Full Text of SB0404 95th General Assembly
SB0404enr 95TH GENERAL ASSEMBLY
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SB0404 Enrolled |
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LRB095 07684 DRJ 27836 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by changing Section 3.150 as follows:
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| (210 ILCS 50/3.150)
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| Sec. 3.150. Immunity from civil liability.
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| (a) Any person, agency or governmental body certified,
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| licensed or authorized pursuant to this Act or rules
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| thereunder, who in good faith provides emergency or
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| non-emergency medical services during a Department approved
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| training course, in the normal course of conducting their
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| duties, or in an emergency, shall not be civilly liable as a
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| result of their acts or omissions in providing such services
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| unless such acts or omissions, including the bypassing of
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| nearby hospitals or medical facilities in accordance with
the | 17 |
| protocols developed pursuant to this Act, constitute
willful | 18 |
| and wanton misconduct.
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| (b) No person, including any private or
governmental | 20 |
| organization or institution that administers, sponsors,
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| authorizes, supports, finances, educates or supervises the
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| functions of emergency medical services personnel certified,
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| licensed or authorized pursuant to this Act, including
persons |
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| participating in a Department approved training
program, shall | 2 |
| be liable for any civil damages for any act
or omission in | 3 |
| connection with administration, sponsorship,
authorization, | 4 |
| support, finance, education or supervision of
such emergency | 5 |
| medical services personnel, where the act or
omission occurs in | 6 |
| connection with activities within the
scope of this Act, unless | 7 |
| the act or omission was the result
of willful and wanton | 8 |
| misconduct.
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| (c) Exemption from civil liability for emergency care is as | 10 |
| provided in
the Good Samaritan Act.
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| (d) No local agency, entity of State or local
government, | 12 |
| or other public or private organization, nor any
officer, | 13 |
| director, trustee, employee, consultant or agent of
any such | 14 |
| entity, which sponsors, authorizes, supports,
finances, or | 15 |
| supervises the training of persons in the use of
a basic
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| cardiopulmonary resuscitation , automated external | 17 |
| defibrillators, or first aid in a course which complies with
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| generally recognized standards , shall be liable for damages
in | 19 |
| any civil action based on the training of such persons
unless | 20 |
| an act or omission during the course of instruction
constitutes | 21 |
| willful and wanton misconduct.
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| (e) No person who is certified to teach the use of
basic
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| cardiopulmonary resuscitation, automated external | 24 |
| defibrillators, or first aid and who teaches a course of
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| instruction which complies with generally recognized
standards | 26 |
| for the use of
basic cardiopulmonary resuscitation, automated |
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| external defibrillators, or first aid shall be
liable for | 2 |
| damages in any civil action based on the acts or
omissions of a | 3 |
| person who received such instruction, unless
an act or omission | 4 |
| during the course of such instruction
constitutes willful and | 5 |
| wanton misconduct.
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| (f) No member or alternate of the State Emergency
Medical | 7 |
| Services Disciplinary Review Board or a local System
review | 8 |
| board who in good faith exercises his
responsibilities under | 9 |
| this Act shall be liable for damages
in any civil action based | 10 |
| on such activities unless an act
or omission during the course | 11 |
| of such activities constitutes
willful and wanton misconduct.
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| (g) No EMS Medical Director who in good faith
exercises his | 13 |
| responsibilities under this Act
shall be liable for
damages in | 14 |
| any civil action based on such activities unless
an act or | 15 |
| omission during the course of such activities
constitutes | 16 |
| willful and wanton misconduct.
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| (h) Nothing in this Act shall be construed to
create a | 18 |
| cause of action or any civil liabilities.
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| (Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
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| Section 10. The Automated External Defibrillator Act is | 21 |
| amended by changing Section 20 as follows:
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| (410 ILCS 4/20)
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| Sec. 20. Maintenance; oversight.
