Full Text of HB0313 95th General Assembly
HB0313ham002 95TH GENERAL ASSEMBLY
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Rep. Naomi D. Jakobsson
Filed: 4/17/2007
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09500HB0313ham002 |
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LRB095 04718 DRH 34853 a |
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| AMENDMENT TO HOUSE BILL 313
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| AMENDMENT NO. ______. Amend House Bill 313, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Emergency Medical Services (EMS) Systems | 6 |
| Act is amended by changing Sections 3.50 and 3.150 as follows:
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| (210 ILCS 50/3.50)
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| Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
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| (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | 10 |
| a person who has successfully completed a course of
instruction | 11 |
| in basic life support
as prescribed by the
Department, is | 12 |
| currently licensed by the Department in
accordance with | 13 |
| standards prescribed by this Act and rules
adopted by the | 14 |
| Department pursuant to this Act, and practices within an EMS
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| System.
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| (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
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| means a person who has successfully completed a
course of | 2 |
| instruction in intermediate life support
as
prescribed by the | 3 |
| Department, is currently licensed by the
Department in | 4 |
| accordance with standards prescribed by this
Act and rules | 5 |
| adopted by the Department pursuant to this
Act, and practices | 6 |
| within an Intermediate or Advanced
Life Support EMS System.
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| (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | 8 |
| means a person who
has successfully completed a
course of | 9 |
| instruction in advanced life support care
as
prescribed by the | 10 |
| Department, is licensed by the Department
in accordance with | 11 |
| standards prescribed by this Act and
rules adopted by the | 12 |
| Department pursuant to this Act, and
practices within an | 13 |
| Advanced Life Support EMS System.
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| (d) The Department shall have the authority and
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| responsibility to:
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| (1) Prescribe education and training requirements, | 17 |
| which
includes training in the use of epinephrine and | 18 |
| instruction to check a victim's driver's license for the | 19 |
| presence of a do-not-resuscitate order which may appear on | 20 |
| that driver's license as provided in Section 6-110 of the | 21 |
| Illinois Vehicle Code ,
for all levels of EMT, based on the | 22 |
| respective national
curricula of the United States | 23 |
| Department of Transportation
and any modifications to such | 24 |
| curricula specified by the
Department through rules | 25 |
| adopted pursuant to this Act;
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| (2) Prescribe licensure testing requirements
for all |
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| levels of EMT, which shall include a requirement that
all | 2 |
| phases of instruction, training, and field experience be
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| completed before taking the EMT licensure examination.
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| Candidates may elect to take the National Registry of
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| Emergency Medical Technicians examination in lieu of the
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| Department's examination, but are responsible for making
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| their own arrangements for taking the National Registry
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| examination;
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| (3) License individuals as an EMT-B, EMT-I,
or EMT-P | 10 |
| who have met the Department's education, training and
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| testing requirements;
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| (4) Prescribe annual continuing education and
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| relicensure requirements for all levels of EMT , including | 14 |
| instruction to check a victim's driver's license for the | 15 |
| presence of a do-not-resuscitate order which may appear on | 16 |
| that driver's license as provided in Section 6-110 of the | 17 |
| Illinois Vehicle Code ;
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| (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | 19 |
| every 4 years, based on their compliance with
continuing | 20 |
| education and relicensure requirements;
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| (6) Grant inactive status to any EMT who
qualifies, | 22 |
| based on standards and procedures established by
the | 23 |
| Department in rules adopted pursuant to this Act;
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| (7) Charge each candidate for EMT a fee to be
submitted | 25 |
| with an application for a licensure examination;
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| (8) Suspend, revoke, or refuse to renew the
license of |
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| an EMT, after an opportunity for a hearing, when
findings | 2 |
| show one or more of the following:
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| (A) The EMT has not met continuing
education or | 4 |
| relicensure requirements as prescribed by the | 5 |
