Synopsis As Introduced Creates the Physical Fitness Facility Medical Emergency Preparedness Act. Requires various indoor physical fitness facilities to develop and implement a plan for responding to medical emergencies and to file a copy of the plan with the Department of Public Health. Requires each such facility to have at least one automated external defibrillator (AED) on the facility premises and to have a trained AED user on staff. Requires the Department to adopt rules to ensure coordination with local emergency medical services systems regarding the placement and use of AEDs in physical fitness facilities. Authorizes the Department to inspect facilities to investigate complaints and ensure compliance with the Act. Authorizes civil monetary penalties for violations of the Act. Contains provisions concerning civil liability in connection with the purchase or use of an AED. Establishes a time frame for compliance with the Act. Preempts home rule. Provides for the deposit of fines into the Physical Fitness Facility Medical Emergency Preparedness Fund. Amends The State Finance Act to create the Fund. Amends the State Mandates Act to provide that no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act. Amends the Automated External Defibrillator Act to provide that (i) a unit of State or local government, or school district (as well as a "person") is not liable for civil damages as a result of an act or omission involving the use of an AED, (ii) "an" AED user (instead of "a trained" AED user) is not liable for such damages, and (iii) the provisions concerning exemption from civil liability do not apply to a public hospital.
House Floor Amendment No. 1 Provides that a right of action does not exist in connection with the use or non-use of an automated external defibrillator at a facility provided specified conditions are met, except for willful or wanton misconduct.
Fiscal Note (Department of Professional Regulation)
No fiscal impact.
Home Rule Note (Department of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, this legislation pre-empts home rule authority.
State Mandates Fiscal Note (Department of Commerce and Economic Opportunity)
Does create a state mandate under the State Mandates Act.
Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the engrossed bill with the following changes. In the Physical Fitness Facility Medical Emergency Preparedness Act, changes the dates for compliance with the Act by privately owned or operated indoor physical fitness facilities and public entities owning or operating physical fitness facilities.