91_SB0458enr SB458 Enrolled AN ACT in relation to automated external defibrillators. Be it enacted by the People of the State of Illinois,represented in the General Assembly: Section 1. Short title. This Act may be cited as theAutomated External Defibrillator Act. Section 5. Findings; intent. The General Assembly findsthat timely attention in medical emergencies saves lives, and that trained use of automated external defibrillators in medical emergency response can increase the number of lives saved. It is the intent of the General Assembly to encourage training in lifesaving first aid, to set standards for the use of automated external defibrillators and to encourage their use. Section 10. Definitions. As used in this Act: "Automated external defibrillator" means a medical deviceheart monitor and defibrillator that: 1) has received approval of its premarket notification, filed pursuant to 21 U.S.C. Section 360(k), from the United States Food and Drug Administration;
2) is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;
3) 3)upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual, or charges and delivers an electrical impulse at the command of the operator; and
4) in the case of a defibrillator that may be operated in either an automatic or a manual mode, is set to operate in the automatic mode. "Defibrillation" means administering an electrical impulse to an individual in order to stop ventricular fibrillation or rapid ventricular tachycardia.
"Person" means an individual, partnership, association,corporation, limited liability company, or organized group of persons (whether incorporated or not). "Trained AED user" means a person who has successfullycompleted 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 the rules adopted under this Act to use an automated external defibrillator, or who is licensed to practice medicine in all its branches in this State. "Department" means the Department of Public Health. Section 15. Training.a) The Department shall adopt rules regarding theestablishment of programs to train individuals as trained AED users. Rules regarding the establishment of programs to train individuals as trained AED users shall specify the following: 1) The curriculum of any program to train individuals shall include complete training in cardiopulmonary resuscitation (commonly referred to as "CPR") prepared according to nationally recognized guidelines.
2) The qualifications necessary for any individuals to teach a program to train an individual as a trained AED user.
3) The time period for which training recognition shall be valid, and the recommendation for subsequent renewal.
(b) In carrying out subsection (a), the Department shallidentify an appropriate training curriculum designed for trained AED users who are members of the general public, and a training curriculum designed for trained AED users who are health professionals. Section 20. Maintenance; oversight. a) A person acquiring an automated externaldefibrillator shall take reasonable measures to ensure that:1) 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) 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 externaldefibrillator shall notify an agent of the local emergency communications or vehicle dispatch center of the existence, location, and type of the automated external defibrillator. Section 25. Illinois Department of Public Health;responsibilities. The Illinois Department of Public Health shall maintain incident reports on automated external defibrillator use and conduct annual analyses of all related data. The Department shall adopt rules to carry out its responsibilities under this Act. Section 30. Exemption from civil liability. a) A physician licensed in Illinois to practicemedicine 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. b) An individual or entity providing training in theuse 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. c) A person owning, occupying, or managing the premiseswhere an 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. d) A trained AED user is not liable for civil damagesas 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.