: P.A. 94-504, eff. 8-8-05.)
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21 | (210 ILCS 50/3.150)
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22 | Sec. 3.150. Immunity from civil liability.
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23 | (a) Any person, agency or governmental body certified,
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24 | licensed or authorized pursuant to this Act or rules
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25 | thereunder, who in good faith provides emergency or
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1 | non-emergency medical services during a Department approved
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2 | training course, in the normal course of conducting their
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3 | duties, or in an emergency, shall not be civilly liable as a
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4 | result of their acts or omissions in providing such services
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5 | unless such acts or omissions, including the bypassing of
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6 | nearby hospitals or medical facilities , and providing | ||||||
7 | cardiopulmonary resuscitation to a victim whose driver's | ||||||
8 | license contained a do-not-resuscitate order, in accordance | ||||||
9 | with
the protocols developed pursuant to this Act, constitute
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10 | willful and wanton misconduct.
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11 | (b) No person, including any private or
governmental | ||||||
12 | organization or institution that administers, sponsors,
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13 | authorizes, supports, finances, educates or supervises the
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14 | functions of emergency medical services personnel certified,
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15 | licensed or authorized pursuant to this Act, including
persons | ||||||
16 | participating in a Department approved training
program, shall | ||||||
17 | be liable for any civil damages for any act
or omission in | ||||||
18 | connection with administration, sponsorship,
authorization, | ||||||
19 | support, finance, education or supervision of
such emergency | ||||||
20 | medical services personnel, where the act or
omission occurs in | ||||||
21 | connection with activities within the
scope of this Act, unless | ||||||
22 | the act or omission was the result
of willful and wanton | ||||||
23 | misconduct.
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24 | (c) Exemption from civil liability for emergency care is as | ||||||
25 | provided in
the Good Samaritan Act , including exemption from | ||||||
26 | liability for providing cardiopulmonary resuscitation to a |
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1 | victim whose driver's license contained a do-not-resuscitate | ||||||
2 | order .
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3 | (d) No local agency, entity of State or local
government, | ||||||
4 | or other public or private organization, nor any
officer, | ||||||
5 | director, trustee, employee, consultant or agent of
any such | ||||||
6 | entity, which sponsors, authorizes, supports,
finances, or | ||||||
7 | supervises the training of persons in a basic
cardiopulmonary | ||||||
8 | resuscitation course which complies with
generally recognized | ||||||
9 | standards, shall be liable for damages
in any civil action | ||||||
10 | based on the training of such persons
unless an act or omission | ||||||
11 | during the course of instruction
constitutes willful and wanton | ||||||
12 | misconduct.
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13 | (e) No person who is certified to teach basic
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14 | cardiopulmonary resuscitation, and who teaches a course of
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15 | instruction which complies with generally recognized
standards | ||||||
16 | for basic cardiopulmonary resuscitation, shall be
liable for | ||||||
17 | damages in any civil action based on the acts or
omissions of a | ||||||
18 | person who received such instruction, unless
an act or omission | ||||||
19 | during the course of such instruction
constitutes willful and | ||||||
20 | wanton misconduct.
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21 | (f) No member or alternate of the State Emergency
Medical | ||||||
22 | Services Disciplinary Review Board or a local System
review | ||||||
23 | board who in good faith exercises his
responsibilities under | ||||||
24 | this Act shall be liable for damages
in any civil action based | ||||||
25 | on such activities unless an act
or omission during the course | ||||||
26 | of such activities constitutes
willful and wanton misconduct.
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1 | (g) No EMS Medical Director who in good faith
exercises his | ||||||
2 | responsibilities under this Act
shall be liable for
damages in | ||||||
3 | any civil action based on such activities unless
an act or | ||||||
4 | omission during the course of such activities
constitutes | ||||||
5 | willful and wanton misconduct.
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6 | (h) Nothing in this Act shall be construed to
create a | ||||||
7 | cause of action or any civil liabilities.