| Department;
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| (B) The EMT has failed to maintain
proficiency in | 7 |
| the level of skills for which he or she is licensed;
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| (C) The EMT, during the provision of
medical | 9 |
| services, engaged in dishonorable, unethical or
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| unprofessional conduct of a character likely to | 11 |
| deceive,
defraud or harm the public;
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| (D) The EMT has failed to maintain or
has violated | 13 |
| standards of performance and conduct as prescribed
by | 14 |
| the Department in rules adopted pursuant to this Act or
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| his or her EMS System's Program Plan;
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| (E) The EMT is physically impaired to
the extent | 17 |
| that he or she cannot physically perform the skills and
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| functions for which he or she is licensed, as verified | 19 |
| by a
physician, unless the person is on inactive status | 20 |
| pursuant
to Department regulations;
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| (F) The EMT is mentally impaired to the
extent that | 22 |
| he or she cannot exercise the appropriate judgment,
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| skill and safety for performing the functions for which | 24 |
| he
or she is licensed, as verified by a physician, | 25 |
| unless the person
is on inactive status pursuant to | 26 |
| Department regulations; or
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| (G) The EMT has violated this Act or any
rule | 2 |
| adopted by the Department pursuant to this Act. | 3 |
| The education requirements prescribed by the Department | 4 |
| under this subsection must allow for the suspension of those | 5 |
| requirements in the case of a member of the armed services or | 6 |
| reserve forces of the United States or a member of the Illinois | 7 |
| National Guard who is on active duty pursuant to an executive | 8 |
| order of the President of the United States, an act of the | 9 |
| Congress of the United States, or an order of the Governor at | 10 |
| the time that the member would otherwise be required to fulfill | 11 |
| a particular education requirement. Such a person must fulfill | 12 |
| the education requirement within 6 months after his or her | 13 |
| release from active duty.
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| (e) In the event that any rule of the
Department or an EMS | 15 |
| Medical Director that requires testing for drug
use as a | 16 |
| condition for EMT licensure conflicts with or
duplicates a | 17 |
| provision of a collective bargaining agreement
that requires | 18 |
| testing for drug use, that rule shall not
apply to any person | 19 |
| covered by the collective bargaining
agreement.
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| (Source: P.A. 94-504, eff. 8-8-05.)
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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 , and providing | 7 |
| cardiopulmonary resuscitation to a victim whose driver's | 8 |
| license contained a do-not-resuscitate order, in accordance | 9 |
| with
the protocols developed pursuant to this Act, constitute
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| willful and wanton misconduct.
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| (b) No person, including any private or
governmental | 12 |
| 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 | 16 |
| participating in a Department approved training
program, shall | 17 |
| be liable for any civil damages for any act
or omission in | 18 |
| connection with administration, sponsorship,
authorization, | 19 |
| support, finance, education or supervision of
such emergency | 20 |
| medical services personnel, where the act or
omission occurs in | 21 |
| connection with activities within the
scope of this Act, unless | 22 |
| the act or omission was the result
of willful and wanton | 23 |
| misconduct.
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| (c) Exemption from civil liability for emergency care is as | 25 |
| provided in
the Good Samaritan Act , including exemption from | 26 |
| liability for providing cardiopulmonary resuscitation to a |
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| victim whose driver's license contained a do-not-resuscitate | 2 |
| order .
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| (d) No local agency, entity of State or local
government, | 4 |
| or other public or private organization, nor any
officer, | 5 |
| director, trustee, employee, consultant or agent of
any such | 6 |
| entity, which sponsors, authorizes, supports,
finances, or | 7 |
| supervises the training of persons in a basic
cardiopulmonary | 8 |
| resuscitation course which complies with
generally recognized | 9 |
| standards, shall be liable for damages
in any civil action | 10 |
| based on the training of such persons
unless an act or omission | 11 |
| during the course of instruction
constitutes willful and wanton | 12 |
| misconduct.
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| (e) No person who is certified to teach basic
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| cardiopulmonary resuscitation, and who teaches a course of
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| instruction which complies with generally recognized
standards | 16 |
| for basic cardiopulmonary resuscitation, shall be
liable for | 17 |
| damages in any civil action based on the acts or
omissions of a | 18 |
| person who received such instruction, unless
an act or omission | 19 |
| during the course of such instruction
constitutes willful and | 20 |
| wanton misconduct.
