Full Text of SB0404 95th General Assembly
SB0404 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0404
Introduced 2/7/2007, by Sen. Deanna Demuzio SYNOPSIS AS INTRODUCED: |
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210 ILCS 50/3.150 |
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745 ILCS 49/12 |
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745 ILCS 49/67 |
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Amends the Emergency Medical Services (EMS) Systems Act and the Good Samaritan Act. Under the Emergency Medical Services (EMS) Systems Act, provides for civil immunity for an agency, organization, or individual who sponsors, authorizes, supports,
finances, or supervises the training of persons in the use of
automated external defibrillators, first aid, or aquatic skills (in addition to cardiopulmonary resuscitation) in a course which complies with
generally recognized standards of the American Red Cross, the American Heart Association, or the National Safety Council. Provides for similar immunity for an individual who teaches such a course of instruction. Under the Good Samaritan Act, provides for civil immunity for a person who is certified in aquatic skills by the American Red Cross or the American Heart Association and who in good faith uses aquatic skills to provide aid without fee to any person. Also changes "automatic external defibrillator" to "automated external defibrillator". Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0404 |
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LRB095 07684 DRJ 27836 b |
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| AN ACT concerning regulation.
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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 3.150 as follows:
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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 in accordance with
the | 17 |
| protocols developed pursuant to this Act, constitute
willful | 18 |
| and wanton misconduct.
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| (b) No person, including any private or
governmental | 20 |
| 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 |
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SB0404 |
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LRB095 07684 DRJ 27836 b |
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| participating in a Department approved training
program, shall | 2 |
| be liable for any civil damages for any act
or omission in | 3 |
| connection with administration, sponsorship,
authorization, | 4 |
| support, finance, education or supervision of
such emergency | 5 |
| medical services personnel, where the act or
omission occurs in | 6 |
| connection with activities within the
scope of this Act, unless | 7 |
| the act or omission was the result
of willful and wanton | 8 |
| misconduct.
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| (c) Exemption from civil liability for emergency care is as | 10 |
| provided in
the Good Samaritan Act.
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| (d) No local agency, entity of State or local
government, | 12 |
| or other public or private organization, nor any
officer, | 13 |
| director, trustee, employee, consultant or agent of
any such | 14 |
| entity, which sponsors, authorizes, supports,
finances, or | 15 |
| supervises the training of persons in the use of
a basic
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| cardiopulmonary resuscitation , automated external | 17 |
| defibrillators, first aid, or aquatic skills in a course which | 18 |
| complies with
generally recognized standards of the American | 19 |
| Red Cross, the American Heart Association, or the National | 20 |
| Safety Council , shall be liable for damages
in any civil action | 21 |
| based on the training of such persons
unless an act or omission | 22 |
| during the course of instruction
constitutes willful and wanton | 23 |
| misconduct.
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| (e) No person who is certified to teach the use of
basic
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| cardiopulmonary resuscitation, automated external | 26 |
| defibrillators, first aid, or aquatic skills and who teaches a |
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SB0404 |
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LRB095 07684 DRJ 27836 b |
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| course of
instruction which complies with generally recognized
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| standards of the American Red Cross, the American Heart | 3 |
| Association, or the National Safety Council for the use of
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| basic cardiopulmonary resuscitation, automated external | 5 |
| defibrillators, first aid, or aquatic skills shall be
liable | 6 |
| for damages in any civil action based on the acts or
omissions | 7 |
| of a person who received such instruction, unless
an act or | 8 |
| omission during the course of such instruction
constitutes | 9 |
| willful and wanton misconduct.
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| (f) No member or alternate of the State Emergency
Medical | 11 |
| Services Disciplinary Review Board or a local System
review | 12 |
| board who in good faith exercises his
responsibilities under | 13 |
| this Act shall be liable for damages
in any civil action based | 14 |
| on such activities unless an act
or omission during the course | 15 |
| of such activities constitutes
willful and wanton misconduct.
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| (g) No EMS Medical Director who in good faith
exercises his | 17 |
| responsibilities under this Act
shall be liable for
damages in | 18 |
| any civil action based on such activities unless
an act or | 19 |
| omission during the course of such activities
constitutes | 20 |
| willful and wanton misconduct.
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| (h) Nothing in this Act shall be construed to
create a | 22 |
| 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 Good Samaritan Act is amended by changing | 25 |
| Sections 12 and 67 as follows:
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SB0404 |
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LRB095 07684 DRJ 27836 b |
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| (745 ILCS 49/12)
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| Sec. 12. Use of an automated
automatic external | 3 |
| defibrillator; exemption
from civil liability for emergency | 4 |
| care. Any person who has
successfully completed the training | 5 |
| requirements of a course in
basic emergency care of a person in | 6 |
| cardiac arrest that:
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| (i) included training in the operation and use of an | 8 |
| automated
automatic
external defibrillator; and
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| (ii) was conducted in accordance with the standards of | 10 |
| the
American Heart Association,
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| and who, in good faith, not for compensation, renders
emergency | 12 |
| medical care involving the use of an automated
automatic
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| external defibrillator in accordance with his or her training | 14 |
| is
not liable for any civil damages as a result of any act or
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| omission, except for willful and wanton misconduct, by that
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| person in rendering that care.
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| (Source: P.A. 90-746, eff. 8-14-98.)
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| (745 ILCS 49/67) | 19 |
| Sec. 67. First aid or aquatic skills providers; exemption | 20 |
| for first aid or use of aquatic skills . Any person who is | 21 |
| currently certified in first aid or aquatic skills by the | 22 |
| American Red Cross, the American Heart Association, or the | 23 |
| National Safety Council and who in good faith provides first | 24 |
| aid without fee to any person or uses aquatic skills to provide |
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LRB095 07684 DRJ 27836 b |
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| aid without fee to any person shall not, as a result of his or | 2 |
| her acts or omissions, except willful and wanton misconduct on | 3 |
| the part of the person in providing the aid, be liable to a | 4 |
| person to whom such aid is provided for civil damages. | 5 |
| The provisions of this Section shall not apply to any | 6 |
| health care facility as defined in Section 8-2001 of the Code | 7 |
| of Civil Procedure or to any practitioner as defined in Section | 8 |
| 8-2003 of the Code of Civil Procedure providing services in a | 9 |
| hospital or health care facility.
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| (Source: P.A. 94-825, eff. 7-1-06; 94-1088, eff. 1-25-07.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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