Rep. Daniel J. Burke
Filed: 3/16/2010
 
 

 




 

 		












09600HB5838ham002

LRB096 19057 KTG 38968 a






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AMENDMENT TO HOUSE BILL 5838




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    AMENDMENT NO. ______. Amend House Bill 5838, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Physical Fitness
Facility
Medical 
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Emergency Preparedness Act is amended  by changing Section 15 as 
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follows:
 
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    (210 ILCS 74/15)
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    Sec. 15. Automated external defibrillator required.
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    (a) By the dates specified in Section 50, every physical 
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fitness facility
must have at least one AED on the facility 
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premises.  The Department
shall adopt
rules to ensure 
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coordination with local emergency medical services systems

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regarding the
placement and use of AEDs in physical fitness 
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facilities. The Department may
adopt
rules requiring a facility 
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to have more than one AED on the premises, based on
factors

 


 






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that include the following:
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        (1) The size of the area or the number of buildings or 
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    floors occupied by
the facility.
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        (2) The number of persons using the facility, excluding 
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    spectators.
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    (b) A physical fitness facility
must ensure that
there is a 
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trained
AED user on staff during staffed business hours. For 
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purposes
of this Act, "trained AED user" has the meaning 
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ascribed to that term in Section 10 of the Automated External 
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Defibrillator Act.
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    (b-5) The Department shall adopt rules that
encourage any 
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non-employee coach, non-employee instructor, or
other 
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similarly situated non-employee anticipated rescuer
who uses a 
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physical fitness facility in conjunction with the
supervision 
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of physical fitness activities to complete a course of

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instruction that would qualify such a person as a trained
AED 
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user, as defined in Section 10 of the Automated External 
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Defibrillator Act.
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    (b-10) In the case of an outdoor physical fitness facility, 
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the AED must be housed in a building, if any, that is within 
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300 feet of the outdoor facility where an event or
activity is 
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being conducted. If there is such a building within the 
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required
distance, the building must provide unimpeded and open

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access to the housed AED, and the building's entrances shall

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further provide marked directions to the housed AED. If there 
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is no
such building, the person responsible for supervising the 
 


 






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activity at the outdoor physical fitness facility shall ensure 
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that an AED is available at the outdoor facility during the 
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time that the event or activity at the facility is being 
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conducted.

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    (b-15) Facilities described in paragraph (1.5) of Section 
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5.25 must have an AED on site as well as a trained AED user 
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available only during activities or events sponsored and 
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conducted or supervised by a person or persons employed by the 
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unit of local government, school, college, or university.
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    (c) Every physical fitness facility must ensure that every 
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AED on the
facility's
premises is properly tested and 
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maintained in accordance with rules adopted by
the
Department.
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(Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10; 96-873, 
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eff. 1-21-10.)".