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| (a) A person acquiring an automated
external defibrillator |
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| shall take reasonable measures to ensure that:
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| (1) (blank)
the automated external defibrillator is | 3 |
| used only by trained AED
users ;
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| (2) the automated external defibrillator is
maintained | 5 |
| and tested according to the manufacturer's
guidelines;
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| (3) any person considered to be an anticipated rescuer | 7 |
| or user will have successfully completed a course of | 8 |
| instruction in accordance with the standards of a | 9 |
| nationally recognized organization, such as the American | 10 |
| Red Cross or the American Heart Association, or a course of | 11 |
| instruction in accordance with existing rules under this | 12 |
| Act to use an automated external defibrillator and to | 13 |
| perform cardiovascular resuscitation (CPR);
the automated | 14 |
| external defibrillator is registered with the EMS
system | 15 |
| hospital in the vicinity of where the automated external | 16 |
| defibrillator
will primarily be located which shall | 17 |
| oversee utilization of the automated
external | 18 |
| defibrillator and ensure that training and maintenance | 19 |
| requirements
are met; and
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| (4) any person who renders
out-of-hospital
emergency | 21 |
| care or
treatment to a person in cardiac arrest by using an
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| automated external defibrillator activates the EMS system
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| as soon as possible and reports any
clinical use of the | 24 |
| automated external defibrillator.
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| (b) A person in possession of an automated
external | 26 |
| defibrillator shall notify an agent of the local
emergency |
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| communications or vehicle dispatch center of the
existence, | 2 |
| location, and type of the automated external
defibrillator.
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| (Source: P.A. 91-524, eff. 1-1-00.)
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| Section 15. The Good Samaritan Act is amended by changing | 5 |
| Section 12 and by adding Section 68 as follows:
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| (745 ILCS 49/12)
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| Sec. 12. Use of an automated
automatic external | 8 |
| defibrillator; exemption
from civil liability for emergency | 9 |
| care. As provided in Section 30 of the Automated External | 10 |
| Defibrillator Act, any automated external defibrillator user | 11 |
| who
Any person who has
successfully completed the training | 12 |
| requirements of a course in
basic emergency care of a person in | 13 |
| cardiac arrest that:
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| (i) included training in the operation and use of an | 15 |
| automatic
external defibrillator; and
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| (ii) was conducted in accordance with the standards of | 17 |
| the
American Heart Association,
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| and who, in good faith and without fee or compensation , not for | 19 |
| compensation, renders
emergency medical care involving the use | 20 |
| of an automated
automatic
external defibrillator in accordance | 21 |
| with his or her training is
not liable for any civil damages as | 22 |
| a result of any act or
omission, except for willful and wanton | 23 |
| misconduct, by that
person in rendering that care.
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| (Source: P.A. 90-746, eff. 8-14-98.)
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| (745 ILCS 49/68 new) | 2 |
| Sec. 68. Disaster Relief Volunteers. Any firefighter, | 3 |
| licensed emergency medical technician (EMT) as defined by | 4 |
| Section 3.50 of the Emergency Medical Services (EMS) Systems | 5 |
| Act, physician, dentist, podiatrist, optometrist, pharmacist, | 6 |
| advanced practice nurse, physician assistant, or nurse who in | 7 |
| good faith and without fee or compensation provides health care | 8 |
| services as a disaster relief volunteer shall not, as a result | 9 |
| of his or her acts or omissions, except willful and wanton | 10 |
| misconduct on the part of the person, in providing health care | 11 |
| services, be liable to a person to whom the health care | 12 |
| services are provided for civil damages. This immunity applies | 13 |
| to health care services that are provided without fee or | 14 |
| compensation during or within 10 days following the end of a | 15 |
| disaster or catastrophic event. | 16 |
| The immunity provided in this Section only applies to a | 17 |
| disaster relief volunteer who provides health care services in | 18 |
| relief of an earthquake, hurricane, tornado, nuclear attack, | 19 |
| terrorist attack, epidemic, or pandemic without fee or | 20 |
| compensation for providing the volunteer health care services. | 21 |
| The provisions of this Section shall not apply to any | 22 |
| health care facility as defined in Section 8-2001 of the Code | 23 |
| of Civil Procedure or to any practitioner, who is not a | 24 |
| disaster relief volunteer, providing health care services in a | 25 |
| hospital or health care facility.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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