State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ][ Senate Amendment 002 ]

91_SB0458enr

 
SB458 Enrolled                                LRB9100023WHmgC

 1        AN ACT in relation to automated external defibrillators.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Automated External Defibrillator Act.

 6        Section 5.  Findings; intent.  The General Assembly finds
 7    that timely attention in medical emergencies saves lives, and
 8    that trained use  of  automated  external  defibrillators  in
 9    medical  emergency  response can increase the number of lives
10    saved.  It is the intent of the General Assembly to encourage
11    training in lifesaving first aid, to set  standards  for  the
12    use  of  automated  external  defibrillators and to encourage
13    their use.

14        Section 10.  Definitions.   As used in this Act:
15        "Automated external defibrillator" means a medical device
16    heart monitor and defibrillator that:
17             (1)  has  received   approval   of   its   premarket
18        notification, filed pursuant to 21 U.S.C. Section 360(k),
19        from the United States Food and Drug Administration;
20             (2)  is  capable  of  recognizing  the  presence  or
21        absence of ventricular fibrillation and rapid ventricular
22        tachycardia,  and  is  capable  of  determining,  without
23        intervention   by  an  operator,  whether  defibrillation
24        should be performed;
25             (3)  upon determining that defibrillation should  be
26        performed,  either  automatically charges and delivers an
27        electrical impulse  to  an  individual,  or  charges  and
28        delivers  an  electrical  impulse  at  the command of the
29        operator; and
30             (4)  in the case of  a  defibrillator  that  may  be
 
SB458 Enrolled             -2-                LRB9100023WHmgC
 1        operated  in either an automatic or a manual mode, is set
 2        to operate in the automatic mode.
 3        "Defibrillation"  means   administering   an   electrical
 4    impulse  to  an  individual  in  order  to  stop  ventricular
 5    fibrillation or rapid ventricular tachycardia.
 6        "Person"  means  an individual, partnership, association,
 7    corporation, limited liability company, or organized group of
 8    persons (whether incorporated or not).
 9        "Trained AED user" means a person  who  has  successfully
10    completed  a  course  of  instruction  in accordance with the
11    standards of a nationally recognized organization such as the
12    American Red Cross or the American  Heart  Association  or  a
13    course  of  instruction in accordance with  the rules adopted
14    under this Act to use an automated external defibrillator, or
15    who is licensed to practice medicine in all its  branches  in
16    this State.
17        "Department" means the Department of Public Health.

18        Section 15. Training.
19        (a)  The  Department  shall  adopt  rules  regarding  the
20    establishment of programs to train individuals as trained AED
21    users.   Rules  regarding  the  establishment  of programs to
22    train individuals as trained  AED  users  shall  specify  the
23    following:
24             (1)  The   curriculum   of   any  program  to  train
25        individuals   shall   include   complete   training    in
26        cardiopulmonary  resuscitation  (commonly  referred to as
27        "CPR")  prepared  according  to   nationally   recognized
28        guidelines.
29             (2)  The    qualifications    necessary    for   any
30        individuals to teach a program to train an individual  as
31        a trained AED user.
32             (3)  The  time period for which training recognition
33        shall be valid, and  the  recommendation  for  subsequent
 
SB458 Enrolled             -3-                LRB9100023WHmgC
 1        renewal.
 2        (b)  In carrying out subsection (a), the Department shall
 3    identify  an  appropriate  training  curriculum  designed for
 4    trained AED users who are members of the general public,  and
 5    a  training curriculum designed for trained AED users who are
 6    health professionals.

 7        Section 20.  Maintenance; oversight.
 8        (a)  A   person   acquiring   an    automated    external
 9    defibrillator shall take reasonable measures to ensure that:
10             (1)  the  automated  external  defibrillator is used
11        only by trained AED users;
12             (2)  the   automated   external   defibrillator   is
13        maintained and tested  according  to  the  manufacturer's
14        guidelines;
15             (3)  the   automated   external   defibrillator   is
16        registered  with  the EMS system hospital in the vicinity
17        of  where  the  automated  external  defibrillator   will
18        primarily  be  located which shall oversee utilization of
19        the automated  external  defibrillator  and  ensure  that
20        training and maintenance requirements are met; and
21             (4)  any    person   who   renders   out-of-hospital
22        emergency care or treatment to a person in cardiac arrest
23        by using an automated  external  defibrillator  activates
24        the  EMS  system  as  soon  as  possible  and reports any
25        clinical use of the automated external defibrillator.
26        (b)  A person in  possession  of  an  automated  external
27    defibrillator  shall  notify  an agent of the local emergency
28    communications or vehicle dispatch center of  the  existence,
29    location, and type of the automated external defibrillator.

30        Section   25.   Illinois  Department  of  Public  Health;
31    responsibilities.   The Illinois Department of Public  Health
32    shall   maintain   incident  reports  on  automated  external
 
SB458 Enrolled             -4-                LRB9100023WHmgC
 1    defibrillator use and conduct annual analyses of all  related
 2    data.   The  Department  shall  adopt  rules to carry out its
 3    responsibilities under this Act.

 4        Section 30. Exemption from civil liability.
 5        (a)  A  physician  licensed  in  Illinois   to   practice
 6    medicine  in  all its branches who authorizes the purchase of
 7    an automated external defibrillator is not liable  for  civil
 8    damages  as  a  result  of any act or omission arising out of
 9    authorizing   the   purchase   of   an   automated   external
10    defibrillator, except for willful or  wanton  misconduct,  if
11    the requirements of this Act are met.
12        (b)  An  individual  or  entity providing training in the
13    use of automated external defibrillators is  not  liable  for
14    civil  damages  as  a result of any act or omission involving
15    the use of an automated external  defibrillator,  except  for
16    willful or wanton misconduct, if the requirements of this Act
17    are met.
18        (c)  A person owning, occupying, or managing the premises
19    where  an  automated external defibrillator is located is not
20    liable for civil damages as a result of any act  or  omission
21    involving  the  use  of  an automated external defibrillator,
22    except for willful or wanton misconduct, if the  requirements
23    of this Act are met.
24        (d)  A  trained  AED user is not liable for civil damages
25    as a result of any act or omission involving the  use  of  an
26    automated  external  defibrillator in an emergency situation,
27    except for willful or wanton misconduct, if the  requirements
28    of this Act are met.

[ Top ]