Illinois General Assembly - Full Text of HB5838
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Full Text of HB5838  96th General Assembly


Rep. Daniel J. Burke

Filed: 3/16/2010





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2     AMENDMENT NO. ______. Amend House Bill 5838, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The Physical Fitness Facility Medical
6 Emergency Preparedness Act is amended by changing Section 15 as
7 follows:
8     (210 ILCS 74/15)
9     Sec. 15. Automated external defibrillator required.
10     (a) By the dates specified in Section 50, every physical
11 fitness facility must have at least one AED on the facility
12 premises. The Department shall adopt rules to ensure
13 coordination with local emergency medical services systems
14 regarding the placement and use of AEDs in physical fitness
15 facilities. The Department may adopt rules requiring a facility
16 to have more than one AED on the premises, based on factors



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1 that include the following:
2         (1) The size of the area or the number of buildings or
3     floors occupied by the facility.
4         (2) The number of persons using the facility, excluding
5     spectators.
6     (b) A physical fitness facility must ensure that there is a
7 trained AED user on staff during staffed business hours. For
8 purposes of this Act, "trained AED user" has the meaning
9 ascribed to that term in Section 10 of the Automated External
10 Defibrillator Act.
11     (b-5) The Department shall adopt rules that encourage any
12 non-employee coach, non-employee instructor, or other
13 similarly situated non-employee anticipated rescuer who uses a
14 physical fitness facility in conjunction with the supervision
15 of physical fitness activities to complete a course of
16 instruction that would qualify such a person as a trained AED
17 user, as defined in Section 10 of the Automated External
18 Defibrillator Act.
19     (b-10) In the case of an outdoor physical fitness facility,
20 the AED must be housed in a building, if any, that is within
21 300 feet of the outdoor facility where an event or activity is
22 being conducted. If there is such a building within the
23 required distance, the building must provide unimpeded and open
24 access to the housed AED, and the building's entrances shall
25 further provide marked directions to the housed AED. If there
26 is no such building, the person responsible for supervising the



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1 activity at the outdoor physical fitness facility shall ensure
2 that an AED is available at the outdoor facility during the
3 time that the event or activity at the facility is being
4 conducted.
5     (b-15) Facilities described in paragraph (1.5) of Section
6 5.25 must have an AED on site as well as a trained AED user
7 available only during activities or events sponsored and
8 conducted or supervised by a person or persons employed by the
9 unit of local government, school, college, or university.
10     (c) Every physical fitness facility must ensure that every
11 AED on the facility's premises is properly tested and
12 maintained in accordance with rules adopted by the Department.
13 (Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10; 96-873,
14 eff. 1-21-10.)".