Illinois 95th Regular Session Status: Enacted

SB 404 — EMERGENCY MED SRVICES-IMMUNITY

Last action — Public Act . . . . . . . . . 95-0447

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Emergency Medical Services (EMS) Systems Act and the Good Samaritan Act. Under the Emergency Medical Services (EMS) Systems Act, provides for civil immunity for an agency, organization, or individual who sponsors, authorizes, supports, finances, or supervises the training of persons in the use of automated external defibrillators, first aid, or aquatic skills (in addition to cardiopulmonary resuscitation) in a course which complies with generally recognized standards of the American Red Cross, the American Heart Association, or the National Safety Council. Provides for similar immunity for an individual who teaches such a course of instruction. Under the Good Samaritan Act, provides for civil immunity for a person who is certified in aquatic skills by the American Red Cross, or the American Heart Association, or the National Safety Council and who in good faith uses aquatic skills to provide aid without fee to any person. Also changes "automatic external defibrillator" to "automated external defibrillator". Effective immediately.

Bill Text

What changed in the latest version

89 added · 25 removed

Plain-language change summary

The recent changes to SB 404 modify provisions related to the use and maintenance of automated external defibrillators (AEDs). Specifically, the bill now emphasizes that AED users must be trained according to recognized national standards and requires AEDs to be registered with local emergency medical services. This is important because it ensures that AEDs are used by properly trained individuals and are well-maintained, potentially increasing the effectiveness of emergency responses to cardiac events and enhancing public safety.

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SB0404 Engrossed LRB095 07684 DRJ 27836 b AN ACT concerning regulation.
SB0404 Enrolled LRB095 07684 DRJ 27836 b AN ACT concerning regulation.
(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 SB0404 Engrossed - 2 - LRB095 07684 DRJ 27836 b 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.
(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 SB0404 Enrolled - 2 - LRB095 07684 DRJ 27836 b 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.
(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 SB0404 Engrossed - 3 - LRB095 07684 DRJ 27836 b 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.
(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 SB0404 Enrolled - 3 - LRB095 07684 DRJ 27836 b 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.
The Good Samaritan Act is amended by changing Sections 12 as follows:
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 SB0404 Enrolled - 4 - LRB095 07684 DRJ 27836 b 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 SB0404 Enrolled - 5 - LRB095 07684 DRJ 27836 b 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:
exemption from civil liability for emergency SB0404 Engrossed - 4 - LRB095 07684 DRJ 27836 b care.
exemption from civil liability for emergency care.
Any person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:
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 automated automatic external defibrillator;
(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, 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.
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.
8-14-98.) Section 99.
8-14-98.) SB0404 Enrolled - 6 - LRB095 07684 DRJ 27836 b (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.
SB0404 Enrolled - 7 - LRB095 07684 DRJ 27836 b Section 99.
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Action History

  1. Public Act . . . . . . . . . 95-0447

  2. Effective Date August 27, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 059-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Civil Law; 009-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary Civil Law

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Deanna Demuzio

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01 - May 25, 2007

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 113-000-001

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 012-000-000

  18. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  19. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  20. Assigned to Judiciary I - Civil Law Committee

  21. Referred to Rules Committee

  22. First Reading

  23. Chief House Sponsor Rep. JoAnn D. Osmond

  24. Placed on Calendar Order of First Reading

  25. Arrived in House

  26. Third Reading - Passed; 058-000-000

  27. Placed on Calendar Order of 3rd Reading March 21, 2007

  28. Second Reading

  29. Placed on Calendar Order of 2nd Reading March 15, 2007

  30. Do Pass as Amended Judiciary Civil Law; 007-000-000

  31. Senate Committee Amendment No. 1 Adopted

  32. Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law

  33. Senate Committee Amendment No. 1 Referred to Rules

  34. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Deanna Demuzio

  35. Held in Judiciary Civil Law

  36. Held in Judiciary Civil Law

  37. Assigned to Judiciary Civil Law

  38. Referred to Rules

  39. First Reading

  40. Filed with Secretary by Sen. Deanna Demuzio

Sponsors

  • Deanna Demuzio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Deanna Demuzio

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hendon — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hultgren — Yea
Kotowski — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Lauzen — Yea
Demuzio — Yea
Peterson — Yea
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Cronin — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 100005
Democrat 9000
Republican 4000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Munson — Yea
Graham — Not Voting
Hassert — Yea
Jakobsson — Yea
Jefferies — Not Voting
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Lyons — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Mitchell, Jerry — Yea
Madigan — Yea
Burke — Yea
Sullivan — Yea
Moffitt — Yea
Hannig — Yea
Molaro — Yea
Harris — Yea
Mulligan — Yea
Myers — Yea
Hernandez — Yea
Nekritz — Yea
Patterson — Not Voting
Phelps — Yea
Soto — Yea
Watson — Yea
Howard — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Davis, Monique — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunn — Not Voting
Gordon — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Kosel — Yea
Osmond — Yea
Osterman — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Lindner — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Coulson — Yea
Chapa LaVia — Not Voting
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 8001
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Kotowski — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Brady — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Sullivan — Yea
Munoz — Yea
Sieben — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Watson — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 404 do?
Amends the Emergency Medical Services (EMS) Systems Act and the Good Samaritan Act. Under the Emergency Medical Services (EMS) Systems Act, provides for civil immunity for an agency, organization, or individual who sponsors, authorizes, supports, finances, or supervises the training of persons in the use of automated external defibrillators, first aid, or aquatic skills (in addition to cardiopulmonary resuscitation) in a course which complies with generally recognized standards of the American Red Cross, the American Heart Association, or the National Safety Council. Provides for similar immunity for an individual who teaches such a course of instruction. Under the Good Samaritan Act, provides for civil immunity for a person who is certified in aquatic skills by the American Red Cross, or the American Heart Association, or the National Safety Council and who in good faith uses aquatic skills to provide aid without fee to any person. Also changes "automatic external defibrillator" to "automated external defibrillator". Effective immediately.
Who sponsors SB 404?
SB 404 is sponsored by Deanna Demuzio.
What is the current status of SB 404?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 404?
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