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| Public Act 093-0910 |
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AN ACT in relation to health, which may be known as the | ||||
Colleen O'Sullivan Law.
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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 1. Short title. This Act may be cited as the | ||||
Physical Fitness
Facility
Medical Emergency Preparedness Act.
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Section 5. Definitions. In this Act, words and phrases have | ||||
the meanings set
forth
in the following Sections.
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Section 5.5. Automated external defibrillator. "Automated | ||||
external
defibrillator"
or "AED" means an automated external | ||||
defibrillator as defined in the Automated
External | ||||
Defibrillator Act.
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Section 5.10. Department. "Department" means the | ||||
Department of Public
Health.
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Section 5.15. Director. "Director" means the Director of | ||||
Public Health.
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Section 5.20. Medical emergency. "Medical emergency" means | ||||
the occurrence of
a sudden, serious, and unexpected sickness or | ||||
injury that would lead a
reasonable person,
possessing an | ||||
average knowledge of medicine and health, to believe that the
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sick or
injured person requires urgent or unscheduled medical | ||||
care.
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Section 5.25. Physical fitness facility.
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(a) "Physical fitness facility" means the following:
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(1) Any of the following indoor facilities that is (i) | ||||
owned or operated
by a park district,
municipality, or | ||||
other unit of local government, including a home rule unit, | ||||
or
by a public or private
elementary or
secondary school, | ||
college, university, or technical or trade
school
and (ii) | ||
supervised by one or more persons, other than maintenance | ||
or security
personnel, employed by the unit of local
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government, school, college, or university for the purpose | ||
of directly
supervising the
physical fitness activities | ||
taking place at any of these indoor facilities:
a swimming | ||
pool; stadium; athletic field; track and field
facility;
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tennis court; basketball court; or volleyball court; or | ||
such facilities located
adjacent thereto.
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(2) Except as provided in subsection (b), any other | ||
indoor establishment,
whether
public or private, that
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provides services or facilities focusing primarily on | ||
cardiovascular
exertion as defined by Department rule.
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(b) "Physical fitness facility" does not include a facility | ||
serving less
than a total of 100 individuals, as further | ||
defined by Department rule. In
addition, the term does not | ||
include a
facility located in a
hospital or in
a hotel or | ||
motel, or any outdoor facility. The term also does not include | ||
any
facility that does not
employ any
persons to provide | ||
instruction, training, or assistance for persons using the
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facility.
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Section 10. Medical emergency plan required.
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(a) Before July 1, 2005, each person or entity, including a | ||
home rule
unit, that operates a physical
fitness facility must | ||
adopt and
implement
a written plan for responding to medical | ||
emergencies that occur at the facility
during the
time that the | ||
facility is open for use by its members or by the public. The
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plan must
comply with this Act and rules adopted by the | ||
Department to implement this Act.
The
facility must file a copy | ||
of the plan with the Department.
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(b) Whenever there is a change in the structure occupied by | ||
the facility or
in
the
services provided or offered by the | ||
facility that would materially affect the
facility's
ability to | ||
respond to a medical emergency, the person or entity, including | ||
a
home rule unit, must promptly
update
its plan
developed under | ||
subsection (a) and must file a copy of the updated plan with
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the
Department.
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Section 15. Automated external defibrillator required.
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(a) By the dates specified in Section 50, every physical | ||
fitness facility
must have at least one AED on the facility | ||
premises. The Department
shall adopt
rules to ensure | ||
coordination with local emergency medical services systems
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regarding the
placement and use of AEDs in physical fitness | ||
facilities. The Department may
adopt
rules requiring a facility | ||
to have more than one AED on the premises, based on
factors
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that include the following:
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(1) The size of the area or the number of buildings or | ||
floors occupied by
the facility.
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(2) The number of persons using the facility, excluding | ||
spectators.
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(b) A physical fitness facility
must ensure that
there is a | ||
trained
AED user on staff.
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(c) Every physical fitness facility must ensure that every | ||
AED on the
facility's
premises is properly tested and | ||
maintained in accordance with rules adopted by
the
Department.
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Section 20. Training. The Department shall adopt rules to | ||
establish programs
to
train physical fitness facility staff on | ||
the role of cardiopulmonary
resuscitation and the
use of | ||
automated external defibrillators. The rules must be | ||
consistent with
those adopted
by the Department for training | ||
AED users under the Automated External
Defibrillator
Act.
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Section 30. Inspections. The Department shall inspect a | ||
physical fitness
facility in
response to a complaint filed with | ||
the Department alleging a violation of this
Act. For
the | ||
purpose of ensuring compliance with this Act, the Department | ||
may inspect a
physical
fitness facility at other times in | ||
accordance with rules adopted by the
Department.
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Section 35. Penalties for violations.
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(a) If a physical fitness facility violates this Act by (i) | ||
failing to adopt
or
implement a plan for responding to medical | ||
emergencies under Section 10 or (ii)
failing
to have on the | ||
premises an AED or trained AED user as required under
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subsection (a) or (b) of Section 15, the Director may issue to | ||
the facility a
written administrative warning without monetary | ||
penalty for the initial
violation. The facility may reply to | ||
the Department with written comments
concerning the facility's | ||
remedial response to the warning. For subsequent
violations, | ||
the Director may impose a civil monetary penalty against the
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facility as follows:
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(1) At least $1,500 but less than $2,000 for a second
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violation.
