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Public Act 91-0524
SB458 Enrolled LRB9100023WHmgC
AN ACT in relation to automated external defibrillators.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Automated External Defibrillator Act.
Section 5. Findings; intent. The General Assembly finds
that timely attention in medical emergencies saves lives, and
that trained use of automated external defibrillators in
medical emergency response can increase the number of lives
saved. It is the intent of the General Assembly to encourage
training in lifesaving first aid, to set standards for the
use of automated external defibrillators and to encourage
their use.
Section 10. Definitions. As used in this Act:
"Automated external defibrillator" means a medical device
heart monitor and defibrillator that:
(1) has received approval of its premarket
notification, filed pursuant to 21 U.S.C. Section 360(k),
from the United States Food and Drug Administration;
(2) is capable of recognizing the presence or
absence of ventricular fibrillation and rapid ventricular
tachycardia, and is capable of determining, without
intervention by an operator, whether defibrillation
should be performed;
(3) upon determining that defibrillation should be
performed, either automatically charges and delivers an
electrical impulse to an individual, or charges and
delivers an electrical impulse at the command of the
operator; and
(4) in the case of a defibrillator that may be
operated in either an automatic or a manual mode, is set
to operate in the automatic mode.
"Defibrillation" means administering an electrical
impulse to an individual in order to stop ventricular
fibrillation or rapid ventricular tachycardia.
"Person" means an individual, partnership, association,
corporation, limited liability company, or organized group of
persons (whether incorporated or not).
"Trained AED user" means a person who has 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 the rules adopted
under this Act to use an automated external defibrillator, or
who is licensed to practice medicine in all its branches in
this State.
"Department" means the Department of Public Health.
Section 15. Training.
(a) The Department shall adopt rules regarding the
establishment of programs to train individuals as trained AED
users. Rules regarding the establishment of programs to
train individuals as trained AED users shall specify the
following:
(1) The curriculum of any program to train
individuals shall include complete training in
cardiopulmonary resuscitation (commonly referred to as
"CPR") prepared according to nationally recognized
guidelines.
(2) The qualifications necessary for any
individuals to teach a program to train an individual as
a trained AED user.
(3) The time period for which training recognition
shall be valid, and the recommendation for subsequent
renewal.
(b) In carrying out subsection (a), the Department shall
identify an appropriate training curriculum designed for
trained AED users who are members of the general public, and
a training curriculum designed for trained AED users who are
health professionals.
Section 20. Maintenance; oversight.
(a) A person acquiring an automated external
defibrillator shall take reasonable measures to ensure that:
(1) the automated external defibrillator is used
only by trained AED users;
(2) the automated external defibrillator is
maintained and tested according to the manufacturer's
guidelines;
(3) 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
(4) any person who renders out-of-hospital
emergency care or treatment to a person in cardiac arrest
by using an automated external defibrillator activates
the EMS system as soon as possible and reports any
clinical use of the automated external defibrillator.
(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.
Section 25. Illinois Department of Public Health;
responsibilities. The Illinois Department of Public Health
shall maintain incident reports on automated external
defibrillator use and conduct annual analyses of all related
data. The Department shall adopt rules to carry out its
responsibilities under this Act.
Section 30. Exemption from civil liability.
(a) A physician licensed in Illinois to practice
medicine in all its branches who authorizes the purchase of
an automated external defibrillator is not liable for civil
damages as a result of any act or omission arising out of
authorizing the purchase of an automated external
defibrillator, except for willful or wanton misconduct, if
the requirements of this Act are met.
(b) An individual or entity providing training in the
use of automated external defibrillators is not liable for
civil damages as a result of any act or omission involving
the use of an automated external defibrillator, except for
willful or wanton misconduct, if the requirements of this Act
are met.
(c) A person owning, occupying, or managing the premises
where an automated external defibrillator is located is not
liable for civil damages as a result of any act or omission
involving the use of an automated external defibrillator,
except for willful or wanton misconduct, if the requirements
of this Act are met.
(d) A trained AED user is not liable for civil damages
as a result of any act or omission involving the use of an
automated external defibrillator in an emergency situation,
except for willful or wanton misconduct, if the requirements
of this Act are met.
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