Full Text of HB4232 93rd General Assembly
HB4232eng 93RD GENERAL ASSEMBLY
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HB4232 Engrossed |
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| AN ACT in relation to health, which may be known as the | 2 |
| Colleen O'Sullivan Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 6 |
| Physical Fitness
Facility
Medical Emergency Preparedness Act.
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| Section 5. Definitions. In this Act, words and phrases have | 8 |
| the meanings set
forth
in the following Sections.
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| Section 5.5. Automated external defibrillator. "Automated | 10 |
| external
defibrillator"
or "AED" means an automated external | 11 |
| defibrillator as defined in the Automated
External | 12 |
| Defibrillator Act.
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| Section 5.10. Department. "Department" means the | 14 |
| Department of Public
Health.
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| Section 5.15. Director. "Director" means the Director of | 16 |
| Public Health.
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| Section 5.20. Medical emergency. "Medical emergency" means | 18 |
| the occurrence of
a sudden, serious, and unexpected sickness or | 19 |
| injury that would lead a
reasonable person,
possessing an | 20 |
| average knowledge of medicine and health, to believe that the
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| sick or
injured person requires urgent or unscheduled medical | 22 |
| care.
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| Section 5.25. Physical fitness facility.
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| (a) "Physical fitness facility" means the following:
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| (1) Any of the following indoor facilities that is (i) | 26 |
| owned or operated
by a park district,
municipality, or | 27 |
| other unit of local government, including a home rule unit, |
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| or
by a public or private
elementary or
secondary school, | 2 |
| college, university, or technical or trade
school
and (ii) | 3 |
| supervised by one or more persons, other than maintenance | 4 |
| or security
personnel, employed by the unit of local
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| government, school, college, or university for the purpose | 6 |
| of directly
supervising the
physical fitness activities | 7 |
| taking place at any of these indoor facilities:
a swimming | 8 |
| pool; stadium; athletic field; track and field
facility;
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| tennis court; basketball court; or volleyball court; or | 10 |
| such facilities located
adjacent thereto.
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| (2) Except as provided in subsection (b), any other | 12 |
| indoor establishment,
whether
public or private, that
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| provides services or facilities focusing primarily on | 14 |
| cardiovascular
exertion as defined by Department rule.
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| (b) "Physical fitness facility" does not include a facility | 16 |
| serving less
than a total of 100 individuals, as further | 17 |
| defined by Department rule. In
addition, the term does not | 18 |
| include a
facility located in a
hospital or in
a hotel or | 19 |
| motel, or any outdoor facility. The term also does not include | 20 |
| any
facility that does not
employ any
persons to provide | 21 |
| instruction, training, or assistance for persons using the
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| facility.
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| Section 10. Medical emergency plan required.
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| (a) Before July 1, 2005, each person or entity, including a | 25 |
| home rule
unit, that operates a physical
fitness facility must | 26 |
| adopt and
implement
a written plan for responding to medical | 27 |
| emergencies that occur at the facility
during the
time that the | 28 |
| facility is open for use by its members or by the public. The
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| plan must
comply with this Act and rules adopted by the | 30 |
| Department to implement this Act.
The
facility must file a copy | 31 |
| of the plan with the Department.
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| (b) Whenever there is a change in the structure occupied by | 33 |
| the facility or
in
the
services provided or offered by the | 34 |
| facility that would materially affect the
facility's
ability to | 35 |
| respond to a medical emergency, the person or entity, including |
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| a
home rule unit, must promptly
update
its plan
developed under | 2 |
| subsection (a) and must file a copy of the updated plan with
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| the
Department.
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| Section 15. Automated external defibrillator required.
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| (a) By the dates specified in Section 50, every physical | 6 |
| fitness facility
must have at least one AED on the facility | 7 |
| premises. The Department
shall adopt
rules to ensure | 8 |
| coordination with local emergency medical services systems
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| regarding the
placement and use of AEDs in physical fitness | 10 |
| facilities. The Department may
adopt
rules requiring a facility | 11 |
| to have more than one AED on the premises, based on
factors
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| that include the following:
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| (1) The size of the area or the number of buildings or | 14 |
| floors occupied by
the facility.
