Illinois AED Laws
AED laws and statutes for the state of Illinois can all be found below for your convenience.
"Automated external defibrillator" means a medical device heart monitor and defibrillator that:
Anyone in charge of creating and/or implementing an AED program in Illinois will want to make sure they're fully familiar with all of the statutes and laws outlined below. Statutes and codes of particular importance have been highlighted in red to avoid any possible oversight that could lead to issues of liability.
For those that do not have a physician to oversee their AED program and want to ensure their AED program is fully compliant with state and federal law, we're proud to provide such through our AED Concierge Service. Not only does this act as the required medical oversight Illinois requires for AED programs, other perks are also included, such as complimentary battery and electrodes replacement, Web portal for monthly records (required by Illinois), and more. The service is only $249/year (most physician's charge over $1,000/year).
Have a question on any of the AED and defibrillator laws for Illinois or would like to speak about the requirements in layman's terms? Give us a call! We're here to assist you in the development and support of your AED program, ensuring you're ready to save a life and that you're fully compliant with all state and federal AED requirements.
ILLINOIS AED AND DEFIBRILLATOR LAWS
410 Illinois Compiled Statutes § 4/1
This Act may be cited as the Automated External Defibrillator Act.
410 Illinois Compiled Statutes § 4/5
The General Assembly finds that 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.
410 Illinois Compiled Statutes § 4/10
As used in this Act:
(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) 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 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 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.
410 Illinois Compiled Statutes § 4/15
(a) The Department shall adopt rules regarding the establishment 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 shall identify 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.
410 Illinois Compiled Statutes § 4/20
(a) A person acquiring an automated external defibrillator shall take reasonable measures to ensure that:
(1) (blank);
(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); 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 communications or vehicle dispatch center of the existence, location, and type of the automated external defibrillator.
410 Illinois Compiled Statutes § 4/25
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.
410 Illinois Compiled Statutes § 4/30
(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.
(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.
(c) A person, unit of State or local government, or school district owning, occupying, or managing the premises where 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) An 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.
(e) This Section does not apply to a public hospital.
745 Illinois Compiled Statutes § 49/12
As provided in Section 30 of the Automated External Defibrillator Act, any automated external defibrillator user who in good faith and without fee or compensation renders emergency medical care involving the use of an automated 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.
210 Illinois Compiled Statutes § 74/1
This Act may be cited as the Physical Fitness Facility Medical Emergency Preparedness Act.
210 Illinois Compiled Statutes § 74/5
In this Act, words and phrases have the meanings set forth in the following Sections.
210 Illinois Compiled Statutes § 74/5.5
"Automated external defibrillator" or "AED" means an automated external defibrillator as defined in the Automated External Defibrillator Act.
210 Illinois Compiled Statutes § 74/5.10
"Department" means the Department of Public Health.
210 Illinois Compiled Statutes § 74/5.15
"Director" means the Director of Public Health.
210 Illinois Compiled Statutes § 74/5.20
"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 sick or injured person requires urgent or unscheduled medical care.
210 Illinois Compiled Statutes § 74/5.25
(a) "Physical fitness facility" means the following:
(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 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; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; or volleyball court; or similar facility as defined by Department rule.(1.5) Any of the following outdoor facilities that is(i) owned by a municipality, township, 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 government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these facilities: a swimming pool; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; or volleyball court; or similar facility as defined by Department rule.The term does not include any facility during any activity or program organized by a private or not-for-profit organization and organized and supervised by a person or persons other than the employees of the unit of local government, school, college, or university.(2) Except as provided in subsection (b), any other indoor or outdoor establishment, whether public or private, that provides services or facilities focusing on cardiovascular exertion or gaming as defined by Department rule.
