New Heartsaver AED Grant Rules Adopted in Illinois

From the 3/19/10 issue of the Illinois Register:

ILLINOIS REGISTER 3622 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS 1) Heading of the Part: Heartsaver AED Grant Code
2) Code Citation: 77 Ill. Adm. Code 530
3) Section Numbers: Adopted Action:
530.100 Amended
530.200 Amended
530.300 Amended
530.400 Amended
530.500 Amended
530.600 Amended
530.700 Amended
4) Statutory Authority: Section 2310-371.5 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-371.5]
5) Effective Date of Rulemaking: March 2, 2010
6) Does this rulemaking contain an automatic repeal date? No
7) Does this rulemaking contain incorporations by reference? No
8) A copy of the adopted amendments, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.
9) Notice of Proposal Published in Illinois Register: August 28, 2009; 33 Ill. Reg. 12076
10) Has JCAR issued a Statement of Objection to these rules? No
11) Differences between proposal and final version: The following changes were made during First Notice in response to comments and suggestions of JCAR:
1. Section 530.100 – "[20 ILCS 2310]" was added at the end of the definition of "Act".
2. Section 530.100 – in the definition of "Applicant", after "recreation", "district" was changed to "department".
3. Section 530.300(a), "Be" was added and "be" was stricken. ILLINOIS REGISTER 3623 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
4. Section 530.500(c)(1), "address" was added after "e-mail.
5. Section 530.600(e), "are" was added and "were" was stricken.
6. Through the entire document, eight references to "33 Ill. Reg." were changed to "34 Ill. Reg.".
12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR? Yes
13) Will this rulemaking replace any emergency rulemaking currently in effect? No
14) Are there any amendments pending on this Part? No
15) Summary and Purpose of Rulemaking: Public Act 95-0721 renumbered and amended Section 371 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois regarding the Heartsaver AED Fund Grant Program. The revised law expands the eligibility for the grant program to include: private schools, colleges and universities; forest preserve districts; conservation districts; and municipal recreation departments. The legislation also eliminated the requirement that eligible applicants be required to have an automated external defibrillator pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act.
16) Information and questions regarding these adopted amendments shall be directed to:
Susan Meister
Division of Legal Services
Department of Public Health
535 West Jefferson, 5th Floor
Springfield, Illinois 62761
217/782-2043
e-mail: dph.rules@illinois.gov

Here is the full text of the Adopted Amendments: ILLINOIS REGISTER 3624 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER f: EMERGENCY SERVICES AND HIGHWAY SAFETY
PART 530
HEARTSAVER AED GRANT CODE
Section
530.100 Definitions
530.200 Referenced Materials
530.300 Eligibility for Grants
530.400 Grant Requirements
530.500 Application Requirements
530.600 Review of Applications
530.700 Use of Grant Funds
530.800 Termination
530.900 Denial, Suspension or Revocation
530.1000 Grant Funds Recovery
530.1100 Hearings

