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Public Act 095-0447 |
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AN ACT concerning regulation.
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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 Emergency Medical Services (EMS) Systems Act | ||||
is amended by changing Section 3.150 as follows:
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(210 ILCS 50/3.150)
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Sec. 3.150. Immunity from civil liability.
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(a) Any person, agency or governmental body certified,
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licensed or authorized pursuant to this Act or rules
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thereunder, who in good faith provides emergency or
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non-emergency medical services during a Department approved
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training course, in the normal course of conducting their
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duties, or in an emergency, shall not be civilly liable as a
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result of their acts or omissions in providing such services
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unless such acts or omissions, including the bypassing of
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nearby hospitals or medical facilities in accordance with
the | ||||
protocols developed pursuant to this Act, constitute
willful | ||||
and wanton misconduct.
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(b) No person, including any private or
governmental | ||||
organization or institution that administers, sponsors,
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authorizes, supports, finances, educates or supervises the
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functions of emergency medical services personnel certified,
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licensed or authorized pursuant to this Act, including
persons |
participating in a Department approved training
program, shall | ||
be liable for any civil damages for any act
or omission in | ||
connection with administration, sponsorship,
authorization, | ||
support, finance, education or supervision of
such emergency | ||
medical services personnel, where the act or
omission occurs in | ||
connection with activities within the
scope of this Act, unless | ||
the act or omission was the result
of willful and wanton | ||
misconduct.
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(c) Exemption from civil liability for emergency care is as | ||
provided in
the Good Samaritan Act.
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(d) No local agency, entity of State or local
government, | ||
or other public or private organization, nor any
officer, | ||
director, trustee, employee, consultant or agent of
any such | ||
entity, which sponsors, authorizes, supports,
finances, or | ||
supervises the training of persons in the use of
a basic
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cardiopulmonary resuscitation , automated external | ||
defibrillators, or first aid in a course which complies with
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generally recognized standards , shall be liable for damages
in | ||
any civil action based on the training of such persons
unless | ||
an act or omission during the course of instruction
constitutes | ||
willful and wanton misconduct.
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(e) No person who is certified to teach the use of
basic
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cardiopulmonary resuscitation, automated external | ||
defibrillators, or first aid and who teaches a course of
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instruction which complies with generally recognized
standards | ||
for the use of
basic cardiopulmonary resuscitation, automated |
external defibrillators, or first aid shall be
liable for | ||
damages in any civil action based on the acts or
omissions of a | ||
person who received such instruction, unless
an act or omission | ||
during the course of such instruction
constitutes willful and | ||
wanton misconduct.
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(f) No member or alternate of the State Emergency
Medical | ||
Services Disciplinary Review Board or a local System
review | ||
board who in good faith exercises his
responsibilities under | ||
this Act shall be liable for damages
in any civil action based | ||
on such activities unless an act
or omission during the course | ||
of such activities constitutes
willful and wanton misconduct.
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(g) No EMS Medical Director who in good faith
exercises his | ||
responsibilities under this Act
shall be liable for
damages in | ||
any civil action based on such activities unless
an act or | ||
omission during the course of such activities
constitutes | ||
willful and wanton misconduct.
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(h) Nothing in this Act shall be construed to
create a | ||
cause of action or any civil liabilities.
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(Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
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Section 10. The Automated External Defibrillator Act is | ||
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 |
shall take reasonable measures to ensure that:
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(1) (blank)
the automated external defibrillator is | ||
used only by trained AED
users ;
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(2) the automated external defibrillator is
maintained | ||
and tested according to the manufacturer's
guidelines;
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(3) 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, such as the American | ||
Red Cross or the American Heart Association, or a course of | ||
instruction in accordance with existing rules under this | ||
Act to use an automated external defibrillator and to | ||
perform cardiovascular resuscitation (CPR);
the automated | ||
external defibrillator is registered with the EMS
system | ||
hospital in the vicinity of where the automated external | ||
defibrillator
will primarily be located which shall | ||
oversee utilization of the automated
external | ||
defibrillator and ensure that training and maintenance | ||
requirements
are met; and
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(4) any person who renders
out-of-hospital
emergency | ||
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 | ||
automated external defibrillator.
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(b) A person in possession of an automated
external | ||
defibrillator shall notify an agent of the local
emergency |
communications or vehicle dispatch center of the
existence, | ||
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 | ||
Section 12 and by adding Section 68 as follows:
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(745 ILCS 49/12)
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Sec. 12. Use of an automated
automatic external | ||
defibrillator; exemption
from civil liability for emergency | ||
care. As provided in Section 30 of the Automated External | ||
Defibrillator Act, any automated external defibrillator user | ||
who
Any person who has
successfully completed the training | ||
requirements of a course in
basic emergency care of a person in | ||
cardiac arrest that:
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(i) included training in the operation and use of an | ||
automatic
external defibrillator; and
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(ii) was conducted in accordance with the standards of | ||
the
American Heart Association,
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and who, in good faith and without fee or compensation , not for | ||
compensation, renders
emergency medical care involving the use | ||
of an automated
automatic
external defibrillator 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.
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(Source: P.A. 90-746, eff. 8-14-98.)
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(745 ILCS 49/68 new) | ||
Sec. 68. Disaster Relief Volunteers. Any firefighter, | ||
licensed emergency medical technician (EMT) as defined by | ||
Section 3.50 of the Emergency Medical Services (EMS) Systems | ||
Act, physician, dentist, podiatrist, optometrist, pharmacist, | ||
advanced practice nurse, physician assistant, or nurse who in | ||
good faith and without fee or compensation provides health care | ||
services as a disaster relief volunteer shall not, as a result | ||
of his or her acts or omissions, except willful and wanton | ||
misconduct on the part of the person, in providing health care | ||
services, be liable to a person to whom the health care | ||
services are provided for civil damages. This immunity applies | ||
to health care services that are provided without fee or | ||
compensation during or within 10 days following the end of a | ||
disaster or catastrophic event. | ||
The immunity provided in this Section only applies to a | ||
disaster relief volunteer who provides health care services in | ||
relief of an earthquake, hurricane, tornado, nuclear attack, | ||
terrorist attack, epidemic, or pandemic without fee or | ||
compensation for providing the volunteer health care services. | ||
The provisions of this Section shall not apply to any | ||
health care facility as defined in Section 8-2001 of the Code | ||
of Civil Procedure or to any practitioner, who is not a | ||
disaster relief volunteer, providing health care services in a | ||
hospital or health care facility.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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