093_SB0865ham001

 










                                     LRB093 03051 AMC 20060 a

 1                    AMENDMENT TO SENATE BILL 865

 2        AMENDMENT NO.     .  Amend Senate Bill 865  by  replacing
 3    the title with the following:

 4        "AN  ACT in relation to health, which may be known as the
 5    Colleen O'Sullivan Law."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  1.  Short  title.  This Act may be cited as the
 9    Physical Fitness Facility Medical Emergency Preparedness Act.

10        Section 5.  Definitions. In this Act, words  and  phrases
11    have the meanings set forth in the following Sections.

12        Section     5.5.  Automated    external    defibrillator.
13    "Automated  external  defibrillator"  or   "AED"   means   an
14    automated  external defibrillator as defined in the Automated
15    External Defibrillator Act.

16        Section   5.10.  Department.   "Department"   means   the
17    Department of Public Health.

18        Section 5.15.  Director. "Director" means the Director of
 
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 1    Public Health.

 2        Section  5.20.  Medical  emergency.  "Medical  emergency"
 3    means the occurrence of a  sudden,  serious,  and  unexpected
 4    sickness  or  injury  that  would  lead  a reasonable person,
 5    possessing an average knowledge of medicine  and  health,  to
 6    believe  that  the  sick or injured person requires urgent or
 7    unscheduled medical care.

 8        Section 5.25.  Physical fitness facility.
 9        (a) "Physical fitness facility" means the following:
10             (1)  Any of the following indoor facilities that  is
11        (i)  owned  or operated by a park district, municipality,
12        or other unit of local government, including a home  rule
13        unit,  or  by a public or private elementary or secondary
14        school, college, university, or technical or trade school
15        and (ii) supervised by one or more  persons,  other  than
16        maintenance  or  security personnel, employed by the unit
17        of local government, school, college, or  university  for
18        the  purpose of directly supervising the physical fitness
19        activities  taking  place  at   any   of   these   indoor
20        facilities:  a  swimming  pool;  stadium; athletic field;
21        track and field facility; tennis court; basketball court;
22        or volleyball court; or such facilities located  adjacent
23        thereto.
24             (2)  A golf course.
25             (3)  Except as provided in subsection (b), any other
26        indoor  establishment,  whether  public  or private, that
27        provides services or  facilities  focusing  primarily  on
28        cardiovascular exertion as defined by Department rule.
29        (b)  "Physical  fitness  facility"  does  not  include  a
30    facility  serving  less  than  a total of 100 individuals, as
31    further defined by Department rule.  In  addition,  the  term
32    does  not  include  a  facility located in a hospital or in a
 
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 1    hotel or motel, or any outdoor facility. The term  also  does
 2    not  include any facility that does not employ any persons to
 3    provide instruction,  training,  or  assistance  for  persons
 4    using the facility.

 5        Section 10.  Medical emergency plan required.
 6        (a)  Before  January  1,  2005,  each  person  or entity,
 7    including a home rule unit, that operates a  physical fitness
 8    facility  must  adopt  and  implement  a  written  plan   for
 9    responding  to medical emergencies that occur at the facility
10    during the time that the facility is  open  for  use  by  its
11    members  or by the public. The plan must comply with this Act
12    and rules adopted by the Department to  implement  this  Act.
13    The   facility  must  file  a  copy  of  the  plan  with  the
14    Department.
15        (b)  Whenever there is a change in the structure occupied
16    by the facility or in the services provided or offered by the
17    facility that would materially affect the facility's  ability
18    to  respond  to  a  medical  emergency, the person or entity,
19    including a home rule unit, must  promptly  update  its  plan
20    developed  under  subsection  (a) and must file a copy of the
21    updated plan with the Department.

22        Section 15.  Automated external defibrillator required.
23        (a)  By the dates specified in Section 50, every physical
24    fitness facility must have at least one AED on  the  facility
25    premises.    The  Department  shall  adopt  rules  to  ensure
26    coordination with local emergency  medical  services  systems
27    regarding  the  placement and use of AEDs in physical fitness
28    facilities.  The  Department  may  adopt  rules  requiring  a
29    facility to have more than one AED on the premises, based  on
30    factors that include the following:
31             (1)  The size of the area or the number of buildings
32        or floors occupied by the facility.
 