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| (2) The number of persons using the facility, excluding | 16 |
| spectators.
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| (b) A physical fitness facility
must ensure that
there is a | 18 |
| trained
AED user on staff.
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| (c) Every physical fitness facility must ensure that every | 20 |
| AED on the
facility's
premises is properly tested and | 21 |
| maintained in accordance with rules adopted by
the
Department.
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| Section 20. Training. The Department shall adopt rules to | 23 |
| establish programs
to
train physical fitness facility staff on | 24 |
| the role of cardiopulmonary
resuscitation and the
use of | 25 |
| automated external defibrillators. The rules must be | 26 |
| consistent with
those adopted
by the Department for training | 27 |
| AED users under the Automated External
Defibrillator
Act.
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| Section 30. Inspections. The Department shall inspect a | 29 |
| physical fitness
facility in
response to a complaint filed with | 30 |
| the Department alleging a violation of this
Act. For
the | 31 |
| purpose of ensuring compliance with this Act, the Department | 32 |
| may inspect a
physical
fitness facility at other times in | 33 |
| accordance with rules adopted by the
Department.
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| Section 35. Penalties for violations.
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| (a) If a physical fitness facility violates this Act by (i) | 3 |
| failing to adopt
or
implement a plan for responding to medical | 4 |
| emergencies under Section 10 or (ii)
failing
to have on the | 5 |
| premises an AED or trained AED user as required under
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| subsection (a) or (b) of Section 15, the Director may issue to | 7 |
| the facility a
written administrative warning without monetary | 8 |
| penalty for the initial
violation. The facility may reply to | 9 |
| the Department with written comments
concerning the facility's | 10 |
| remedial response to the warning. For subsequent
violations, | 11 |
| the Director may impose a civil monetary penalty against the
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| facility as follows:
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| (1) At least $1,500 but less than $2,000 for a second
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| violation.
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| (2) At least $2,000 for a third or subsequent | 16 |
| violation.
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| (b) The Director may impose a civil monetary penalty under | 18 |
| this
Section only after it
provides the following to the | 19 |
| facility:
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| (1) Written notice of the alleged violation.
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| (2) Written notice of the facility's right to request | 22 |
| an administrative
hearing on the question of the alleged | 23 |
| violation.
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| (3) An opportunity to present evidence, orally or in | 25 |
| writing or both, on
the
question of the alleged violation | 26 |
| before an impartial hearing examiner
appointed
by the | 27 |
| Director.
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| (4) A written decision from the Director, based on the | 29 |
| evidence introduced
at the hearing and the hearing | 30 |
| examiner's recommendations, finding that the
facility | 31 |
| violated this Act and imposing the civil penalty.
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| (c) The Attorney General may bring an action in the circuit | 33 |
| court to enforce
the
collection of a monetary penalty imposed | 34 |
| under this Section.
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| (d) The fines shall be deposited into the Physical Fitness |
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| Facility
Medical Emergency Preparedness Fund to be | 2 |
| appropriated to the
Department, together with any other | 3 |
| amounts, for the costs of administering
this Act.
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| Section 40. Rules. The Department shall adopt rules to | 5 |
| implement this Act.
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| Section 45. Liability. Nothing in this Act shall be | 7 |
| construed to either
limit
or
expand the exemptions from civil | 8 |
| liability in connection with the purchase or
use of an
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| automated external defibrillator that are provided under the | 10 |
| Automated External
Defibrillator Act or under any other | 11 |
| provision of law.