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| (f) No member or alternate of the State Emergency
Medical | 22 |
| Services Disciplinary Review Board or a local System
review | 23 |
| board who in good faith exercises his
responsibilities under | 24 |
| this Act shall be liable for damages
in any civil action based | 25 |
| on such activities unless an act
or omission during the course | 26 |
| of such activities constitutes
willful and wanton misconduct.
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| (g) No EMS Medical Director who in good faith
exercises his | 2 |
| responsibilities under this Act
shall be liable for
damages in | 3 |
| any civil action based on such activities unless
an act or | 4 |
| omission during the course of such activities
constitutes | 5 |
| willful and wanton misconduct.
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| (h) Nothing in this Act shall be construed to
create a | 7 |
| 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 Illinois Vehicle Code is amended by | 10 |
| changing Section 6-110 as follows: | 11 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying | 14 |
| applicant a
driver's license as applied for, which license | 15 |
| shall bear a
distinguishing
number assigned to the licensee, | 16 |
| the legal name,
zip
code, date of birth, residence address, and | 17 |
| a brief description of the
licensee, and
a space where the | 18 |
| licensee may write his usual signature.
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| If the licensee is less than 17 years of age, the license | 20 |
| shall, as a
matter of law, be invalid for the operation of any | 21 |
| motor vehicle during
any time the licensee is prohibited from | 22 |
| being on any street or highway
under the provisions of the | 23 |
| Child Curfew Act.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in | 3 |
| his
discretion substitute a federal tax number or other | 4 |
| distinctive number.
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| A driver's license issued may, in the discretion of the | 6 |
| Secretary,
include a suitable photograph of a type prescribed | 7 |
| by the Secretary.
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| (b) Until the Secretary of State establishes a First Person | 9 |
| Consent organ and tissue donor registry under Section 6-117 of | 10 |
| this Code, the Secretary of State shall provide a format on the | 11 |
| reverse of
each driver's license issued which the licensee may | 12 |
| use to execute a document
of gift conforming to the provisions | 13 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 14 |
| licensee to indicate the gift intended, whether
specific | 15 |
| organs, any organ, or the entire body, and shall accommodate | 16 |
| the
signatures of the donor and 2 witnesses. The Secretary | 17 |
| shall also inform
each applicant or licensee of this format, | 18 |
| describe the procedure for its
execution, and may offer the | 19 |
| necessary witnesses; provided that in so doing,
the Secretary | 20 |
| shall advise the applicant or licensee that he or she is
under | 21 |
| no compulsion to execute a document of gift. A brochure
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| explaining this method of executing an anatomical gift document | 23 |
| shall be given
to each applicant or licensee. The brochure | 24 |
| shall advise the applicant or
licensee that he or she is under | 25 |
| no compulsion to execute a document of
gift, and that he or she | 26 |
| may wish to consult with family, friends or clergy
before doing |
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| so. The Secretary of State may undertake additional efforts,
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| including education and awareness activities, to promote organ | 3 |
| and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's | 5 |
| license issued
a space where the licensee may place a sticker | 6 |
| or decal of the uniform
size as the Secretary may specify, | 7 |
| which sticker or decal may indicate in
appropriate language | 8 |
| that the owner of the license carries an Emergency
Medical | 9 |
| Information Card.
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| The sticker may be provided by any person, hospital, | 11 |
| school,
medical group, or association interested in assisting | 12 |
| in implementing
the Emergency Medical Information Card, but | 13 |
| shall meet the specifications
as the Secretary may by rule or | 14 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's | 16 |
| license issued
a space where the licensee may indicate his | 17 |
| blood type and RH factor.
