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91_SB0458enr SB458 Enrolled 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 SB458 Enrolled -2- LRB9100023WHmgC 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 standards of a nationally recognized organization such as the 12 American Red Cross or the American Heart Association or a 13 course of instruction in accordance with the rules adopted 14 under this Act to use an automated external defibrillator, or 15 who is licensed to practice medicine in all its branches in 16 this State. 17 "Department" means the Department of Public Health. 18 Section 15. Training. 19 (a) The Department shall adopt rules regarding the 20 establishment of programs to train individuals as trained AED 21 users. Rules regarding the establishment of programs to 22 train individuals as trained AED users shall specify the 23 following: 24 (1) The curriculum of any program to train 25 individuals shall include complete training in 26 cardiopulmonary resuscitation (commonly referred to as 27 "CPR") prepared according to nationally recognized 28 guidelines. 29 (2) The qualifications necessary for any 30 individuals to teach a program to train an individual as 31 a trained AED user. 32 (3) The time period for which training recognition 33 shall be valid, and the recommendation for subsequent SB458 Enrolled -3- LRB9100023WHmgC 1 renewal. 2 (b) In carrying out subsection (a), the Department shall 3 identify an appropriate training curriculum designed for 4 trained AED users who are members of the general public, and 5 a training curriculum designed for trained AED users who are 6 health professionals. 7 Section 20. Maintenance; oversight. 8 (a) A person acquiring an automated external 9 defibrillator shall take reasonable measures to ensure that: 10 (1) the automated external defibrillator is used 11 only by trained AED users; 12 (2) the automated external defibrillator is 13 maintained and tested according to the manufacturer's 14 guidelines; 15 (3) the automated external defibrillator is 16 registered with the EMS system hospital in the vicinity 17 of where the automated external defibrillator will 18 primarily be located which shall oversee utilization of 19 the automated external defibrillator and ensure that 20 training and maintenance requirements are met; and 21 (4) any person who renders out-of-hospital 22 emergency care or treatment to a person in cardiac arrest 23 by using an automated external defibrillator activates 24 the EMS system as soon as possible and reports any 25 clinical use of the automated external defibrillator. 26 (b) A person in possession of an automated external 27 defibrillator shall notify an agent of the local emergency 28 communications or vehicle dispatch center of the existence, 29 location, and type of the automated external defibrillator. 30 Section 25. Illinois Department of Public Health; 31 responsibilities. The Illinois Department of Public Health 32 shall maintain incident reports on automated external SB458 Enrolled -4- LRB9100023WHmgC 1 defibrillator use and conduct annual analyses of all related 2 data. The Department shall adopt rules to carry out its 3 responsibilities under this Act. 4 Section 30. Exemption from civil liability. 5 (a) A physician licensed in Illinois to practice 6 medicine in all its branches who authorizes the purchase of 7 an automated external defibrillator is not liable for civil 8 damages as a result of any act or omission arising out of 9 authorizing the purchase of an automated external 10 defibrillator, except for willful or wanton misconduct, if 11 the requirements of this Act are met. 12 (b) An individual or entity providing training in the 13 use of automated external defibrillators is not liable for 14 civil damages as a result of any act or omission involving 15 the use of an automated external defibrillator, except for 16 willful or wanton misconduct, if the requirements of this Act 17 are met. 18 (c) A person owning, occupying, or managing the premises 19 where an automated external defibrillator is located is not 20 liable for civil damages as a result of any act or omission 21 involving the use of an automated external defibrillator, 22 except for willful or wanton misconduct, if the requirements 23 of this Act are met. 24 (d) A trained AED user is not liable for civil damages 25 as a result of any act or omission involving the use of an 26 automated external defibrillator in an emergency situation, 27 except for willful or wanton misconduct, if the requirements 28 of this Act are met.