AUTHORITY: Implementing and authorized by Section 2310-371 of the Department of Public
Health Powers and Duties Law of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-371].
SOURCE: Adopted at 30 Ill. Reg. 12288, effective June 28, 2006; amended at 34 Ill. Reg. 3622, effective March 2, 2010.
Section 530.100 Definitions
Act – the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois [20 ILCS 2310].
Applicant – an Illinois school, public park district, forest preserve district, conservation district, municipal recreation department, college, or university that is applying for a grant under this Part. (Section 2310-371.5 of the Act)
Automated External Defibrillator (AED) – a medical device heart monitor and defibrillator that: ILLINOIS REGISTER 3625 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
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; and
in 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)
Department – the Illinois Department of Public Health.
Director – the Director of the Illinois Department of Public Health.
Division – the Division of Emergency Medical Systems and Highway Safety, Department of Public Health.
Fund – the Heartsaver AED Fund in the State Treasury.
Grant Recipient – an Illinois school, public park district, forest preserve district, conservation district, municipal recreation department, college, or university that receives a grant under this Part. (Section 2310-371.5 of the Act)
Physical fitness facility or facility – includes any indoor establishment that meets all of the following requirements:
In 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 ILLINOIS REGISTER 3626 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
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.
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010)
Section 530.200 Referenced Materials
The following materials are referenced in this Part:
a) Illinois Statutes
1) Physical Fitness Facility Medical Emergency Preparedness Act [210 ILCS 74]
12) Automated External Defibrillator Act [410 ILCS 4]
23) Illinois Grant Funds Recovery Act [30 ILCS 705]
b) Illinois Administrative Rules ILLINOIS REGISTER 3627 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
1) Physical Fitness Facility Medical Emergency Preparedness Code (77 Ill. Adm. Code 527)
12) Automated External Defibrillator Code (77 Ill. Adm. Code 525)
23) Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010)
Section 530.300 Eligibility for Grants
ToIn order to be eligible to receive a grant from the Fund, the applicant shallmust meet all of the
following criteria:
a) Be Must bean Illinois school, public park district, forest preserve district, conservation district, municipal recreation department, college, or universitya public school, public park district, public college or public university; (Section 2310-371.5 of the Act); and
b) Must meet the definition of physical fitness facility in Section 530.100 of this Part; and
bc) Demonstrate that they have the funds to pay 50% of the cost of the AEDs for which matching grant moneys are sought Must be willing and able to pay 50 percent of the total cost of an AED as that cost is determined by the State Master Contract or in the absence of a State Master Contract as determined by the Department. (Section 2310-371.5 of the Act).
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010)
Section 530.400 Grant Requirements
a) Grant recipients shallmust comply with all applicable provisions of the Physical Fitness Facility Medical Emergency Preparedness Act, the Physical Fitness Facility Medical Emergency Preparedness Code, the Automated External Defibrillator Act and the Automated External Defibrillator Code. ILLINOIS REGISTER 3628 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
b) Grant recipients shall match the grant award received and shall spend the grant award on the purchase of an AED to be used byhoused at the grant recipientfacility.
c) Grant recipients shall return a signed contract to the Department in the specified time period and shall comply with the provisions of the contract.
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010)
Section 530.500 Application Requirements
a) Applications shallmay be submitted to the Department through the website established for this purpose or at the following address:
Heartsaver AED Grants
Illinois Department of Public Health
Division of Emergency Medical Systems & Highway Safety
500 East Monroe Street, 8th Floor
Springfield IL 62701
b) Faxed and e-mailed applications will not be accepted.
cb) Applications shall be submitted on the form prescribed by the Department and shall include, at a minimum, the following:
1) The name, address, e-mail adress and phone number of the primary contact and the secondary contact designated by the applicantfacility to be responsible for administering the grant funds;.
2) The Federal Employer Identification Number (FEIN) for the applicant; and2)An agreement that the organization submitting the application is required to have an AED pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act.
3) An agreement by the applicant that, if awarded a grant, the grant will be matched by the grant recipientfacility.
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010) ILLINOIS REGISTER 3629 10 DEPARTMENT OF PUBLIC HEALTH NOTICE OF ADOPTED AMENDMENTS
Section 530.600 Review of Applications
a) The grant cycle runs from July 1-June 30. Applications for grants from the Fund may be submitted to the Department beginning on July 1 of each year.
b) The Department will review applications Applications will be reviewed by the Department for compliance with the requirements of this Part. During the course of its review, the Department may contact the applicant for additional information if the information provided is incomplete, inconsistent or unclear.
c) Applicants whom the Department determines not to be eligible for grant funds will be notified in writing of this decision.
d) Distribution of grants is dependent on available funding. Available grant funds will be distributed on a "first come, first served" basis, based on when the Department received the completed application was received by the Department. If the Department receives several completed applications are received by the Department on the same date and funds are not available to award each of these applicants, a random selectiondrawing of applications will be used to determine grant recipientsawardees.
e) Applicants shallmust submit a new application each State fiscal year in order to be considered for funding. Applications are only applicable to the State fiscal year in which the applications arewere received.
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010)
Section 530.700 Use of Grant Funds
a) The entire amount of the grant award, plus matching funds from the facility, shall be used to purchase an AED to be kept in that facility. AEDs shall be used at facilities owned or controlled by the grant recipient or at events authorized by the grant recipient that are held at facilities owned or controlled by the grant recipient.
b) Grants are limited to one AED per eligible physical fitness facility. Any school, public park district, forest preserve district, conservation district, municipal recreation department, college or university applying for the grant shall not receive more than one grant from the Heartsaver AED Fund each fiscal year. (Section 2310-317.5 of the Act).
(Source: Amended at 34 Ill. Reg. 3622, effective March 2, 2010)