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Public Act 093-0910


 

Public Act 0910 93RD GENERAL ASSEMBLY

 


 
Public Act 093-0910
 
HB4232 Enrolled LRB093 18968 AMC 44703 b

    AN ACT in relation to health, which may be known as the
Colleen O'Sullivan Law.
 
    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
Physical Fitness Facility Medical Emergency Preparedness Act.
 
    Section 5. Definitions. In this Act, words and phrases have
the meanings set forth in the following Sections.
 
    Section 5.5. Automated external defibrillator. "Automated
external defibrillator" or "AED" means an automated external
defibrillator as defined in the Automated External
Defibrillator Act.
 
    Section 5.10. Department. "Department" means the
Department of Public Health.
 
    Section 5.15. Director. "Director" means the Director of
Public Health.
 
    Section 5.20. Medical emergency. "Medical emergency" means
the occurrence of a sudden, serious, and unexpected sickness or
injury that would lead a reasonable person, possessing an
average knowledge of medicine and health, to believe that the
sick or injured person requires urgent or unscheduled medical
care.
 
    Section 5.25. Physical fitness facility.
    (a) "Physical fitness facility" means the following:
        (1) Any of the following indoor facilities that is (i)
    owned or operated by a park district, municipality, or
    other unit of local government, including a home rule unit,
    or by a public or private elementary or secondary school,
    college, university, or technical or trade school and (ii)
    supervised by one or more persons, other than maintenance
    or security personnel, employed by the unit of local
    government, school, college, or university for the purpose
    of directly supervising the physical fitness activities
    taking place at any of these indoor facilities: a swimming
    pool; stadium; athletic field; track and field facility;
    tennis court; basketball court; or volleyball court; or
    such facilities located adjacent thereto.
        (2) Except as provided in subsection (b), any other
    indoor establishment, whether public or private, that
    provides services or facilities focusing primarily on
    cardiovascular exertion as defined by Department rule.
    (b) "Physical fitness facility" does not include a facility
serving less than a total of 100 individuals, as further
defined by Department rule. In addition, the term does not
include a facility located in a hospital or in a hotel or
motel, or any outdoor facility. The term also does not include
any facility that does not employ any persons to provide
instruction, training, or assistance for persons using the
facility.
 
    Section 10. Medical emergency plan required.
    (a) Before July 1, 2005, each person or entity, including a
home rule unit, that operates a physical fitness facility must
adopt and implement a written plan for responding to medical
emergencies that occur at the facility during the time that the
facility is open for use by its members or by the public. The
plan must comply with this Act and rules adopted by the
Department to implement this Act. The facility must file a copy
of the plan with the Department.
    (b) Whenever there is a change in the structure occupied by
the facility or in the services provided or offered by the
facility that would materially affect the facility's ability to
respond to a medical emergency, the person or entity, including
a home rule unit, must promptly update its plan developed under
subsection (a) and must file a copy of the updated plan with
the Department.
 
    Section 15. Automated external defibrillator required.
    (a) By the dates specified in Section 50, every physical
fitness facility must have at least one AED on the facility
premises. The Department shall adopt rules to ensure
coordination with local emergency medical services systems
regarding the placement and use of AEDs in physical fitness
facilities. The Department may adopt rules requiring a facility
to have more than one AED on the premises, based on factors
that include the following:
        (1) The size of the area or the number of buildings or
    floors occupied by the facility.
        (2) The number of persons using the facility, excluding
    spectators.
    (b) A physical fitness facility must ensure that there is a
trained AED user on staff.
    (c) Every physical fitness facility must ensure that every
AED on the facility's premises is properly tested and
maintained in accordance with rules adopted by the Department.
 
    Section 20. Training. The Department shall adopt rules to
establish programs to train physical fitness facility staff on
the role of cardiopulmonary resuscitation and the use of
automated external defibrillators. The rules must be
consistent with those adopted by the Department for training
AED users under the Automated External Defibrillator Act.
 