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8 | (Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
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9 | Section 10. The Illinois Vehicle Code is amended by | ||||||
10 | changing Section 6-110 as follows: | ||||||
11 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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12 | Sec. 6-110. Licenses issued to drivers.
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13 | (a) The Secretary of State shall issue to every qualifying | ||||||
14 | applicant a
driver's license as applied for, which license | ||||||
15 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
16 | the legal name,
zip
code, date of birth, residence address, and | ||||||
17 | a brief description of the
licensee, and
a space where the | ||||||
18 | licensee may write his usual signature.
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19 | If the licensee is less than 17 years of age, the license | ||||||
20 | shall, as a
matter of law, be invalid for the operation of any | ||||||
21 | motor vehicle during
any time the licensee is prohibited from | ||||||
22 | being on any street or highway
under the provisions of the | ||||||
23 | Child Curfew Act.
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24 | Licenses issued shall also indicate the classification and
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1 | the restrictions under Section 6-104 of this Code.
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2 | In lieu of the social security number, the Secretary may in | ||||||
3 | his
discretion substitute a federal tax number or other | ||||||
4 | distinctive number.
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5 | A driver's license issued may, in the discretion of the | ||||||
6 | Secretary,
include a suitable photograph of a type prescribed | ||||||
7 | by the Secretary.
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8 | (b) Until the Secretary of State establishes a First Person | ||||||
9 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
10 | this Code, the Secretary of State shall provide a format on the | ||||||
11 | reverse of
each driver's license issued which the licensee may | ||||||
12 | use to execute a document
of gift conforming to the provisions | ||||||
13 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
14 | licensee to indicate the gift intended, whether
specific | ||||||
15 | organs, any organ, or the entire body, and shall accommodate | ||||||
16 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
17 | shall also inform
each applicant or licensee of this format, | ||||||
18 | describe the procedure for its
execution, and may offer the | ||||||
19 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
20 | shall advise the applicant or licensee that he or she is
under | ||||||
21 | no compulsion to execute a document of gift. A brochure
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22 | explaining this method of executing an anatomical gift document | ||||||
23 | shall be given
to each applicant or licensee. The brochure | ||||||
24 | shall advise the applicant or
licensee that he or she is under | ||||||
25 | no compulsion to execute a document of
gift, and that he or she | ||||||
26 | may wish to consult with family, friends or clergy
before doing |
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1 | so. The Secretary of State may undertake additional efforts,
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2 | including education and awareness activities, to promote organ | ||||||
3 | and tissue
donation.
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4 | (c) The Secretary of State shall designate on each driver's | ||||||
5 | license issued
a space where the licensee may place a sticker | ||||||
6 | or decal of the uniform
size as the Secretary may specify, | ||||||
7 | which sticker or decal may indicate in
appropriate language | ||||||
8 | that the owner of the license carries an Emergency
Medical | ||||||
9 | Information Card.
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10 | The sticker may be provided by any person, hospital, | ||||||
11 | school,
medical group, or association interested in assisting | ||||||
12 | in implementing
the Emergency Medical Information Card, but | ||||||
13 | shall meet the specifications
as the Secretary may by rule or | ||||||
14 | regulation require.
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15 | (d) The Secretary of State shall designate on each driver's | ||||||
16 | license issued
a space where the licensee may indicate his | ||||||
17 | blood type and RH factor.
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18 | (e) The Secretary of State shall provide
that each original | ||||||
19 | or renewal driver's license issued to a licensee under
21 years | ||||||
20 | of age shall be of a distinct nature from those driver's | ||||||
21 | licenses
issued to individuals 21 years of age and older. The | ||||||
22 | color designated for
driver's licenses for licensees under 21 | ||||||
23 | years of age shall be at the
discretion of the Secretary of | ||||||
24 | State.
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25 | (e-1) The Secretary shall provide that each driver's | ||||||
26 | license issued to a
person under the age of 21 displays the |
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1 | date upon which the person becomes 18
years of age and the date | ||||||
2 | upon which the person becomes 21 years of age.
