Public Act 095-0447
Public Act 0447 95TH GENERAL ASSEMBLY
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Public Act 095-0447 |
SB0404 Enrolled |
LRB095 07684 DRJ 27836 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Emergency Medical Services (EMS) Systems Act | is amended by changing Section 3.150 as follows:
| (210 ILCS 50/3.150)
| Sec. 3.150. Immunity from civil liability.
| (a) Any person, agency or governmental body certified,
| licensed or authorized pursuant to this Act or rules
| thereunder, who in good faith provides emergency or
| non-emergency medical services during a Department approved
| training course, in the normal course of conducting their
| duties, or in an emergency, shall not be civilly liable as a
| result of their acts or omissions in providing such services
| unless such acts or omissions, including the bypassing of
| nearby hospitals or medical facilities in accordance with
the | protocols developed pursuant to this Act, constitute
willful | and wanton misconduct.
| (b) No person, including any private or
governmental | organization or institution that administers, sponsors,
| authorizes, supports, finances, educates or supervises the
| functions of emergency medical services personnel certified,
| licensed or authorized pursuant to this Act, including
persons |
| participating in a Department approved training
program, shall | be liable for any civil damages for any act
or omission in | connection with administration, sponsorship,
authorization, | support, finance, education or supervision of
such emergency | medical services personnel, where the act or
omission occurs in | connection with activities within the
scope of this Act, unless | the act or omission was the result
of willful and wanton | misconduct.
| (c) Exemption from civil liability for emergency care is as | provided in
the Good Samaritan Act.
| (d) No local agency, entity of State or local
government, | or other public or private organization, nor any
officer, | director, trustee, employee, consultant or agent of
any such | entity, which sponsors, authorizes, supports,
finances, or | supervises the training of persons in the use of
a basic
| cardiopulmonary resuscitation , automated external | defibrillators, or first aid in a course which complies with
| generally recognized standards , shall be liable for damages
in | any civil action based on the training of such persons
unless | an act or omission during the course of instruction
constitutes | willful and wanton misconduct.
| (e) No person who is certified to teach the use of
basic
| cardiopulmonary resuscitation, automated external | defibrillators, or first aid and who teaches a course of
| instruction which complies with generally recognized
standards | for the use of
basic cardiopulmonary resuscitation, automated |
| external defibrillators, or first aid shall be
liable for | damages in any civil action based on the acts or
omissions of a | person who received such instruction, unless
an act or omission | during the course of such instruction
constitutes willful and | wanton misconduct.
| (f) No member or alternate of the State Emergency
Medical | Services Disciplinary Review Board or a local System
review | board who in good faith exercises his
responsibilities under | this Act shall be liable for damages
in any civil action based | on such activities unless an act
or omission during the course | of such activities constitutes
willful and wanton misconduct.
| (g) No EMS Medical Director who in good faith
exercises his | responsibilities under this Act
shall be liable for
damages in | any civil action based on such activities unless
an act or | omission during the course of such activities
constitutes | willful and wanton misconduct.
| (h) Nothing in this Act shall be construed to
create a | cause of action or any civil liabilities.
| (Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
| Section 10. The Automated External Defibrillator Act is | amended by changing Section 20 as follows:
| (410 ILCS 4/20)
| Sec. 20. Maintenance; oversight.
| (a) A person acquiring an automated
external defibrillator |
| shall take reasonable measures to ensure that:
| (1) (blank)
the automated external defibrillator is | used only by trained AED
users ;
| (2) the automated external defibrillator is
maintained | and tested according to the manufacturer's
guidelines;
| (3) any person considered to be an anticipated rescuer | or user will have successfully completed a course of | instruction in accordance with the standards of a | nationally recognized organization, such as the American | Red Cross or the American Heart Association, or a course of | instruction in accordance with existing rules under this | Act to use an automated external defibrillator and to | perform cardiovascular resuscitation (CPR);
the automated | external defibrillator is registered with the EMS
system | hospital in the vicinity of where the automated external | defibrillator
will primarily be located which shall | oversee utilization of the automated
external | defibrillator and ensure that training and maintenance | requirements
are met; and
| (4) any person who renders
out-of-hospital
emergency | care or
treatment to a person in cardiac arrest by using an
| automated external defibrillator activates the EMS system
| as soon as possible and reports any
clinical use of the | automated external defibrillator.
| (b) A person in possession of an automated
external | defibrillator shall notify an agent of the local
emergency |
| communications or vehicle dispatch center of the
existence, | location, and type of the automated external
defibrillator.
| (Source: P.A. 91-524, eff. 1-1-00.)
| Section 15. The Good Samaritan Act is amended by changing | Section 12 and by adding Section 68 as follows:
| (745 ILCS 49/12)
| Sec. 12. Use of an automated
automatic external | defibrillator; exemption
from civil liability for emergency | care. As provided in Section 30 of the Automated External | Defibrillator Act, any automated external defibrillator user | who
Any person who has
successfully completed the training | requirements of a course in
basic emergency care of a person in | cardiac arrest that:
| (i) included training in the operation and use of an | automatic
external defibrillator; and
| (ii) was conducted in accordance with the standards of | the
American Heart Association,
| and who, in good faith and without fee or compensation , not for | compensation, renders
emergency medical care involving the use | of an automated
automatic
external defibrillator in accordance | with his or her training is
not liable for any civil damages as | a result of any act or
omission, except for willful and wanton | misconduct, by that
person in rendering that care.
| (Source: P.A. 90-746, eff. 8-14-98.)
|
| (745 ILCS 49/68 new) | Sec. 68. Disaster Relief Volunteers. Any firefighter, | licensed emergency medical technician (EMT) as defined by | Section 3.50 of the Emergency Medical Services (EMS) Systems | Act, physician, dentist, podiatrist, optometrist, pharmacist, | advanced practice nurse, physician assistant, or nurse who in | good faith and without fee or compensation provides health care | services as a disaster relief volunteer shall not, as a result | of his or her acts or omissions, except willful and wanton | misconduct on the part of the person, in providing health care | services, be liable to a person to whom the health care | services are provided for civil damages. This immunity applies | to health care services that are provided without fee or | compensation during or within 10 days following the end of a | disaster or catastrophic event. | The immunity provided in this Section only applies to a | disaster relief volunteer who provides health care services in | relief of an earthquake, hurricane, tornado, nuclear attack, | terrorist attack, epidemic, or pandemic without fee or | compensation for providing the volunteer health care services. | The provisions of this Section shall not apply to any | health care facility as defined in Section 8-2001 of the Code | of Civil Procedure or to any practitioner, who is not a | disaster relief volunteer, providing health care services in a | hospital or health care facility.
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| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/27/2007
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