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 1             (2)  The  number  of  persons  using  the  facility,
 2        excluding spectators.
 3        (b)  A  physical  fitness facility must ensure that there
 4    is a trained AED user on staff.
 5        (c)  Every physical fitness  facility  must  ensure  that
 6    every  AED  on the facility's premises is properly tested and
 7    maintained  in  accordance  with   rules   adopted   by   the
 8    Department.

 9        Section  20.  Training.  The Department shall adopt rules
10    to establish programs  to  train  physical  fitness  facility
11    staff  on  the  role of cardiopulmonary resuscitation and the
12    use of automated external defibrillators. The rules  must  be
13    consistent  with those adopted by the Department for training
14    AED users under the Automated External Defibrillator Act.

15        Section 30.  Inspections. The Department shall inspect  a
16    physical  fitness  facility  in response to a complaint filed
17    with the Department alleging a violation of this Act. For the
18    purpose of ensuring compliance with this Act, the  Department
19    may  inspect  a  physical  fitness facility at other times in
20    accordance with rules adopted by the Department.

21        Section 35.  Penalties for violations.
22        (a)  If a physical fitness facility violates this Act  by
23    (i)  failing  to  adopt or implement a plan for responding to
24    medical emergencies under Section 10 or (ii) failing to  have
25    on the premises an AED or trained AED user as required  under
26    subsection  (a)  or (b) of Section 15, the Director may issue
27    to the facility  a  written  administrative  warning  without
28    monetary  penalty for the initial violation. The facility may
29    reply to the Department with written comments concerning  the
30    facility's  remedial  response to the warning. For subsequent
31    violations, the Director may impose a civil monetary  penalty
 
                            -5-      LRB093 03051 AMC 20060 a
 1    against the facility as follows:
 2             (1)  At  least  $1,500  but  less  than $2,000 for a
 3        second violation.
 4             (2)  At least  $2,000  for  a  third  or  subsequent
 5        violation.
 6        (b)  The  Director  may  impose  a civil monetary penalty
 7    under this Section only after it provides  the  following  to
 8    the facility:
 9             (1)  Written notice of the alleged violation.
10             (2)  Written  notice  of  the  facility's  right  to
11        request  an administrative hearing on the question of the
12        alleged violation.
13             (3)  An opportunity to present evidence,  orally  or
14        in  writing  or  both,  on  the  question  of the alleged
15        violation before an impartial hearing examiner  appointed
16        by the Director.
17             (4)  A  written decision from the Director, based on
18        the evidence introduced at the hearing  and  the  hearing
19        examiner's  recommendations,  finding  that  the facility
20        violated this Act and imposing the civil penalty.
21        (c)  The Attorney General may  bring  an  action  in  the
22    circuit court to enforce the collection of a monetary penalty
23    imposed under this Section.
24        (d)  The  fines  shall  be  deposited  into  the Physical
25    Fitness Facility Medical Emergency Preparedness  Fund  to  be
26    appropriated  to  the  Department,  together  with  any other
27    amounts, for the costs of administering this Act.

28        Section 40.  Rules. The Department shall adopt  rules  to
29    implement this Act.

30        Section  45.  Liability.  Nothing  in  this  Act shall be
31    construed to either limit or expand the exemptions from civil
32    liability in connection  with  the  purchase  or  use  of  an
 
                            -6-      LRB093 03051 AMC 20060 a
 1    automated  external defibrillator that are provided under the
 2    Automated External  Defibrillator  Act  or  under  any  other
 3    provision  of  law.  A  right  of  action  does  not exist in
 4    connection with the use or non-use of an  automated  external
 5    defibrillator  at  a  facility governed by this Act, provided
 6    that the person, unit of state or local government, or school
 7    district  operating  the  facility  has  adopted  a   medical
 8    emergency  plan as required under Section 10 of this Act, has
 9    an  automated  external  defibrillator  at  the  facility  as
10    required under Section 15 of this Act, and has maintained the
11    automated external defibrillator in accordance with the rules
12    adopted by the Department.

