Illinois General Assembly - Full Text of SB0404
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Full Text of SB0404  95th General Assembly

SB0404enr 95TH GENERAL ASSEMBLY



 


 
SB0404 Enrolled LRB095 07684 DRJ 27836 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Emergency Medical Services (EMS) Systems Act
5 is amended by changing Section 3.150 as follows:
 
6     (210 ILCS 50/3.150)
7     Sec. 3.150. Immunity from civil liability.
8     (a) Any person, agency or governmental body certified,
9 licensed or authorized pursuant to this Act or rules
10 thereunder, who in good faith provides emergency or
11 non-emergency medical services during a Department approved
12 training course, in the normal course of conducting their
13 duties, or in an emergency, shall not be civilly liable as a
14 result of their acts or omissions in providing such services
15 unless such acts or omissions, including the bypassing of
16 nearby hospitals or medical facilities in accordance with the
17 protocols developed pursuant to this Act, constitute willful
18 and wanton misconduct.
19     (b) No person, including any private or governmental
20 organization or institution that administers, sponsors,
21 authorizes, supports, finances, educates or supervises the
22 functions of emergency medical services personnel certified,
23 licensed or authorized pursuant to this Act, including persons

 

 

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1 participating in a Department approved training program, shall
2 be liable for any civil damages for any act or omission in
3 connection with administration, sponsorship, authorization,
4 support, finance, education or supervision of such emergency
5 medical services personnel, where the act or omission occurs in
6 connection with activities within the scope of this Act, unless
7 the act or omission was the result of willful and wanton
8 misconduct.
9     (c) Exemption from civil liability for emergency care is as
10 provided in the Good Samaritan Act.
11     (d) No local agency, entity of State or local government,
12 or other public or private organization, nor any officer,
13 director, trustee, employee, consultant or agent of any such
14 entity, which sponsors, authorizes, supports, finances, or
15 supervises the training of persons in the use of a basic
16 cardiopulmonary resuscitation, automated external
17 defibrillators, or first aid in a course which complies with
18 generally recognized standards, shall be liable for damages in
19 any civil action based on the training of such persons unless
20 an act or omission during the course of instruction constitutes
21 willful and wanton misconduct.
22     (e) No person who is certified to teach the use of basic
23 cardiopulmonary resuscitation, automated external
24 defibrillators, or first aid and who teaches a course of
25 instruction which complies with generally recognized standards
26 for the use of basic cardiopulmonary resuscitation, automated

 

 

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1 external defibrillators, or first aid shall be liable for
2 damages in any civil action based on the acts or omissions of a
3 person who received such instruction, unless an act or omission
4 during the course of such instruction constitutes willful and
5 wanton misconduct.
6     (f) No member or alternate of the State Emergency Medical
7 Services Disciplinary Review Board or a local System review
8 board who in good faith exercises his responsibilities under
9 this Act shall be liable for damages in any civil action based
10 on such activities unless an act or omission during the course
11 of such activities constitutes willful and wanton misconduct.
12     (g) No EMS Medical Director who in good faith exercises his
13 responsibilities under this Act shall be liable for damages in
14 any civil action based on such activities unless an act or
15 omission during the course of such activities constitutes
16 willful and wanton misconduct.
17     (h) Nothing in this Act shall be construed to create a
18 cause of action or any civil liabilities.
19 (Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
 
20     Section 10. The Automated External Defibrillator Act is
21 amended by changing Section 20 as follows:
 
22     (410 ILCS 4/20)
23     Sec. 20. Maintenance; oversight.
24     (a) A person acquiring an automated external defibrillator

 

 

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1 shall take reasonable measures to ensure that:
2         (1) (blank) the automated external defibrillator is
3     used only by trained AED users;
4         (2) the automated external defibrillator is maintained
5     and tested according to the manufacturer's guidelines;
6         (3) any person considered to be an anticipated rescuer
7     or user will have successfully completed a course of
8     instruction in accordance with the standards of a
9     nationally recognized organization, such as the American
10     Red Cross or the American Heart Association, or a course of
11     instruction in accordance with existing rules under this
12     Act to use an automated external defibrillator and to
13     perform cardiovascular resuscitation (CPR); the automated
14     external defibrillator is registered with the EMS system
15     hospital in the vicinity of where the automated external
16     defibrillator will primarily be located which shall
17     oversee utilization of the automated external
18     defibrillator and ensure that training and maintenance
19     requirements are met; and
20         (4) any person who renders out-of-hospital emergency
21     care or treatment to a person in cardiac arrest by using an
22     automated external defibrillator activates the EMS system
23     as soon as possible and reports any clinical use of the
24     automated external defibrillator.
25     (b) A person in possession of an automated external
26 defibrillator shall notify an agent of the local emergency

 

 

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1 communications or vehicle dispatch center of the existence,
2 location, and type of the automated external defibrillator.
3 (Source: P.A. 91-524, eff. 1-1-00.)
 
4     Section 15. The Good Samaritan Act is amended by changing
5 Section 12 and by adding Section 68 as follows:
 
6     (745 ILCS 49/12)
7     Sec. 12. Use of an automated automatic external
8 defibrillator; exemption from civil liability for emergency
9 care. As provided in Section 30 of the Automated External
10 Defibrillator Act, any automated external defibrillator user
11 who Any person who has successfully completed the training
12 requirements of a course in basic emergency care of a person in
13 cardiac arrest that:
14         (i) included training in the operation and use of an
15     automatic external defibrillator; and
16         (ii) was conducted in accordance with the standards of
17     the American Heart Association,
18 and who, in good faith and without fee or compensation , not for
19 compensation, renders emergency medical care involving the use
20 of an automated automatic external defibrillator in accordance
21 with his or her training is not liable for any civil damages as
22 a result of any act or omission, except for willful and wanton
23 misconduct, by that person in rendering that care.
24 (Source: P.A. 90-746, eff. 8-14-98.)
 

 

 

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1     (745 ILCS 49/68 new)
2     Sec. 68. Disaster Relief Volunteers. Any firefighter,
3 licensed emergency medical technician (EMT) as defined by
4 Section 3.50 of the Emergency Medical Services (EMS) Systems
5 Act, physician, dentist, podiatrist, optometrist, pharmacist,
6 advanced practice nurse, physician assistant, or nurse who in
7 good faith and without fee or compensation provides health care
8 services as a disaster relief volunteer shall not, as a result
9 of his or her acts or omissions, except willful and wanton
10 misconduct on the part of the person, in providing health care
11 services, be liable to a person to whom the health care
12 services are provided for civil damages. This immunity applies
13 to health care services that are provided without fee or
14 compensation during or within 10 days following the end of a
15 disaster or catastrophic event.
16     The immunity provided in this Section only applies to a
17 disaster relief volunteer who provides health care services in
18 relief of an earthquake, hurricane, tornado, nuclear attack,
19 terrorist attack, epidemic, or pandemic without fee or
20 compensation for providing the volunteer health care services.
21     The provisions of this Section shall not apply to any
22 health care facility as defined in Section 8-2001 of the Code
23 of Civil Procedure or to any practitioner, who is not a
24 disaster relief volunteer, providing health care services in a
25 hospital or health care facility.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.