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90_HB0365
745 ILCS 49/3 new
745 ILCS 49/10
745 ILCS 49/25
745 ILCS 49/26 new
745 ILCS 49/30
745 ILCS 49/32 new
745 ILCS 49/40
745 ILCS 49/45
745 ILCS 49/60
745 ILCS 49/70
745 ILCS 49/75
Amends the Good Samaritan Act. Adds a definition of
"willful or wanton misconduct" applicable to the Act
generally (replacing a definition applicable to only one
Section of the Act). With respect to physicians' exemption
from civil liability for emergency care, deletes requirement
that care be provided without prior notice of the illness or
injury. Adds exemption from civil liability for emergency
care provided by physician volunteers at sports, religious,
or public events. Makes provisions of the Act gender
neutral. Makes other changes.
LRB9000535DJsb
LRB9000535DJsb
1 AN ACT to amend the Good Samaritan Act by changing
2 Sections 10, 25, 30, 40, 45, 60, 70, and 75 and adding
3 Sections 3, 26, and 32.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Good Samaritan Act is amended by changing
7 Sections 10, 25, 30, 40, 45, 60, 70, and 75 and adding
8 Sections 3, 26, and 32 as follows:
9 (745 ILCS 49/3 new)
10 Sec. 3. Definition. For purposes of this Act, "willful
11 or wanton misconduct" means a course of action that shows an
12 actual or deliberate intention to cause harm or that, if not
13 intentional, shows an utter indifference to or conscious
14 disregard for the safety of others or their property.
15 (745 ILCS 49/10)
16 Sec. 10. Cardiopulmonary resuscitation; exemption from
17 civil liability for emergency care. Any person currently
18 certified in basic cardiopulmonary resuscitation who complies
19 with generally recognized standards, and who in good faith,
20 not for compensation, provides emergency cardiopulmonary
21 resuscitation to a person who is an apparent victim of acute
22 cardiopulmonary insufficiency shall not, as the result of his
23 or her acts or omissions in providing resuscitation, be
24 liable for civil damages, unless the acts or omissions
25 constitute willful and wanton misconduct.
26 (Source: P.A. 89-607, eff. 1-1-97.)
27 (745 ILCS 49/25)
28 Sec. 25. Physicians; exemption from civil liability for
29 emergency care. Any person licensed under the Medical
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1 Practice Act of 1987 or any person licensed to practice the
2 treatment of human ailments in any other state or territory
3 of the United States, except a person licensed to practice
4 midwifery, who, in good faith and without prior notice of the
5 illness or injury, provides emergency care without fee to a
6 person, shall not, as a result of his or her their acts or
7 omissions, except willful or wanton misconduct on the part of
8 the person, in providing the care, be liable for civil
9 damages.
10 (Source: P.A. 89-607, eff. 1-1-97.)
11 (745 ILCS 49/26 new)
12 Sec. 26. Physician volunteers at certain events;
13 exemption from civil liability for emergency care. Any
14 physician who in good faith volunteers to attend any sports
15 or athletic, civic, religious, community, or public event to
16 provide emergency care, if such care becomes necessary,
17 without a fee shall not, as a result of the volunteer's acts
18 or omissions, except willful or wanton misconduct on the part
19 of the volunteer, be liable for civil damages.
20 (745 ILCS 49/30)
21 Sec. 30. Free medical clinic; exemption from civil
22 liability for services performed without compensation.
23 (a) A person licensed under the Medical Practice Act of
24 1987 or licensed to practice the treatment of human ailments
25 in any other state or territory of the United States, except
26 a person licensed to practice midwifery, who, in good faith,
27 provides medical treatment, diagnosis, or advice as a part of
28 the services of an established free medical clinic providing
29 care to medically indigent patients which is limited to care
30 that does not require the services of a licensed hospital or
31 ambulatory surgical treatment center and who receives no fee
32 or compensation from that source shall not be liable for
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1 civil damages as a result of his or her acts or omissions in
2 providing that medical treatment, except for willful or
3 wanton misconduct.
4 (b) For purposes of this Section, a "free medical
5 clinic" is an organized community based program providing
6 medical care without charge to individuals unable to pay for
7 it, at which the care provided does not include the use of
8 general anesthesia or require an overnight stay in a
9 health-care facility.
10 (c) The provisions of subsection (a) of this Section do
11 not apply to a particular case unless the free medical clinic
12 has posted in a conspicuous place on its premises an
13 explanation of the exemption from civil liability provided
14 herein.
15 (d) (Blank). The immunity from civil damages provided
16 under subsection (a) also applies to physicians, hospitals,
17 and other health care providers that provide further medical
18 treatment, diagnosis, or advice to a patient upon referral
19 from an established free medical clinic without fee or
20 compensation.
21 (e) Nothing in this Section prohibits a free medical
22 clinic from accepting voluntary contributions for medical
23 services provided to a patient who has acknowledged his or
24 her ability and willingness to pay a portion of the value of
25 the medical services provided.
