Full Text of SB0404 95th General Assembly
SB0404ham001 95TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 5/16/2007
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LRB095 07684 DRJ 36257 a |
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| AMENDMENT TO SENATE BILL 404
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| AMENDMENT NO. ______. Amend Senate Bill 404 by replacing | 3 |
| lines 20 through 24 on page 3 and lines 1 through 14 on page 4 | 4 |
| with the following:
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| "Section 10. The Automated External Defibrillator Act is | 6 |
| amended by changing Section 20 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 | 10 |
| shall take reasonable measures to ensure that:
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| (1) (blank)
the automated external defibrillator is | 12 |
| used only by trained AED
users ;
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| (2) the automated external defibrillator is
maintained | 14 |
| and tested according to the manufacturer's
guidelines;
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| (3) any person considered to be an anticipated rescuer | 16 |
| or user will have successfully completed a course of |
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LRB095 07684 DRJ 36257 a |
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| instruction in accordance with the standards of a | 2 |
| nationally recognized organization, such as the American | 3 |
| Red Cross or the American Heart Association, or a course of | 4 |
| instruction in accordance with existing rules under this | 5 |
| Act to use an automated external defibrillator and to | 6 |
| perform cardiovascular resuscitation (CPR);
the automated | 7 |
| external defibrillator is registered with the EMS
system | 8 |
| hospital in the vicinity of where the automated external | 9 |
| defibrillator
will primarily be located which shall | 10 |
| oversee utilization of the automated
external | 11 |
| defibrillator and ensure that training and maintenance | 12 |
| requirements
are met; and
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| (4) any person who renders
out-of-hospital
emergency | 14 |
| 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 | 17 |
| automated external defibrillator.
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| (b) A person in possession of an automated
external | 19 |
| defibrillator shall notify an agent of the local
emergency | 20 |
| communications or vehicle dispatch center of the
existence, | 21 |
| 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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| Section 15. The Good Samaritan Act is amended by changing | 24 |
| Section 12 and by adding Section 68 as follows:
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LRB095 07684 DRJ 36257 a |
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| (745 ILCS 49/12)
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| Sec. 12. Use of an automated
automatic external | 3 |
| defibrillator; exemption
from civil liability for emergency | 4 |
| care. As provided in Section 30 of the Automated External | 5 |
| Defibrillator Act, any automated external defibrillator user | 6 |
| who
Any person who has
successfully completed the training | 7 |
| requirements of a course in
basic emergency care of a person in | 8 |
| cardiac arrest that:
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| (i) included training in the operation and use of an | 10 |
| automatic
external defibrillator; and
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| (ii) was conducted in accordance with the standards of | 12 |
| the
American Heart Association,
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| and who, in good faith and without fee or compensation , not for | 14 |
| compensation, renders
emergency medical care involving the use | 15 |
| of an automated
automatic
external defibrillator in accordance | 16 |
| with his or her training is
not liable for any civil damages as | 17 |
| a result of any act or
omission, except for willful and wanton | 18 |
| misconduct, by that
person in rendering that care.
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| (Source: P.A. 90-746, eff. 8-14-98.)
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| (745 ILCS 49/68 new) | 21 |
| Sec. 68. Disaster Relief Volunteers. Any firefighter, | 22 |
| licensed emergency medical technician (EMT) as defined by | 23 |
| Section 3.50 of the Emergency Medical Services (EMS) Systems | 24 |
| Act, physician, dentist, podiatrist, optometrist, pharmacist, | 25 |
| advanced practice nurse, physician assistant, or nurse who in |
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| good faith and without fee or compensation provides health care | 2 |
| services as a disaster relief volunteer shall not, as a result | 3 |
| of his or her acts or omissions, except willful and wanton | 4 |
| misconduct on the part of the person, in providing health care | 5 |
| services, be liable to a person to whom the health care | 6 |
| services are provided for civil damages. This immunity applies | 7 |
| to health care services that are provided without fee or | 8 |
| compensation during or within 10 days following the end of a | 9 |
| disaster or catastrophic event. | 10 |
| The immunity provided in this Section only applies to a | 11 |
| disaster relief volunteer who provides health care services in | 12 |
| relief of an earthquake, hurricane, tornado, nuclear attack, | 13 |
| terrorist attack, epidemic, or pandemic without fee or | 14 |
| compensation for providing the volunteer health care services. | 15 |
| The provisions of this Section shall not apply to any | 16 |
| health care facility as defined in Section 8-2001 of the Code | 17 |
| of Civil Procedure or to any practitioner, who is not a | 18 |
| disaster relief volunteer, providing health care services in a | 19 |
| hospital or health care facility. ".
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