Full Text of HB4688 95th General Assembly
HB4688 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4688
Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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210 ILCS 50/3.155 |
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745 ILCS 10/5-107 new |
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745 ILCS 49/70 |
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Amends the Emergency Medical Services (EMS) Systems Act. Provides that emergency medical personnel from outside Illinois are not prevented from rendering requested assistance in Illinois while participating within a formal mutual aid system. Provides that immunities in the Act apply to the specified activities performed by personnel from outside Illinois (instead of providing that there is no immunity for these activities). Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that a local entity outside of Illinois, or any of its employees, providing fire and rescue services in Illinois under a mutual aid agreement with the State or a political subdivision shall have the same immunities as do public entities and employees in Illinois. Amends the Good Samaritan Act. Provides that the immunity provided for law enforcement officers, firemen, EMTs, and first responders also applies to similar employees from outside Illinois who provide services under a mutual aid agreement with Illinois or one of its political subdivisions. Effective immediately.
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A BILL FOR
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HB4688 |
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LRB095 17670 AJO 43744 b |
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| AN ACT concerning immunities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by changing Section 3.155 as follows:
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| (210 ILCS 50/3.155)
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| Sec. 3.155. General Provisions.
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| (a) Authority and responsibility for the EMS System
shall | 9 |
| be vested in the EMS Resource Hospital, through the
EMS Medical | 10 |
| Director or his designee.
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| (b) For an inter-hospital emergency or
non-emergency | 12 |
| medical transport, in which the physician from the sending
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| hospital provides the EMS personnel with written medical
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| orders, such written medical orders cannot exceed the scope
of | 15 |
| care which the EMS personnel are authorized to render
pursuant | 16 |
| to this Act.
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| (c) For an inter-hospital emergency or
non-emergency | 18 |
| medical transport of a patient who requires medical care
beyond | 19 |
| the scope of care which the EMS personnel are
authorized to | 20 |
| render pursuant to this Act, a qualified
physician, nurse, | 21 |
| perfusionist, or respiratory therapist
familiar with the scope | 22 |
| of care needed must accompany the
patient and the transferring | 23 |
| hospital and physician shall
assume medical responsibility for |
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HB4688 |
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LRB095 17670 AJO 43744 b |
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| that portion of the
medical care.
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| (d) No emergency medical services vehicles or
personnel | 3 |
| from another State or nation may be utilized on a
regular basis | 4 |
| to pick up and transport patients within this
State without | 5 |
| first complying with this Act and all rules
adopted by the | 6 |
| Department pursuant to this Act.
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| (e) This Act shall not prevent emergency medical
services | 8 |
| vehicles or personnel from another State or nation
from | 9 |
| rendering requested assistance in this State in a
disaster | 10 |
| situation, or while participating within the Mutual Aid Box | 11 |
| Alarm System, an Illinois intergovernmental agency, or a | 12 |
| similar formal mutual aid system organized and operating | 13 |
| pursuant to the Intergovernmental Cooperation Act, or | 14 |
| operating from a location outside the
State and occasionally | 15 |
| transporting patients into this State
for needed medical care. | 16 |
| The immunities provided in Section 3.150 of this Act shall | 17 |
| apply to such activities Except as provided in Section 31
of | 18 |
| this Act, this Act shall not provide immunity from
liability | 19 |
| for such activities .
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| (f) Except as provided in subsection (e) of this
Section, | 21 |
| no person or entity shall transport emergency or
non-emergency | 22 |
| patients by ambulance, SEMSV, or medical
carrier without first | 23 |
| complying with the provisions of this
Act and all rules adopted | 24 |
| pursuant to this Act.
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| (g) Nothing in this Act or the rules adopted by the | 26 |
| Department under this
Act shall be construed to authorize any |
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| medical treatment to or transportation
of any person who | 2 |
| objects on religious grounds.
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| (h) Patients, individuals who accompany a patient, and | 4 |
| emergency medical
services personnel may not smoke while inside | 5 |
| an ambulance or SEMSV. The
Department of Public Health may | 6 |
| impose a civil penalty on an individual who
violates
this
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| subsection in the amount of $100.
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| (Source: P.A. 92-376, eff. 8-15-01.)
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| Section 10. The Local Governmental and Governmental | 10 |
| Employees Tort
Immunity Act is amended by adding Section 5-107 | 11 |
| as follows: | 12 |
| (745 ILCS 10/5-107 new)
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| Sec. 5-107. Out-of-State providers. Any local public | 14 |
| entity from another state or nation, and any public employee of | 15 |
| such an entity acting within the scope of his or her | 16 |
| employment, who is providing fire protection and rescue | 17 |
| services within this State pursuant to a mutual aid agreement | 18 |
| with the State of Illinois or any political subdivision of the | 19 |
| State, or while participating within the Mutual Aid Box Alarm | 20 |
| System, an Illinois intergovernmental agency, or a similar | 21 |
| formal mutual aid system organized and operating pursuant to | 22 |
| the Intergovernmental Cooperation Act, shall have the same | 23 |
| immunities that local public entities and public employees have | 24 |
| under this Act.
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| Section 15. The Good Samaritan Act is amended by changing | 2 |
| Section 70 as follows:
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| (745 ILCS 49/70)
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| Sec. 70. Law enforcement officers, firemen, Emergency | 5 |
| Medical Technicians (EMTs) and First Responders; exemption | 6 |
| from
civil liability for emergency care.
Any law enforcement | 7 |
| officer or fireman as defined in Section 2 of the
Line of Duty | 8 |
| Compensation Act, any "emergency medical technician (EMT)" as | 9 |
| defined in Section 3.50 of the Emergency Medical Services (EMS) | 10 |
| Systems Act, and any "first responder" as defined in Section | 11 |
| 3.60 of the Emergency Medical Services (EMS) Systems Act,
who | 12 |
| in good faith
provides emergency care without fee or | 13 |
| compensation to any person shall not, as a result of
his or her | 14 |
| acts or omissions, except willful and wanton misconduct on the
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| part of
the person, in providing the care, be liable to a | 16 |
| person to whom such
care is provided for civil damages. The | 17 |
| immunities provided in this Section shall apply to any | 18 |
| firefighter, EMT, paramedic, special operations personnel, or | 19 |
| other first responder from another state or nation who is | 20 |
| providing emergency care pursuant to a mutual aid agreement | 21 |
| with the State of Illinois or any political subdivision of the | 22 |
| State.
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| (Source: P.A. 93-1047, eff. 10-18-04; 94-826, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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