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| (e) The Secretary of State shall provide
that each original | 19 |
| or renewal driver's license issued to a licensee under
21 years | 20 |
| of age shall be of a distinct nature from those driver's | 21 |
| licenses
issued to individuals 21 years of age and older. The | 22 |
| color designated for
driver's licenses for licensees under 21 | 23 |
| years of age shall be at the
discretion of the Secretary of | 24 |
| State.
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| (e-1) The Secretary shall provide that each driver's | 26 |
| license issued to a
person under the age of 21 displays the |
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| date upon which the person becomes 18
years of age and the date | 2 |
| upon which the person becomes 21 years of age.
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| (f) The Secretary of State shall inform all Illinois | 4 |
| licensed
commercial motor vehicle operators of the | 5 |
| requirements of the Uniform
Commercial Driver License Act, | 6 |
| Article V of this Chapter, and shall make
provisions to insure | 7 |
| that all drivers, seeking to obtain a commercial
driver's | 8 |
| license, be afforded an opportunity prior to April 1, 1992, to
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| obtain the license. The Secretary is authorized to extend
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| driver's license expiration dates, and assign specific times, | 11 |
| dates and
locations where these commercial driver's tests shall | 12 |
| be conducted. Any
applicant, regardless of the current | 13 |
| expiration date of the applicant's
driver's license, may be | 14 |
| subject to any assignment by the Secretary.
Failure to comply | 15 |
| with the Secretary's assignment may result in the
applicant's | 16 |
| forfeiture of an opportunity to receive a commercial driver's
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| license prior to April 1, 1992.
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| (g) The Secretary of State shall designate on a
driver's | 19 |
| license issued, a space where the licensee may indicate that he | 20 |
| or
she has drafted a living will in accordance with the | 21 |
| Illinois Living Will
Act or a durable power of attorney for | 22 |
| health care in accordance with the
Illinois Power of Attorney | 23 |
| Act.
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| (g-1) The Secretary of State, in his or her discretion, may | 25 |
| designate on
each driver's license issued a space where the | 26 |
| licensee may place a sticker or
decal, issued by the Secretary |
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| of State, of uniform size as the Secretary may
specify, that | 2 |
| shall indicate in appropriate language that the owner of the
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| license has renewed his or her driver's license. | 4 |
| (g-5) The Secretary of State, in his or her discretion, may | 5 |
| designate on each driver's license issued a space where the | 6 |
| licensee may place a sticker or decal, issued by the Secretary | 7 |
| of State, of uniform size as the Secretary may specify, on | 8 |
| which the words "Do not resuscitate." shall appear.
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| (h) A person who acts in good faith in accordance with the | 10 |
| terms of
this Section is not liable for damages in any civil | 11 |
| action or subject to
prosecution in any criminal proceeding for | 12 |
| his or her act.
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| (Source: P.A. 93-794, eff. 7-22-04; 93-895, eff. 1-1-05; 94-75, | 14 |
| eff. 1-1-06; 94-930, eff. 6-26-06.)
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| Section 15. The Good Samaritan Act is amended by changing | 16 |
| Section 10 as follows:
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| (745 ILCS 49/10)
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| Sec. 10. Cardiopulmonary resuscitation; exemption from | 19 |
| civil liability
for emergency care. Any person currently | 20 |
| certified in basic
cardiopulmonary resuscitation who complies | 21 |
| with generally
recognized standards, and who in good faith, not | 22 |
| for
compensation, provides emergency cardiopulmonary
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| resuscitation to a person who is an apparent victim of acute
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| cardiopulmonary insufficiency shall not, as the result of
his |
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| or her acts or omissions in providing resuscitation, be
liable | 2 |
| for civil damages, unless the acts or omissions
constitute | 3 |
| willful and wanton misconduct. The exemption from liability | 4 |
| provided by this Section also applies to a person who provides | 5 |
| emergency cardiopulmonary resuscitation to a victim on whose | 6 |
| driver's license the words "Do not resuscitate." appeared as | 7 |
| provided in Section 6-110 of the Illinois Vehicle Code, unless | 8 |
| providing cardiopulmonary resuscitation to that person | 9 |
| constituted willful and wanton misconduct.
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| (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)".
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