Public Act 095-0447
 
SB0404 Enrolled LRB095 07684 DRJ 27836 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Section 3.150 as follows:
 
    (210 ILCS 50/3.150)
    Sec. 3.150. Immunity from civil liability.
    (a) Any person, agency or governmental body certified,
licensed or authorized pursuant to this Act or rules
thereunder, who in good faith provides emergency or
non-emergency medical services during a Department approved
training course, in the normal course of conducting their
duties, or in an emergency, shall not be civilly liable as a
result of their acts or omissions in providing such services
unless such acts or omissions, including the bypassing of
nearby hospitals or medical facilities in accordance with the
protocols developed pursuant to this Act, constitute willful
and wanton misconduct.
    (b) No person, including any private or governmental
organization or institution that administers, sponsors,
authorizes, supports, finances, educates or supervises the
functions of emergency medical services personnel certified,
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.
    (c) Exemption from civil liability for emergency care is as
provided in the Good Samaritan Act.
    (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
cardiopulmonary resuscitation, automated external
defibrillators, or first aid in a course which complies with
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.
    (e) No person who is certified to teach the use of basic
cardiopulmonary resuscitation, automated external
defibrillators, or first aid and who teaches a course of
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.
    (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.
    (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.
    (h) Nothing in this Act shall be construed to create a
cause of action or any civil liabilities.
(Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
 
    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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.