Comments on Proposed Rules Regarding AEDs and Related Legislation

Earlier this summer, the Illinois Department of Public Health issued Proposed Rules to implement the Physical Fitness Facility Medical Emergency Preparedness Act (the "Act"), which requires school districts and other entities to provide automated external defibrillators (AEDs) in their physical fitness facilities and to provide trained AED users, as amended by Public Act 95-0712 last year.

On a related note, on August 25, 2009, the Governor signed HB0921 into law. Effective January 1, 2010, Public Act 96-0748 amends Section 15(b) of the Act: "A physical fitness facility must ensure that there is a trained AED user on staff during staffed business hours." To the extent school districts must provide, or require third-party facility users to provide, a trained AED user for after-school activities conducted by community users, the new law limits this responsibility only to staffed business hours.

However, lack of clarity remains as to whether or not school districts, and their third-party facility users, should be subject to the requirements of the Act at all as it relates to third-party use. The Proposed Rules do not aid in clarifying this either. We have received numerous inquiries from school districts about this, and we believe that the IDPH has been providing conflicting information about the interpretation of the Act. In an effort to obtain clarity through the rule-making process for the benefit of our clients and other entities concerned about the Act's requirements, we submitted the letter linked here as our comments to the IDPH. Although the comment period for the First Notice Period ends today, you may wish to contact the IDPH with your comments as well. If you agree with our letter, you are welcome to include it with your comments.