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3 | (f) The Secretary of State shall inform all Illinois | ||||||
4 | licensed
commercial motor vehicle operators of the | ||||||
5 | requirements of the Uniform
Commercial Driver License Act, | ||||||
6 | Article V of this Chapter, and shall make
provisions to insure | ||||||
7 | that all drivers, seeking to obtain a commercial
driver's | ||||||
8 | license, be afforded an opportunity prior to April 1, 1992, to
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9 | obtain the license. The Secretary is authorized to extend
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10 | driver's license expiration dates, and assign specific times, | ||||||
11 | dates and
locations where these commercial driver's tests shall | ||||||
12 | be conducted. Any
applicant, regardless of the current | ||||||
13 | expiration date of the applicant's
driver's license, may be | ||||||
14 | subject to any assignment by the Secretary.
Failure to comply | ||||||
15 | with the Secretary's assignment may result in the
applicant's | ||||||
16 | forfeiture of an opportunity to receive a commercial driver's
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17 | license prior to April 1, 1992.
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18 | (g) The Secretary of State shall designate on a
driver's | ||||||
19 | license issued, a space where the licensee may indicate that he | ||||||
20 | or
she has drafted a living will in accordance with the | ||||||
21 | Illinois Living Will
Act or a durable power of attorney for | ||||||
22 | health care in accordance with the
Illinois Power of Attorney | ||||||
23 | Act.
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24 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
25 | designate on
each driver's license issued a space where the | ||||||
26 | licensee may place a sticker or
decal, issued by the Secretary |
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1 | of State, of uniform size as the Secretary may
specify, that | ||||||
2 | shall indicate in appropriate language that the owner of the
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3 | license has renewed his or her driver's license. | ||||||
4 | (g-5) The Secretary of State, in his or her discretion, may | ||||||
5 | designate on each driver's license issued a space where the | ||||||
6 | licensee may place a sticker or decal, issued by the Secretary | ||||||
7 | of State, of uniform size as the Secretary may specify, on | ||||||
8 | which the words "Do not resuscitate." shall appear.
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9 | (h) A person who acts in good faith in accordance with the | ||||||
10 | terms of
this Section is not liable for damages in any civil | ||||||
11 | action or subject to
prosecution in any criminal proceeding for | ||||||
12 | his or her act.
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13 | (Source: P.A. 93-794, eff. 7-22-04; 93-895, eff. 1-1-05; 94-75, | ||||||
14 | eff. 1-1-06; 94-930, eff. 6-26-06.)
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15 | Section 15. The Good Samaritan Act is amended by changing | ||||||
16 | Section 10 as follows:
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17 | (745 ILCS 49/10)
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18 | Sec. 10. Cardiopulmonary resuscitation; exemption from | ||||||
19 | civil liability
for emergency care. Any person currently | ||||||
20 | certified in basic
cardiopulmonary resuscitation who complies | ||||||
21 | with generally
recognized standards, and who in good faith, not | ||||||
22 | for
compensation, provides emergency cardiopulmonary
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23 | resuscitation to a person who is an apparent victim of acute
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24 | cardiopulmonary insufficiency shall not, as the result of
his |
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1 | or her acts or omissions in providing resuscitation, be
liable | ||||||
2 | for civil damages, unless the acts or omissions
constitute | ||||||
3 | willful and wanton misconduct. The exemption from liability | ||||||
4 | provided by this Section also applies to a person who provides | ||||||
5 | emergency cardiopulmonary resuscitation to a victim on whose | ||||||
6 | driver's license the words "Do not resuscitate." appeared as | ||||||
7 | provided in Section 6-110 of the Illinois Vehicle Code, unless | ||||||
8 | providing cardiopulmonary resuscitation to that person | ||||||
9 | constituted willful and wanton misconduct.
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10 | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)".
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