SB0404ham001 95TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 5/16/2007

09500SB0404ham001 LRB095 07684 DRJ 36257 a

AMENDMENT TO SENATE BILL 404

AMENDMENT NO. ______. Amend Senate Bill 404 by replacing lines 20 through 24 on page 3 and lines 1 through 14 on page 4 with the following:

"Section 10. The Automated External Defibrillator Act is amended by changing Section 20 as follows:

(410 ILCS 4/20)

Sec. 20. Maintenance; oversight.

(a) A person acquiring an automated external defibrillator shall take reasonable measures to ensure that:

(1) (blank) 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) 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

(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.

(Source: P.A. 91-524, eff. 1-1-00.)

Section 15. The Good Samaritan Act is amended by changing Section 12 and by adding Section 68 as follows:

(745 ILCS 49/12)

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:

(i) included training in the operation and use of an automatic external defibrillator; and

(ii) was conducted in accordance with the standards of the American Heart Association, 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.

(Source: P.A. 90-746, eff. 8-14-98.)

(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.".