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90_HB2182
210 ILCS 50/3.150
745 ILCS 49/12 new
Amends the Emergency Medical Services (EMS) Systems Act;
provides immunity from civil liability for one who teaches
first aid or sponsors a first aid course. Amends the Good
Samaritan Act; provides immunity from civil liability for one
who provides first aid to a victim of an accident, emergency,
or natural disaster. Effective immediately.
LRB9004520DJcd
LRB9004520DJcd
1 AN ACT concerning emergency medical care, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Emergency Medical Services (EMS) Systems
6 Act is amended by changing Section 3.150 as follows:
7 (210 ILCS 50/3.150)
8 Sec. 3.150. Immunity from civil liability.
9 (a) Any person, agency or governmental body certified,
10 licensed or authorized pursuant to this Act or rules
11 thereunder, who in good faith provides emergency or
12 non-emergency medical services during a Department approved
13 training course, in the normal course of conducting their
14 duties, or in an emergency, shall not be civilly liable as a
15 result of their acts or omissions in providing such services
16 unless such acts or omissions, including the bypassing of
17 nearby hospitals or medical facilities in accordance with the
18 protocols developed pursuant to this Act, constitute willful
19 and wanton misconduct.
20 (b) No person, including any private or governmental
21 organization or institution that administers, sponsors,
22 authorizes, supports, finances, educates or supervises the
23 functions of emergency medical services personnel certified,
24 licensed or authorized pursuant to this Act, including
25 persons participating in a Department approved training
26 program, shall be liable for any civil damages for any act or
27 omission in connection with administration, sponsorship,
28 authorization, support, finance, education or supervision of
29 such emergency medical services personnel, where the act or
30 omission occurs in connection with activities within the
31 scope of this Act, unless the act or omission was the result
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1 of willful and wanton misconduct.
2 (c) Exemption from civil liability for emergency care is
3 as provided in the Good Samaritan Act.
4 (d) No local agency, entity of State or local
5 government, or other public or private organization, nor any
6 officer, director, trustee, employee, consultant or agent of
7 any such entity, which sponsors, authorizes, supports,
8 finances, or supervises the training of persons in a basic
9 cardiopulmonary resuscitation or first aid course which
10 complies with generally recognized standards, shall be liable
11 for damages in any civil action based on the training of such
12 persons unless an act or omission during the course of
13 instruction constitutes willful and wanton misconduct.
14 (e) No person who is certified to teach basic
15 cardiopulmonary resuscitation or first aid, and who teaches a
16 course of instruction which complies with generally
17 recognized standards for basic cardiopulmonary resuscitation
18 or first aid, shall be liable for damages in any civil action
19 based on the acts or omissions of a person who received such
20 instruction, unless an act or omission during the course of
21 such instruction constitutes willful and wanton misconduct.
22 (f) No member or alternate of the State Emergency
23 Medical Services Disciplinary Review Board or a local System
24 review board who in good faith exercises his responsibilities
25 under this Act shall be liable for damages in any civil
26 action based on such activities unless an act or omission
27 during the course of such activities constitutes willful and
28 wanton misconduct.
29 (g) No EMS Medical Director who in good faith exercises
30 his responsibilities under this Act shall be liable for
31 damages in any civil action based on such activities unless
32 an act or omission during the course of such activities
33 constitutes willful and wanton misconduct.
34 (h) Nothing in this Act shall be construed to create a
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1 cause of action or any civil liabilities.
2 (Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
3 Section 10. The Good Samaritan Act is amended by adding
4 Section 12 as follows:
5 (745 ILCS 49/12 new)
6 Sec. 12. Certified first aid; exemption from civil
7 liability for emergency care. Any person currently certified
8 in first aid, who complies with generally recognized
9 standards and who in good faith, not for compensation,
10 provides first aid to a victim of an accident or emergency at
11 the scene of an accident of emergency or to a victim of a
12 natural disaster, including but not limited to an earthquake,
13 tornado, nuclear attack, or other similar emergency, shall
14 not as a result of his or her acts or omissions in providing
15 first aid be liable for damages unless the acts or omissions
16 constitute willful and wanton misconduct.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.