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
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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.