093_SB1161

 
                                     SRS093 00052 JEJ 00052 b

 1        AN ACT in realtion to civil liability.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5. The good Samaritan Act is amended by changing
 5    Sections 2 and 5 as follows:

 6    (725 ILCS 49/2)
 7        Sec. 2.  Legislative purpose. The  General  Assembly  has
 8    established   numerous   protections  for  the  generous  and
 9    compassionate acts of its citizens who volunteer  their  time
10    and  talents  to  help  others.  These  protections  or  good
11    samaritan  provisions  have been codified in many Acts of the
12    Illinois Compiled Statutes. This Act recodifies existing good
13    samaritan  provisions.  Further,   without   limitation   the
14    provisions  of  this  Act  shall  be  liberally  construed to
15    encourage persons to volunteer their time  and  talents.  The
16    General  Assembly  acknowledges many hospitals and physicians
17    provide  great  benefits  to  the  citizens  of  Illinois  by
18    operating Trauma centers and providing services to victims of
19    trauma throughout the state, often with payment for services.
20    The General Assembly also  acknowledges  many  hospitals  and
21    physicians  are  discontinuing their status as trauma centers
22    due to the fear  of  lawsuits  based  on  claims  of  medical
23    negligence.  The public and society in general will suffer if
24    these trauma centers cease operations.

25    (745 ILCS 49/25)
26        Sec.25.  Physicians; exemption from civil  liability  for
27    emergency  care.  (a)  Any  person licensed under the Medical
28    Practice Act of 1987 or any person licensed to  practice  the
29    treatment  of  human ailments in any other state or territory
30    of the United States who, in good faith,  provides  emergency
 
                            -2-      SRS093 00052 JEJ 00052 b
 1    care  without  fee to a person, shall not, as a result of his
 2    or her acts or omissions, except willful or wanton misconduct
 3    on the part of the person, in providing the care,  be  liable
 4    for civil damages.
 5        (b) Any physician licensed under the Medical Practice Act
 6    of  1987  and any licensed Trauma Center, authorized pursuant
 7    to 210 ILCS 50/3.90, who, in good  faith  provides  emergency
 8    care  or  services  to a person who is a victim of trauma and
 9    has presented to a licensed Trauma Center, shall  not,  as  a
10    result  of his, her, or its acts or omissions, except willful
11    or wanton misconduct on the part of the physician  or  trauma
12    center, in providing the care, be liable for civil damages.