(b) "Physical fitness facility" does not include a facility serving less than a total of 100 individuals. For purposes of this Act, "individuals" includes only those persons actively engaged in physical exercise that uses large muscle groups and that substantially increases the heart rate. In addition, the term does not include (i) a facility located in a hospital or in a hotel or motel, (ii) any outdoor facility owned or operated by a park district organized under the Park District Code, the Chicago Park District Act, or the Metro-East Park and Recreation District Act, or (iii) any facility owned or operated by a forest preserve district organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act or a conservation district organized under the Conservation District Act. The term also does not include any facility that does not employ any persons to provide instruction, training, or assistance for persons using the facility.
210 Illinois Compiled Statutes § 74/10
(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 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.
(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 the Department.
210 Illinois Compiled Statutes § 74/15
Automated external defibrillator required
(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 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 that include the following:
(1) The size of the area or the number of buildings or floors occupied by the facility.(2) The number of persons using the facility, excluding spectators.
(b) A physical fitness facility must ensure that there is a trained AED user on staff during staffed business hours. For purposes of this Act, "trained AED user" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.
(b-5) The Department shall adopt rules that encourage any non-employee coach, non-employee instructor, or other similarly situated non-employee anticipated rescuer who uses a physical fitness facility in conjunction with the supervision of physical fitness activities to complete a course of instruction that would qualify such a person as a trained AED user, as defined in Section 10 of the Automated External Defibrillator Act.
(b-10) In the case of an outdoor physical fitness facility, the AED must be housed in a building, if any, that is within 300 feet of the outdoor facility where an event or activity is being conducted. If there is such a building within the required distance, the building must provide unimpeded and open access to the housed AED, and the building's entrances shall further provide marked directions to the housed AED.
(b-15) Facilities described in paragraph (1.5) of Section5.25 must have an AED on site as well as a trained AED user available only during activities or events sponsored and conducted or supervised by a person or persons employed by the unit of local government, school, college, or university.
(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.
210 Illinois Compiled Statutes § 74/20
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.
210 Illinois Compiled Statutes § 74/45
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 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. 225 Illinois Complied Statutes § 25/44.5 Emergency Medical Plan; AED
(a) Each dental office in this State must develop and implement a written emergency medical plan, which shall include staff responsibilities and office protocol for emergency procedures.(b) All dental offices that administer anesthesia or sedation, as set forth in Section 8.1 of this Act, must contain at least one automated external defibrillator (AED) on the premises at all times.(c) The owner of a dental office is responsible for complying with the requirements of this Section.
Illinois Administrative Code § 525.100
Act - the Automated External Defibrillator Act [410 ILCS 4].
Automated External Defibrillator (AED) - a medical device heart monitor and defibrillator that:
Has received approval of its premarket notification, filed pursuant to 21 USC 360(k), from the United States Food and Drug Administration;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;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; andIn the case of a defibrillator that may be operated in either an automatic or manual mode, is set to operate in the automatic mode. (Section 10 of the Act)
Defibrillation - administering an electrical impulse to an individual in order to stop ventricular fibrillation or rapid ventricular tachycardia. (Section 10 of the Act)
Department - the Department of Public Health. (Section 10 of the Act)
Emergency Medical Services (EMS) System or System - an organization of hospitals, vehicle service providers and personnel approved by the Department in a specific geographic area, which coordinates and provides pre-hospital and inter-hospital emergency care and non-emergency medical transports at a BLS, ILS and/or ALS level pursuant to a System Program Plan submitted to and approved by the Department and pursuant to the EMS Regional Plan adopted for the EMS Region in which the System is located. (Section 3.20 of the Emergency Medical Services (EMS) Systems Act)
First Responder - a person who has successfully completed a course of instruction in emergency first response as prescribed by the Department, who provides first response services prior to the arrival of an ambulance or specialized emergency medical services vehicle, in accordance with the level of care established in the emergency first response course. (Section 3.60 of the Emergency Medical Services (EMS) Systems Act)
Hospital - has the meaning ascribed to that term in Section 3 of the Hospital Licensing Act [210 ILCS 85]. (Section 3.5 of the Emergency Medical Services (EMS) Systems Act)
911 - an emergency answer and response system in which the caller need only dial 9-1-1 on a telephone to obtain emergency services, including police, fire, medical ambulance and rescue.