26 Any voluntary contribution collected for providing care
27 at a free medical clinic shall be used only to pay overhead
28 expenses of operating the clinic. No portion of any moneys
29 collected shall be used to provide a fee or other
30 compensation to any person licensed under Medical Practice
31 Act of 1987.
32 (Source: P.A. 89-607, eff. 1-1-97.)
33 (745 ILCS 49/32 new)
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1 Sec. 32. Referral from free medical clinic; exemption
2 from civil liability for services performed without
3 compensation. A physician, hospital, or other health care
4 provider that in good faith and without fee or compensation
5 provides further care and treatment, diagnosis, or advice to
6 a patient upon referral from an established free medical
7 clinical shall not be liable for civil damages as a result of
8 his, her, or its acts or omissions in providing that care,
9 treatment, diagnosis, or advice, except for willful or wanton
10 misconduct. For purposes of this Section, "free medical
11 clinic" has the same meaning ascribed to that term in Section
12 30.
13 (745 ILCS 49/40)
14 Sec. 40. Nurses; exemption from civil liability for
15 services performed without compensation.
16 (a) No person licensed under the Illinois Nursing Act of
17 1987 who, without compensation, renders nursing services,
18 shall be liable, and no cause of action may be brought, for
19 damages resulting from an act or omission in rendering such
20 services unless the act or omission involved willful or
21 wanton misconduct.
22 (b) (Blank). As used in this Section "willful or wanton
23 misconduct" means a course of action which shows an actual or
24 deliberate intention to cause harm or which, if not
25 intentional, shows an utter indifference to or conscious
26 disregard for the safety of others or their property.
27 (c) As used in this Section "entity" means a
28 proprietorship, partnership, association or corporation,
29 whether or not operated for profit.
30 (d) Nothing in this Section is intended to bar any cause
31 of action against an entity or change the liability of an
32 entity which arises out of an act or omission of any person
33 exempt from liability for negligence under this Section.
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1 (Source: P.A. 89-607, eff. 1-1-97.)
2 (745 ILCS 49/45)
3 Sec. 45. Physical Therapist; exemption from civil
4 liability for emergency care. Any physical therapist, as
5 defined in Section 1 of the Illinois Physical Therapy Act,
6 who in good faith provides emergency care without fee to any
7 person shall not, as a result of his or her acts or
8 omissions, except willful and wanton misconduct on the part
9 of the person in providing the care, be liable to a person to
10 whom such care is provided for civil damages.
11 (Source: P.A. 89-607, eff. 1-1-97.)
12 (745 ILCS 49/60)
13 Sec. 60. Veterinarians; exemption from civil liability
14 for emergency care to humans. Any person licensed under the
15 Veterinary Medicine and Surgery Practice Act of 1994 or any
16 person licensed as a veterinarian in any other state or
17 territory of the United States who in good faith provides
18 emergency care to a human victim of an accident, at the scene
19 of an accident or in a catastrophe shall not be liable for
20 civil damages as a result of his or her acts or omissions,
21 except for willful or wanton misconduct on the part of the
22 person in providing the care.
23 (Source: P.A. 89-607, eff. 1-1-97.)
24 (745 ILCS 49/70)
25 Sec. 70. Law enforcement officers or firemen; exemption
26 from civil liability for emergency care. Any law
27 enforcement officer or fireman as defined in Section 2 of the
28 Law Enforcement Officers, Civil Defense Workers, Civil Air
29 Patrol Members, Paramedics, Firemen, Chaplains, and State
30 Employees Compensation Act, who in good faith provides
31 emergency care without fee to any person shall not, as a
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1 result of his or her acts or omissions, except willful and
2 wanton misconduct on the part of the person, in providing the
3 care, be liable to a person to whom such care is provided for
4 civil damages.
5 (Source: P.A. 89-607, eff. 1-1-97.)
6 (745 ILCS 49/75)
7 Sec. 75. Employers and employees under the Health and
8 Safety Act; exemption from civil liability for emergency
9 care. Any employer, who in good faith provides emergency
10 medical or first aid care without fee to any employee or any
11 other person employed on the same project shall not, as a
12 result of his or her acts or omissions, except willful and
13 wanton misconduct on the part of the employer, in providing
14 the care, be liable to such employee or such other person to
15 whom such care is provided for civil damages.
16 Any employee who in good faith provides emergency medical
17 or first aid care without fee to any other employee or any
18 other person employed on the same project shall not, as a
19 result of his or her acts or omissions, except for willful
20 and wanton misconduct on the part of the employee in
21 providing the care, be liable to the employee or other person
22 to whom the care is provided for civil damages.
23 Excluded from the operation of this Section are any
24 employees who are licensed physicians, nurses, or dentists,
25 or other licensed health services personnel.
26 The provisions of this Section do not affect or in any
27 way diminish or change an employer's liability under the
28 Workers' Compensation Act, or the Workers' Occupational
29 Diseases Act.
30 This Section applies only to employers and employees
31 under the Health and Safety Act.
32 (Source: P.A. 89-607, eff. 1-1-97.)