2005 Illinois Code - Chapter 210 Health Facilities 210 ILCS 74/ Physical Fitness Facility Medical Emergency Preparedness Act.
(210 ILCS 74/1) Sec. 1. Short title. This Act may be cited as the Physical Fitness
Facility
Medical Emergency Preparedness Act. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/5) Sec. 5. Definitions. In this Act, words and phrases have the meanings set
forth
in the following Sections. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/5.5) Sec. 5.5. Automated external defibrillator. "Automated external
defibrillator"
or "AED" means an automated external defibrillator as defined in the Automated
External Defibrillator Act. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/5.10) Sec. 5.10. Department. "Department" means the Department of Public
Health. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/5.15) Sec. 5.15. Director. "Director" means the Director of Public Health. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/5.20) Sec. 5.20. Medical emergency. "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. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/5.25) Sec. 5.25. Physical fitness facility. (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; track and field facility; tennis court; basketball court; or volleyball court; or such facilities located adjacent thereto.
(2) Except as provided in subsection (b), any other
indoor establishment, whether public or private, that provides services or facilities focusing primarily on cardiovascular exertion as defined by Department rule.
(b) "Physical fitness facility" does not include a facility serving less
than a total of 100 individuals, as further defined by Department rule. In
addition, the term does not include a
facility located in a
hospital or in
a hotel or motel, or any outdoor facility. 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. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/10) Sec. 10. Medical emergency plan required. (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. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/15) Sec. 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. (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. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/20) Sec. 20. Training. 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. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/30) Sec. 30. Inspections. The Department shall inspect a physical fitness
facility in
response to a complaint filed with the Department alleging a violation of this
Act. For
the purpose of ensuring compliance with this Act, the Department may inspect a
physical
fitness facility at other times in accordance with rules adopted by the
Department. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/35) Sec. 35. Penalties for violations. (a) If a physical fitness facility violates this Act by (i) failing to adopt
or
implement a plan for responding to medical emergencies under Section 10 or (ii)
failing
to have on the premises an AED or trained AED user as required under
subsection (a) or (b) of Section 15, the Director may issue to the facility a
written administrative warning without monetary penalty for the initial
violation. The facility may reply to the Department with written comments
concerning the facility's remedial response to the warning. For subsequent
violations, the Director may impose a civil monetary penalty against the
facility as follows: (1) At least $1,500 but less than $2,000 for a
second violation.
(2) At least $2,000 for a third or subsequent
violation.
(b) The Director may impose a civil monetary penalty under this
Section only after it
provides the following to the facility: (1) Written notice of the alleged violation. (2) Written notice of the facility's right to
request an administrative hearing on the question of the alleged violation.
(3) An opportunity to present evidence, orally or in
writing or both, on the question of the alleged violation before an impartial hearing examiner appointed by the Director.
(4) A written decision from the Director, based on
the evidence introduced at the hearing and the hearing examiner's recommendations, finding that the facility violated this Act and imposing the civil penalty.
(c) The Attorney General may bring an action in the circuit court to enforce
the
collection of a monetary penalty imposed under this Section. (d) The fines shall be deposited into the Physical Fitness Facility
Medical Emergency Preparedness Fund to be appropriated to the
Department, together with any other amounts, for the costs of administering
this Act. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/40) Sec. 40. Rules. The Department shall adopt rules to implement this Act. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/45) Sec. 45. Liability. 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. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/50) Sec. 50. Compliance dates; private and public indoor physical fitness
facilities. (a) Privately owned indoor physical fitness facilities. Every
privately owned
or operated indoor physical fitness facility must be in compliance with this
Act on or
before July 1, 2006. (b) Publicly owned indoor physical fitness facilities. A public
entity owning or
operating 4 or fewer indoor physical fitness facilities must have at least one
such
facility in compliance with this Act on or before July 1, 2006; its second
facility in compliance by July 1, 2007; its third facility in compliance by
July 1, 2008; and
its fourth
facility in compliance by July 1, 2009. A public entity owning or operating
more than 4 indoor physical fitness facilities must have 25% of those
facilities in
compliance by July 1, 2006; 50% of those facilities in compliance by July 1,
2007; 75% of those facilities in compliance by July 1, 2008; and 100% of those
facilities in compliance by July 1, 2009. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/55) Sec. 55. Home rule. A home rule unit must comply with the
requirements of this Act. A home rule unit may not regulate physical
fitness facilities in a manner inconsistent with this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of powers and
functions exercised by the State. (Source: P.A. 93‑910, eff. 1‑1‑05.)
(210 ILCS 74/90) Sec. 90. (Amendatory provisions; text omitted). (Source: P.A. 93‑910, eff. 1‑1‑05; text omitted.)
(210 ILCS 74/95) Sec. 95. (Amendatory provisions; text omitted). (Source: P.A. 93‑910, eff. 1‑1‑05; text omitted.)
(210 ILCS 74/100) Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 93‑910, eff. 1‑1‑05; text omitted.)
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