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91_SB0458
LRB9100023WHmgC
1 AN ACT in relation to automated external defibrillators.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Automated External Defibrillator Act.
6 Section 5. Findings; intent. The General Assembly finds
7 that timely attention in medical emergencies saves lives, and
8 that trained use of automated external defibrillators in
9 medical emergency response can increase the number of lives
10 saved. It is the intent of the General Assembly to encourage
11 training in lifesaving first aid, to set standards for the
12 use of automated external defibrillators and to encourage
13 their use.
14 Section 10. Definitions. As used in this Act:
15 "Automated external defibrillator" means a medical device
16 heart monitor and defibrillator that:
17 (1) has received approval of its premarket
18 notification, filed pursuant to 21 U.S.C. Section 360(k),
19 from the United States Food and Drug Administration;
20 (2) is capable of recognizing the presence or
21 absence of ventricular fibrillation and rapid ventricular
22 tachycardia, and is capable of determining, without
23 intervention by an operator, whether defibrillation
24 should be performed;
25 (3) upon determining that defibrillation should be
26 performed, either automatically charges and delivers an
27 electrical impulse to an individual, or charges and
28 delivers an electrical impulse at the command of the
29 operator; and
30 (4) in the case of a defibrillator that may be
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1 operated in either an automatic or a manual mode, is set
2 to operate in the automatic mode.
3 "Defibrillation" means administering an electrical
4 impulse to an individual in order to stop ventricular
5 fibrillation or rapid ventricular tachycardia.
6 "Person" means an individual, partnership, association,
7 corporation, limited liability company, or organized group of
8 persons (whether incorporated or not).
9 "Trained AED user" means a person who has successfully
10 completed a course of instruction in accordance with the
11 rules adopted under this Act to use an automated external
12 defibrillator, or who is licensed to practice medicine in
13 this State.
14 "Department" means the Department of Public Health.
15 Section 15. Training.
16 (a) The Department shall adopt rules regarding the
17 establishment of programs to train individuals as trained AED
18 users. Rules regarding the establishment of programs to
19 train individuals as trained AED users shall specify the
20 following:
21 (1) The curriculum of any program to train
22 individuals shall include complete training in
23 cardiopulmonary resuscitation (commonly referred to as
24 "CPR") prepared according to nationally recognized
25 guidelines.
26 (2) The qualifications necessary for any
27 individuals to teach a program to train an individual as
28 a trained AED user.
29 (3) The time period for which training recognition
30 shall be valid, and the recommendation for subsequent
31 renewal.
32 (b) In carrying out subsection (a), the Department shall
33 identify an appropriate training curriculum designed for
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1 trained AED users who are members of the general public, and
2 a training curriculum designed for trained AED users who are
3 health professionals.
4 Section 20. Maintenance; oversight.
5 (a) A person acquiring an automated external
6 defibrillator shall take reasonable measures to ensure that:
7 (1) the automated external defibrillator is used
8 only by trained AED users;
9 (2) the automated external defibrillator is
10 maintained and tested according to the manufacturer's
11 guidelines;
12 (3) a licensed physician in the State of Illinois
13 who has regular involvement in cardiac care exercises
14 oversight over the particular automated external
15 defibrillator and the automated external defibrillator
16 program and ascertains that training, maintenance, and
17 EMS system activation requirements are met; and
18 (4) any person who renders out-of-hospital
19 emergency care or treatment to a person in cardiac arrest
20 by using an automated external defibrillator activates
21 the EMS system as soon as possible and reports any
22 clinical use of the automated external defibrillator to
23 the licensed physician exercising oversight under
24 subdivision (3).
25 (b) A person in possession of an automated external
26 defibrillator shall notify an agent of the local emergency
27 communications or vehicle dispatch center of the existence,
28 location, and type of the automated external defibrillator.
29 Section 25. Illinois Department of Public Health;
30 responsibilities. The Illinois Department of Public Health
31 shall maintain incident reports on automated external
32 defibrillator use and conduct annual analyses of all related
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1 data. The Department shall adopt rules to carry out its
2 responsibilities under this Act.
3 Section 30. Exemption from civil liability. A
4 prescribing physician authorizing the purchase of an
5 automated external defibrillator, an individual or entity
6 providing training to current or prospective trained AED
7 users; a person owning, occupying, or managing the premises
8 where an automated external defibrillator is located, and a
9 trained AED user are not liable for civil damages as a result
10 of any act or omission involving the use of an automated
11 external defibrillator, except for willful or wanton
12 misconduct, if the requirements of this Act are met.