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(2) At least $2,000 for a third or subsequent | ||
violation.
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(b) The Director may impose a civil monetary penalty under | ||
this
Section only after it
provides the following to the | ||
facility:
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(1) Written notice of the alleged violation.
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(2) Written notice of the facility's right to request | ||
an administrative
hearing on the question of the alleged | ||
violation.
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(3) An opportunity to present evidence, orally or in | ||
writing or both, on
the
question of the alleged violation | ||
before an impartial hearing examiner
appointed
by the | ||
Director.
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(4) A written decision from the Director, based on the | ||
evidence introduced
at the hearing and the hearing | ||
examiner's recommendations, finding that the
facility | ||
violated this Act and imposing the civil penalty.
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(c) The Attorney General may bring an action in the circuit | ||
court to enforce
the
collection of a monetary penalty imposed | ||
under this Section.
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(d) The fines shall be deposited into the Physical Fitness | ||
Facility
Medical Emergency Preparedness Fund to be | ||
appropriated to the
Department, together with any other | ||
amounts, for the costs of administering
this Act.
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Section 40. Rules. The Department shall adopt rules to | ||
implement this Act.
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Section 45. Liability. Nothing in this Act shall be | ||
construed to either
limit
or
expand the exemptions from civil | ||
liability in connection with the purchase or
use of an
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automated external defibrillator that are provided under the | ||
Automated External
Defibrillator Act or under any other | ||
provision of law.
A right of action does not exist in | ||
connection with the use or non-use of an
automated external | ||
defibrillator at a facility governed by this Act, except for | ||
willful or wanton misconduct, provided
that the person, unit of | ||
state or local government, or school district
operating the | ||
facility has adopted a medical
emergency
plan as required under | ||
Section 10 of this Act, has an automated external
defibrillator | ||
at the facility as required under Section 15 of this Act, and | ||
has
maintained the automated external defibrillator in | ||
accordance with the rules
adopted by the Department.
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Section 50. Compliance dates; private and public indoor | ||
physical fitness
facilities.
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(a) Privately owned indoor physical fitness facilities. | ||
Every
privately owned
or operated indoor physical fitness | ||
facility must be in compliance with this
Act on or
before July | ||
1, 2006.
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(b) Publicly owned indoor physical fitness facilities. A | ||
public
entity owning or
operating 4 or fewer indoor physical | ||
fitness facilities must have at least one
such
facility in | ||
compliance with this Act on or before July 1, 2006; its second
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facility in compliance by July 1, 2007; its third facility in | ||
compliance by
July 1, 2008; and
its fourth
facility in | ||
compliance by July 1, 2009.
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A public entity owning or operating
more than 4 indoor | ||
physical fitness facilities must have 25% of those
facilities | ||
in
compliance by July 1, 2006; 50% of those facilities in | ||
compliance by July 1,
2007; 75% of those facilities in | ||
compliance by July 1, 2008; and 100% of those
facilities in | ||
compliance by July 1, 2009.
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Section 55. Home rule. A home rule unit must comply with | ||
the
requirements of this Act. A home rule unit may not regulate | ||
physical
fitness facilities in a manner inconsistent with this | ||
Act. This Section is a
limitation under subsection (i) of | ||
Section 6 of Article VII of the Illinois
Constitution on the | ||
concurrent exercise by home rule units of powers and
functions | ||
exercised by the State.
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Section 90. The State Finance Act is amended by adding | ||
Section
5.625 as follows:
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(30 ILCS 105/5.625 new)
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Sec. 5.625. The Physical Fitness Facility Medical | ||
Emergency
Preparedness Fund.
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Section 95. The State Mandates Act is amended by adding | ||
Section 8.28 as
follows:
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(30 ILCS 805/8.28 new)
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Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this
Act, no reimbursement by the State is required for the | ||
implementation of
any mandate created by this amendatory Act of | ||
the 93rd General Assembly.
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Section 100. The Automated External Defibrillator Act is | ||
amended by
changing Section 30 as follows:
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(410 ILCS 4/30)
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Sec. 30. Exemption from civil liability.
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(a) A physician licensed in Illinois to practice medicine | ||
in all its
branches who authorizes the purchase of an automated | ||
external
defibrillator is not liable for civil damages as a | ||
result of any act or
omission arising out of authorizing the | ||
purchase of an automated external
defibrillator, except for | ||
willful or wanton misconduct, if
the requirements of this Act | ||
are met.
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(b) An individual or entity providing training in the use | ||
of automated
external defibrillators is not liable for civil | ||
damages as a result of any act
or omission involving the use of | ||
an automated external defibrillator, except
for willful or | ||
wanton misconduct, if the requirements of this Act are met.
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(c) A person, unit of State or local government, or school
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district owning, occupying, or managing the premises where an
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automated external defibrillator is located is not liable for | ||
civil damages as
a
result of any act or omission involving the | ||
use of an automated
external
defibrillator, except for willful | ||
or wanton misconduct, if the requirements of
this Act are met.
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(d) An
A trained AED user is not liable for civil damages | ||
as a
result of
any act or omission involving the use of an | ||
automated external defibrillator
in an emergency situation, | ||
except for willful or wanton misconduct, if the
requirements of | ||
this Act are met.
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(e) This Section does not apply to a public hospital.
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(Source: P.A. 91-524, eff. 1-1-00.)
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