A right of action does not exist in | 12 |
| connection with the use or non-use of an
automated external | 13 |
| defibrillator at a facility governed by this Act, except for | 14 |
| willful or wanton misconduct, provided
that the person, unit of | 15 |
| state or local government, or school district
operating the | 16 |
| facility has adopted a medical
emergency
plan as required under | 17 |
| Section 10 of this Act, has an automated external
defibrillator | 18 |
| at the facility as required under Section 15 of this Act, and | 19 |
| has
maintained the automated external defibrillator in | 20 |
| accordance with the rules
adopted by the Department.
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| Section 50. Compliance dates; private and public indoor | 22 |
| physical fitness
facilities.
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| (a) Privately owned indoor physical fitness facilities. | 24 |
| Every
privately owned
or operated indoor physical fitness | 25 |
| facility must be in compliance with this
Act on or
before July | 26 |
| 1, 2005.
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| (b) Publicly owned indoor physical fitness facilities. A | 28 |
| public
entity owning or
operating 4 or fewer indoor physical | 29 |
| fitness facilities must have at least one
such
facility in | 30 |
| compliance with this Act on or before July 1, 2005; its second
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| facility in compliance by July 1, 2006; its third facility in | 32 |
| compliance by
July 1, 2007; and
its fourth
facility in | 33 |
| compliance by July 1, 2008.
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| A public entity owning or operating
more than 4 indoor | 2 |
| physical fitness facilities must have 25% of those
facilities | 3 |
| in
compliance by July 1, 2005; 50% of those facilities in | 4 |
| compliance by July 1,
2006; 75% of those facilities in | 5 |
| compliance by July 1, 2007; and 100% of those
facilities in | 6 |
| compliance by July 1, 2008.
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| Section 55. Home rule. A home rule unit must comply with | 8 |
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requirements of this Act. A home rule unit may not regulate | 9 |
| physical
fitness facilities in a manner inconsistent with this | 10 |
| Act. This Section is a
limitation under subsection (i) of | 11 |
| Section 6 of Article VII of the Illinois
Constitution on the | 12 |
| concurrent exercise by home rule units of powers and
functions | 13 |
| exercised by the State.
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| Section 90. The State Finance Act is amended by adding | 15 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Physical Fitness Facility Medical | 18 |
| Emergency
Preparedness Fund.
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| Section 95. The State Mandates Act is amended by adding | 20 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 23 |
| of this
Act, no reimbursement by the State is required for the | 24 |
| implementation of
any mandate created by this amendatory Act of | 25 |
| the 93rd General Assembly.
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| Section 100. The Automated External Defibrillator Act is | 27 |
| amended by
changing Section 30 as follows:
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| (410 ILCS 4/30)
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| Sec. 30. Exemption from civil liability.
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| (a) A physician licensed in Illinois to practice medicine | 2 |
| in all its
branches who authorizes the purchase of an automated | 3 |
| external
defibrillator is not liable for civil damages as a | 4 |
| result of any act or
omission arising out of authorizing the | 5 |
| purchase of an automated external
defibrillator, except for | 6 |
| willful or wanton misconduct, if
the requirements of this Act | 7 |
| are met.
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| (b) An individual or entity providing training in the use | 9 |
| of automated
external defibrillators is not liable for civil | 10 |
| damages as a result of any act
or omission involving the use of | 11 |
| an automated external defibrillator, except
for willful or | 12 |
| wanton misconduct, if the requirements of this Act are met.
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| (c) A person , unit of State or local government, or school
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| district owning, occupying, or managing the premises where an
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| automated external defibrillator is located is not liable for | 16 |
| civil damages as
a
result of any act or omission involving the | 17 |
| use of an automated
external
defibrillator, except for willful | 18 |
| or wanton misconduct, if the requirements of
this Act are met.
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| (d) An
A trained AED user is not liable for civil damages | 20 |
| as a
result of
any act or omission involving the use of an | 21 |
| automated external defibrillator
in an emergency situation, | 22 |
| except for willful or wanton misconduct, if the
requirements of | 23 |
| this Act are met.
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| (e) This Section does not apply to a public hospital.
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| (Source: P.A. 91-524, eff. 1-1-00.)
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