Person - an individual, partnership, association, corporation, limited liability company, or organized group of persons (whether incorporated or not). (Section 10 of the Act)
Trained AED user - a person who has 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 this Part to use an automated external defibrillator, or who is licensed to practice medicine in all its branches in this State.
Illinois Administrative Code § 525.200
a) The following private and professional organization standards are incorporated in this Part:
1) American Heart Association
Heartsaver AED for the Lay Rescuer and First Responder (1998)
Heartsaver Facts (1999)
Fundamentals of BLS for Healthcare Providers (2001)
BLS for Healthcare Providers (2001)
Heartsaver CPR and AED for Heartsaver CPR (2002)
Heartsaver AED and Heartsaver Pediatric CPR (2002)
Instructor's Manual for Basic Life Support (2002)
208 South LaSalle St.
Suite 900
Chicago, Illinois 60604-1197
2) American Red Cross
American Red Cross First Aid/CPR/AED Program Manual:Section 12 Adult CPR/AED (2001)Section 3 Standard First Aid with AED (2001)AED Essentials (2001)311 W. John Gwynn AvenuePeoria, Illinois 61605-2566
b) All incorporations by reference of the standards of nationally recognized organizations refer to the standards on the date specified and do not include any additions or deletions subsequent to the date specified.
c) The following statutes are referenced in this Part:
1) Federal statutes: 21 USC 360(k): Registration of producers of drugs or devices; report preceding introduction of devices into interstate commerce.2) State of Illinois statutes:
A) Emergency Medical Services (EMS) Systems Act [210 ILCS 50]B) Hospital Licensing Act [210 ILCS 85]C) Medical Practice Act of 1987 [225 ILCS 60]
Illinois Administrative Code § 525.300
The Department shall approve programs established to train individuals as AED users, in accordance with the following:
a) The curriculum shall include complete training in cardiopulmonary resuscitation (CPR) prepared according to nationally recognized guidelines (see Section 525.200(a)(1) and(2)). (Section 15 of the Act)
b) The Instructors shall have successfully completed an instructor training course for AED courses listed in Section 525.200(a)(1) and (2) of this Part, or equivalent curriculum approved by the Department.
c) Instructors shall renew qualification every two years and shall meet the following criteria:
d) The Department will approve courses that meet the course objectives of American Heart Association or American Red Cross courses and that require at least the same number of hours for completion.1) Maintain provider status,2) Teach the number of courses required by the American Red Cross or American Heart Association, and3) Complete an update on new information regarding course content.
Illinois Administrative Code § 525.400
a) To be recognized as a trained AED user, an individual shall:
1) Successfully complete 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 (see Section 525.200(a)(1) and (2)); or2) Successfully complete a course of instruction in accordance with Section 525.300(b) of this Part; or3) Be licensed to practice medicine in all its branches in Illinois in accordance with the Medical Practice Act of 1987. (Section 10 of the Act)
b) Recognition of training completed in accordance with this Section shall be valid for a time period in accordance with subsections (a)(1) and (2) of this Section, but not be valid for more than two years. To renew recognition as a trained AED user, the individual shall present proof of satisfactory completion of an American Red Cross or American Heart Association renewal course or equivalent curriculum approved by the Department.
Illinois Administrative Code § 525.500
a) Each use of an AED shall be reported to the EMS System Resource Hospital.
b) The report shall include the following information:
1) Date of the incident;2) Time of the incident;3) Name of the person who determined the patient's unresponsiveness;4) Time that 911 was called;5) Initial heart rhythm;6) Number of times the patient was defibrillated;7) Name of the person who defibrillated the patient;8) Final rhythm at the time of arrival of the first response vehicle:
A) Breathing, yes or no;B) Pulse, yes or no.C) Reports shall be faxed or mailed monthly to the local EMS System Resource Hospital.Illinois Administrative Code § 525.600
a) A person acquiring an automated external defibrillator 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 Resource hospital in the vicinity of where the automated external defibrillator will be located, which shall oversee utilization of the automated external defibrillator and ensure that training and maintenance requirements are met.
