State of Illinois
91st General Assembly
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Public Act 91-0524

SB458 Enrolled                                LRB9100023WHmgC

    AN ACT in relation to automated external defibrillators.

    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
Automated External Defibrillator Act.

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

    Section 10.  Definitions.   As used in this Act:
    "Automated external defibrillator" means a medical device
heart monitor and defibrillator that:
         (1)  has  received   approval   of   its   premarket
    notification, filed pursuant to 21 U.S.C. Section 360(k),
    from the United States Food and Drug Administration;
         (2)  is  capable  of  recognizing  the  presence  or
    absence of ventricular fibrillation and rapid ventricular
    tachycardia,  and  is  capable  of  determining,  without
    intervention   by  an  operator,  whether  defibrillation
    should be performed;
         (3)  upon determining that defibrillation should  be
    performed,  either  automatically charges and delivers an
    electrical impulse  to  an  individual,  or  charges  and
    delivers  an  electrical  impulse  at  the command of the
    operator; and
         (4)  in the case of  a  defibrillator  that  may  be
    operated  in either an automatic or a manual mode, is set
    to operate in the automatic mode.
    "Defibrillation"  means   administering   an   electrical
impulse  to  an  individual  in  order  to  stop  ventricular
fibrillation or rapid ventricular tachycardia.
    "Person"  means  an individual, partnership, association,
corporation, limited liability company, or organized group of
persons (whether incorporated or not).
    "Trained AED user" means a person  who  has  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  the rules adopted
under this Act to use an automated external defibrillator, or
who is licensed to practice medicine in all its  branches  in
this State.
    "Department" means the Department of Public Health.

    Section 15. Training.
    (a)  The  Department  shall  adopt  rules  regarding  the
establishment of programs to train individuals as trained AED
users.   Rules  regarding  the  establishment  of programs to
train individuals as trained  AED  users  shall  specify  the
following:
         (1)  The   curriculum   of   any  program  to  train
    individuals   shall   include   complete   training    in
    cardiopulmonary  resuscitation  (commonly  referred to as
    "CPR")  prepared  according  to   nationally   recognized
    guidelines.
         (2)  The    qualifications    necessary    for   any
    individuals to teach a program to train an individual  as
    a trained AED user.
         (3)  The  time period for which training recognition
    shall be valid, and  the  recommendation  for  subsequent
    renewal.
    (b)  In carrying out subsection (a), the Department shall
identify  an  appropriate  training  curriculum  designed for
trained AED users who are members of the general public,  and
a  training curriculum designed for trained AED users who are
health professionals.

    Section 20.  Maintenance; oversight.
    (a)  A   person   acquiring   an    automated    external
defibrillator shall take reasonable measures to ensure that:
         (1)  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)  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.

    Section   25.   Illinois  Department  of  Public  Health;
responsibilities.   The Illinois Department of Public  Health
shall   maintain   incident  reports  on  automated  external
defibrillator use and conduct annual analyses of all  related
data.   The  Department  shall  adopt  rules to carry out its
responsibilities under this Act.

    Section 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 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)  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.

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