Judiciary I - Civil Law Committee
Filed: 5/16/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 404




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    AMENDMENT NO. ______. Amend Senate Bill 404 by replacing 
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lines 20 through 24 on page 3 and lines 1 through 14 on page 4 
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with the following:

 
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    "Section 10. The Automated External Defibrillator Act is 
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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 
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    used only by trained AED
users;


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        (2) the automated external defibrillator is
maintained 
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    and tested according to the manufacturer's
guidelines;


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        (3) any person considered to be an anticipated rescuer 
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    or user will have successfully completed a course of 
 


 






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    instruction in accordance with the standards of a 
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    nationally recognized organization, such as the American 
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    Red Cross or the American Heart Association, or a course of 
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    instruction in accordance with existing rules under this 
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    Act to use an automated external defibrillator and to 
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    perform cardiovascular resuscitation (CPR);
the automated 
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    external defibrillator is registered with the EMS
system 
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    hospital in the vicinity of where the automated external 
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    defibrillator
will primarily be located which shall 
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    oversee utilization of the automated
external 
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    defibrillator and ensure that training and maintenance 
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    requirements
are met; and


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        (4) any person who renders
out-of-hospital
emergency 
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    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 
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    automated external defibrillator.

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    (b) A person in possession of an automated
external 
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defibrillator shall notify an agent of the local
emergency 
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communications or vehicle dispatch center of the
existence, 
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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 
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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 
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defibrillator; exemption
from civil liability for emergency 
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care. As provided in Section 30 of the Automated External 
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Defibrillator Act, any automated external defibrillator user 
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who
Any person who has
successfully completed the training 
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requirements of a course in
basic emergency care of a person in 
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cardiac arrest that:


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        (i) included training in the operation and use of an 
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    automatic
external defibrillator; and


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        (ii) was conducted in accordance with the standards of 
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    the
American Heart Association,

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and who, in good faith and without fee or compensation , not for 
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compensation, renders
emergency medical care involving the use 
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of an automated
automatic
external defibrillator in accordance 
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with his or her  training is
not liable for any civil damages as 
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a result of any act or
omission, except for willful and wanton 
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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)
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    Sec. 68. Disaster Relief Volunteers.  Any firefighter, 
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licensed emergency medical technician (EMT) as defined by 
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Section 3.50 of the Emergency Medical Services (EMS) Systems 
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Act, physician, dentist, podiatrist, optometrist, pharmacist, 
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advanced practice nurse, physician assistant, or nurse who in 
 


 






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good faith and without fee or compensation provides health care 
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services as a disaster relief volunteer shall not, as a result 
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of his or her acts or omissions, except willful and wanton 
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misconduct on the part of the person, in providing health care 
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services, be liable to a person to whom the health care 
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services are provided for civil damages. This immunity applies 
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to health care services that are provided without fee or 
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compensation during or within 10 days following the end of a 
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disaster or catastrophic event.
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    The immunity provided in this Section only applies to a 
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disaster relief volunteer who provides health care services in 
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relief of an earthquake, hurricane, tornado, nuclear attack, 
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terrorist attack, epidemic, or pandemic without fee or 
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compensation for providing the volunteer health care services.
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    The provisions of this Section shall not apply to any 
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health care facility as defined in Section 8-2001 of the Code 
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of Civil Procedure or to any practitioner, who is not a 
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disaster relief volunteer, providing health care services in a 
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hospital or health care facility.".