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 in accordance with Section 525.500 of this Part. (Section 20(a) of the Act)A) The owner of the AED shall provide a list of trained users at the site, including copies of their certification cards, to the Resource Hospital.B) The owner of the AED shall provide a copy of the manufacturer's guidelines for maintenance and training, and documentation confirming that these guidelines were met as requested; and
b) A person in possession of an automated external defibrillator 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 20(b) of the Act)
c) The EMS System shall notify local ambulance providers of AEDs in the ambulance provider's service area.
Illinois Administrative Code § 525.700
a) The EMS System Resource Hospital shall submit the following information to the Department on a quarterly basis, i.e., on or by June 30, September 30, December 31 and March 31 of each year:
1) The number of times that AEDs have been used;2) The outcome of the incident; and3) Adverse effects, if any.
b) Tapes of conversations recorded by an AED shall be confidential. Section 10. The Illinois Dental Practice Act is amended by adding Section 44.5 as follows:
(225 ILCS 25/44.5 new)
Sec. 44.5. Emergency medical plan; AED.
Each dental office in this State must develop and implement a written emergency medical plan, which shall include staff responsibilities and office protocol for emergency procedures. All dental offices that administer anesthesia or sedation, as set forth in Section 8.1 of this Act, must contain at least one automated external defibrillator (AED) on the premises at all times. The owner of a dental office is responsible for complying with the requirements of this Section.
77 Illinois Administrative Code 530.100.
DEFINITIONS
Act - the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.
Automated External Defibrillator (AED) - a medical device heart monitor and defibrillator that:
Department - the Department of Public Health.has received approval of its pre-market notification, filed pursuant to 21 USC 360(k), from the United States Food and Drug Administration;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;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; andin the case of a defibrillator that may be operated in either an automatic or manual mode, is set to operate in the automatic mode. (Section 10 of the Automated External Defibrillator Act)
Division - the Division of Emergency Medical Systems and Highway Safety, Department of Public Health.
Fund - the Heartsaver AED Fund.
Physical fitness facility or facility - includes any indoor establishment that meets all of the following requirements:
Effective January 1, 2014In whole or in part, is owned or operated by a park district or by a public elementary or secondary school, college, or university.Is supervised by one or more persons, other than maintenance or security personnel, employed by the park district or public school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any indoor facilities listed in this definition. (Section 5.25 of the Physical Fitness Facility Medical Emergency Preparedness Act)Serves a total of 100 or more individuals. In calculating the number of individuals served by a facility, the greater of the seating capacity, the capacity of the facility under applicable fire code, pool, or similar standards, or the number of members of the facility shall be included in the final determination. The number of members of the facility includes the complete facility membership, whether or not these members are present at the facility at the same time.Is a swimming pool; stadium; athletic field; track and field facility; tennis court; basketball court; volleyball court; aerobics studio; dance studio; boxing gym; martial-arts or self-defense studio; wrestling gym; weight-lifting facility; treadmill or stationary bicycle facility; velodrome; racquetball court; gymnastics facility; or any other indoor establishment focusing primarily on cardiovascular exertion where participants engage in relatively continuous active physical exercise that uses large muscle groups and that substantially increases the heart rate.
Section 5. The Illinois Horse Racing Act of 1975 is amended by adding Section 31.2 as follows:
Sec. 31.2. Automated external defibrillators. Organization licensees shall make available no less than 2 automated external defibrillators (AEDs) that are operational and accessible when backstretch workers are present at their racing facilities. At least one AED shall be placed in the paddock of their racing facilities. At least one AED shall be placed on the backstretch of their racing facilities.