Full Text of HB0730 95th General Assembly
HB0730 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0730
Introduced 2/7/2007, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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210 ILCS 74/45 |
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410 ILCS 4/20 |
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410 ILCS 4/30 |
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745 ILCS 49/12 |
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Amends the Physical Fitness Facility Medical Emergency Preparedness Act, the Automated External Defibrillator Act, and the Good Samaritan Act. Deletes a provision requiring a person, unit of state or local government, or school district
operating a physical fitness facility to adopt a medical
emergency
plan, to have an Automated External
Defibrillator (AED) at the facility, and maintain the AED in accordance with certain standards in order to avoid civil liability. Deletes provisions requiring a person who acquires an AED to take reasonable measures to ensure that the AED is used by only trained AED users and that the AED is registered with the EMS
system hospital in the vicinity of where the AED
will primarily be located. Adds a provision requiring that a person who acquires an AED take reasonable measures to ensure that any person considered to be an anticipated rescuer or user will have successfully completed a course of instruction in accordance with the standards of a nationally recognized organization or a course of instruction in accordance with the rules adopted under the Act to use an AED and to perform cardiovascular resuscitation (CPR). In a Section involving exemption from civil liability, deletes provisions mandating the requirements of the Act to be met in order for certain persons to avoid civil liability in relation to an act or omission involving an AED. Provides that any person who in good faith, not for compensation, renders
emergency medical care involving the use of an AED in accordance with his or her training is
not liable for any civil damages as a result of any act or
omission, except for willful and wanton misconduct, by that
person in rendering that care (now, any person who has
successfully completed the training requirements of a course in
basic emergency care of a person in cardiac arrest that included training in the operation and use of an AED and was conducted in accordance with the standards of the
American Heart Association). Effective immediately.
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A BILL FOR
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HB0730 |
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LRB095 04021 KBJ 24058 b |
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| AN ACT concerning public health.
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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 5. The Physical Fitness
Facility
Medical Emergency | 5 |
| Preparedness Act is amended by changing Section 45 as follows: | 6 |
| (210 ILCS 74/45)
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| Sec. 45. Liability. Nothing in this Act shall be construed | 8 |
| to either
limit
or
expand the exemptions from civil liability | 9 |
| in connection with the purchase or
use of an
automated external | 10 |
| defibrillator that are provided under the Automated External
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| Defibrillator Act or under any other provision of law.
A right | 12 |
| of action does not exist in connection with the use or non-use | 13 |
| of an
automated external defibrillator at a facility governed | 14 |
| by this Act, except for willful or wanton misconduct , provided
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| that the person, unit of state or local government, or school | 16 |
| district
operating the facility has adopted a medical
emergency
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| plan as required under Section 10 of this Act, has an automated | 18 |
| external
defibrillator at the facility as required under | 19 |
| Section 15 of this Act, and has
maintained the automated | 20 |
| external defibrillator in accordance with the rules
adopted by | 21 |
| the Department .
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| (Source: P.A. 93-910, eff. 1-1-05.) |
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HB0730 |
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LRB095 04021 KBJ 24058 b |
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| Section 10. The Automated External Defibrillator Act is | 2 |
| amended by changing Sections 20 and 30 as follows:
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| (410 ILCS 4/20)
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| Sec. 20. Maintenance; oversight.
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| (a) A person acquiring an automated
external defibrillator | 6 |
| shall take reasonable measures to ensure that:
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| (1) (blank)
the automated external defibrillator is | 8 |
| used only by trained AED
users ;
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| (2) the automated external defibrillator is
maintained | 10 |
| and tested according to the manufacturer's
guidelines;
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| (3) any person considered to be an anticipated rescuer | 12 |
| or user will have successfully completed a course of | 13 |
| instruction in accordance with the standards of a | 14 |
| nationally recognized organization such as the American | 15 |
| Red Cross of the American Heart Association or a course of | 16 |
| instruction in accordance with the rules adopted under this | 17 |
| Act to use an automated external defibrillator and to | 18 |
| perform cardiovascular resuscitation (CPR);
the automated | 19 |
| external defibrillator is registered with the EMS
system | 20 |
| hospital in the vicinity of where the automated external | 21 |
| defibrillator
will primarily be located which shall | 22 |
| oversee utilization of the automated
external | 23 |
| defibrillator and ensure that training and maintenance | 24 |
| requirements
are met; and
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| (4) any person who renders
out-of-hospital
emergency |
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HB0730 |
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LRB095 04021 KBJ 24058 b |
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| care or
treatment to a person in cardiac arrest by using an
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| automated external defibrillator activates the EMS system
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| as soon as possible and reports any
clinical use of the | 4 |
| automated external defibrillator.
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| (b) A person in possession of an automated
external | 6 |
| defibrillator shall notify an agent of the local
emergency | 7 |
| communications or vehicle dispatch center of the
existence, | 8 |
| location, and type of the automated external
defibrillator.
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| (Source: P.A. 91-524, eff. 1-1-00.)
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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 | 13 |
| in all its
branches who authorizes the purchase of an automated | 14 |
| external
defibrillator is not liable for civil damages as a | 15 |
| result of any act or
omission arising out of authorizing the | 16 |
| purchase of an automated external
defibrillator, except for | 17 |
| willful or wanton misconduct , if
the requirements of this Act | 18 |
| are met .
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| (b) An individual or entity providing training in the use | 20 |
| of automated
external defibrillators is not liable for civil | 21 |
| damages as a result of any act
or omission involving the use of | 22 |
| an automated external defibrillator, except
for willful or | 23 |
| 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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HB0730 |
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LRB095 04021 KBJ 24058 b |
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| automated external defibrillator is located is not liable for | 2 |
| civil damages as
a
result of any act or omission involving the | 3 |
| use of an automated
external
defibrillator, except for willful | 4 |
| or wanton misconduct, if the requirements of
this Act are met .
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| (d) An AED user is not liable for civil damages as a
result | 6 |
| of
any act or omission involving the use of an automated | 7 |
| external defibrillator
in an emergency situation, except for | 8 |
| willful or wanton misconduct , if the
requirements of this Act | 9 |
| are met .
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| (e) This Section does not apply to a public hospital.
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| (Source: P.A. 93-910, eff. 1-1-05.)
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| Section 15. The Good Samaritan Act is amended by changing | 13 |
| Section 12 as follows:
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| (745 ILCS 49/12)
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| Sec. 12. Use of an automatic external defibrillator; | 16 |
| exemption
from civil liability for emergency care. Any person | 17 |
| who has
successfully completed the training requirements of a | 18 |
| course in
basic emergency care of a person in cardiac arrest | 19 |
| that:
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| (i) included training in the operation and use of an | 21 |
| automatic
external defibrillator; and
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| (ii) was conducted in accordance with the standards of | 23 |
| the
American Heart Association,
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| and who, in good faith, not for compensation, renders
emergency |
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HB0730 |
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LRB095 04021 KBJ 24058 b |
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| medical care involving the use of an automatic
external | 2 |
| defibrillator in accordance with his or her training is
not | 3 |
| liable for any civil damages as a result of any act or
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| omission, except for willful and wanton misconduct, by that
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| person in rendering that care.
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| (Source: P.A. 90-746, eff. 8-14-98.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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