    Section 30. Inspections. The Department shall inspect a
physical fitness facility in response to a complaint filed with
the Department alleging a violation of this Act. For the
purpose of ensuring compliance with this Act, the Department
may inspect a physical fitness facility at other times in
accordance with rules adopted by the Department.
 
    Section 35. Penalties for violations.
    (a) If a physical fitness facility violates this Act by (i)
failing to adopt or implement a plan for responding to medical
emergencies under Section 10 or (ii) failing to have on the
premises an AED or trained AED user as required under
subsection (a) or (b) of Section 15, the Director may issue to
the facility a written administrative warning without monetary
penalty for the initial violation. The facility may reply to
the Department with written comments concerning the facility's
remedial response to the warning. For subsequent violations,
the Director may impose a civil monetary penalty against the
facility as follows:
        (1) At least $1,500 but less than $2,000 for a second
    violation.
        (2) At least $2,000 for a third or subsequent
    violation.
    (b) The Director may impose a civil monetary penalty under
this Section only after it provides the following to the
facility:
        (1) Written notice of the alleged violation.
        (2) Written notice of the facility's right to request
    an administrative hearing on the question of the alleged
    violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Director.
        (4) A written decision from the Director, based on the
    evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the facility
    violated this Act and imposing the civil penalty.
    (c) The Attorney General may bring an action in the circuit
court to enforce the collection of a monetary penalty imposed
under this Section.
    (d) The fines shall be deposited into the Physical Fitness
Facility Medical Emergency Preparedness Fund to be
appropriated to the Department, together with any other
amounts, for the costs of administering this Act.
 
    Section 40. Rules. The Department shall adopt rules to
implement this Act.
 
    Section 45. Liability. Nothing in this Act shall be
construed to either limit or expand the exemptions from civil
liability in connection with the purchase or use of an
automated external defibrillator that are provided under the
Automated External Defibrillator Act or under any other
provision of law. A right of action does not exist in
connection with the use or non-use of an automated external
defibrillator at a facility governed by this Act, except for
willful or wanton misconduct, provided that the person, unit of
state or local government, or school district operating the
facility has adopted a medical emergency plan as required under
Section 10 of this Act, has an automated external defibrillator
at the facility as required under Section 15 of this Act, and
has maintained the automated external defibrillator in
accordance with the rules adopted by the Department.
 
    Section 50. Compliance dates; private and public indoor
physical fitness facilities.
    (a) Privately owned indoor physical fitness facilities.
Every privately owned or operated indoor physical fitness
facility must be in compliance with this Act on or before July
1, 2006.
    (b) Publicly owned indoor physical fitness facilities. A
public entity owning or operating 4 or fewer indoor physical
fitness facilities must have at least one such facility in
compliance with this Act on or before July 1, 2006; its second
facility in compliance by July 1, 2007; its third facility in
compliance by July 1, 2008; and its fourth facility in
compliance by July 1, 2009.
    A public entity owning or operating more than 4 indoor
physical fitness facilities must have 25% of those facilities
in compliance by July 1, 2006; 50% of those facilities in
compliance by July 1, 2007; 75% of those facilities in
compliance by July 1, 2008; and 100% of those facilities in
compliance by July 1, 2009.
 
    Section 55. Home rule. A home rule unit must comply with
the requirements of this Act. A home rule unit may not regulate
physical fitness facilities in a manner inconsistent with this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
 
    Section 90. The State Finance Act is amended by adding
Section 5.625 as follows:
 
    (30 ILCS 105/5.625 new)
    Sec. 5.625. The Physical Fitness Facility Medical
Emergency Preparedness Fund.
 
    Section 95. The State Mandates Act is amended by adding
Section 8.28 as follows:
 
    (30 ILCS 805/8.28 new)
    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 93rd General Assembly.
 
    Section 100. The Automated External Defibrillator Act is
amended by changing Section 30 as follows:
 
    (410 ILCS 4/30)
    Sec. 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, unit of State or local government, or school
district 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) An 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.
    (e) This Section does not apply to a public hospital.
(Source: P.A. 91-524, eff. 1-1-00.)

Effective Date: 1/1/2005