13        Section 50.  Compliance dates; private and public  indoor
14    physical fitness facilities.
15        (a)  Privately  owned indoor physical fitness facilities.
16    Every privately owned or  operated  indoor  physical  fitness
17    facility  must  be  in  compliance with this Act on or before
18    July 1, 2004.
19        (b)  Publicly owned indoor physical  fitness  facilities.
20    A  public  entity  owning  or  operating  4  or fewer  indoor
21    physical fitness facilities  must  have  at  least  one  such
22    facility  in  compliance  with  this Act on or before July 1,
23    2004; its second facility in compliance by July 1, 2005;  its
24    third  facility in compliance by July 1, 2006; and its fourth
25    facility in compliance by July 1, 2007.
26        A public entity owning or operating more  than  4  indoor
27    physical fitness facilities must have 25% of those facilities
28    in  compliance  by  July  1, 2004; 50% of those facilities in
29    compliance by July  1,  2005;  75%  of  those  facilities  in
30    compliance  by  July 1, 2006; and 100% of those facilities in
31    compliance by July 1, 2007.

32        Section 55.  Home rule. A home rule unit must comply with
 
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 1    the requirements of this  Act.  A  home  rule  unit  may  not
 2    regulate physical fitness facilities in a manner inconsistent
 3    with  this Act. This Section is a limitation under subsection
 4    (i) of Section 6 of Article VII of the Illinois  Constitution
 5    on  the  concurrent exercise by home rule units of powers and
 6    functions exercised by the State.

 7        Section 75.  The State Finance Act is amended  by  adding
 8    Section 5.620 as follows:

 9        (30 ILCS 105/5.620 new)
10        Sec.   5.620.  The   Physical  Fitness  Facility  Medical
11    Emergency Preparedness Fund.

12        Section 88.  The State Mandates Act is amended by  adding
13    Section 8.27 as follows:

14        (30 ILCS 805/8.27 new)
15        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
16    and 8 of this Act, no reimbursement by the State is  required
17    for  the  implementation  of  any  mandate  created  by  this
18    amendatory Act of the 93rd General Assembly.

19        Section  95.  The Automated External Defibrillator Act is
20    amended by changing Section 30 as follows:

21        (410 ILCS 4/30)
22        Sec. 30. Exemption from civil liability.
23        (a)  A  physician  licensed  in  Illinois   to   practice
24    medicine  in  all its branches who authorizes the purchase of
25    an automated external defibrillator is not liable  for  civil
26    damages  as  a  result  of any act or omission arising out of
27    authorizing   the   purchase   of   an   automated   external
28    defibrillator, except for willful or  wanton  misconduct,  if
 
                            -8-      LRB093 03051 AMC 20060 a
 1    the requirements of this Act are met.
 2        (b)  An  individual  or  entity providing training in the
 3    use of automated external defibrillators is  not  liable  for
 4    civil  damages  as  a result of any act or omission involving
 5    the use of an automated external  defibrillator,  except  for
 6    willful or wanton misconduct, if the requirements of this Act
 7    are met.
 8        (c)  A  person,  unit  of  State  or local government, or
 9    school district owning, occupying, or managing  the  premises
10    where  an  automated external defibrillator is located is not
11    liable for civil damages as a result of any act  or  omission
12    involving  the  use  of  an automated external defibrillator,
13    except for willful or wanton misconduct, if the  requirements
14    of this Act are met.
15        (d)  An  A  trained  AED  user  is  not  liable for civil
16    damages as a result of any act or omission involving the  use
17    of  an  automated  external  defibrillator  in  an  emergency
18    situation,  except  for  willful or wanton misconduct, if the
19    requirements of this Act are met.
20        (e)  This Section does not apply to a public hospital.
21    (Source: P.A. 91-524, eff. 1-1-00.)".