2005 Illinois Code - Chapter 745 Civil Immunities 745 ILCS 49/ Good Samaritan Act.
(745 ILCS 49/1)
Sec. 1.
Short title.
This Act may be cited as the Good Samaritan Act.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/2)
Sec. 2.
Legislative purpose.
The General Assembly has established
numerous protections for the generous and compassionate acts of its citizens
who volunteer their time and talents to help others. These protections or good
samaritan provisions have been codified in many Acts of the Illinois Compiled
Statutes. This Act recodifies existing good samaritan provisions. Further,
without limitation the provisions of this Act shall be liberally construed to
encourage persons to volunteer their time and talents.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/5)
Sec. 5.
Emergency telephone instructions; exemption from civil liability.
No person who gives emergency instructions through a system
established under the Emergency Telephone System Act to persons rendering
services in an emergency
at another location, nor any person following the instructions in
rendering the services, shall be liable for any civil damages as a
result of issuing or following the instructions, unless issuing or
following the instructions constitutes willful or wanton misconduct.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/10)
Sec. 10.
Cardiopulmonary resuscitation; exemption from civil liability
for emergency care. Any person currently certified in basic
cardiopulmonary resuscitation who complies with generally
recognized standards, and who in good faith, not for
compensation, provides emergency cardiopulmonary
resuscitation to a person who is an apparent victim of acute
cardiopulmonary insufficiency shall not, as the result of
his or her acts or omissions in providing resuscitation, be
liable for civil damages, unless the acts or omissions
constitute willful and wanton misconduct.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/12)
Sec. 12.
Use of an automatic external defibrillator; exemption
from civil liability for emergency care. Any person who has
successfully completed the training requirements of a course in
basic emergency care of a person in cardiac arrest that:
(i) included training in the operation and use of an |
|
automatic external defibrillator; and
|
|
(ii) was conducted in accordance with the standards
|
|
of the American Heart Association,
|
|
and who, in good faith, not for compensation, renders
emergency medical care involving the use of an automatic
external defibrillator in accordance with his or her training is
not liable for any civil damages as a result of any act or
omission, except for willful and wanton misconduct, by that
person in rendering that care.
(Source: P.A. 90‑746, eff. 8‑14‑98.)
|
(745 ILCS 49/15)
Sec. 15.
Dentists;
exemption from civil liability for emergency care. Any
dentist or any person licensed as a dentist in any other state
or territory of the United States who in good faith provides emergency care
without fee to a victim of an accident at the scene of an accident shall
not, as a result of his or her acts or omissions,
except willful or wanton misconduct on the part of the person, in providing
the care, be liable for civil damages.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/20)
Sec. 20. Free dental clinic; exemption from civil
liability for services
performed without compensation. Any person licensed under the Illinois Dental
Practice Act to practice
dentistry or to practice
as a dental hygienist who, in good faith, provides dental treatment, dental
services, diagnoses, or advice as part of the services of an established free
dental clinic providing care to medically indigent
patients which is limited to
care which does not require the services of a licensed hospital or ambulatory
surgical treatment center, and who receives no fee or compensation from that
source shall not, as a result of any acts or omissions, except for willful or
wanton misconduct on the part of the licensee, in providing dental treatment,
dental services, diagnoses or advice, be liable for civil damages. For purposes
of this Section, a "free dental clinic" is an organized
program
providing, without charge, dental care to
individuals unable to pay for their
care. For purposes of this Section, an "organized program" is a program sponsored by a community, public health, charitable, voluntary, or organized dental organization. Free dental services provided under this Section may be provided at a clinic or private dental office. A free dental clinic may receive reimbursement from the Illinois
Department
of Public Aid or may receive partial reimbursement from a patient based upon
ability to pay, provided any such reimbursements shall be used only to pay
overhead expenses of operating the free dental clinic and may not be used, in
whole or in part, to provide a fee, reimbursement, or other compensation to any person licensed
under the Illinois Dental Practice Act who is receiving an exemption under this
Section or to any entity that the person owns or controls or in which the person has an ownership interest or from which the person receives a fee, reimbursement, or compensation of any kind. Dental care shall not include the use of general anesthesia or require an
overnight stay in a health care facility.
The provisions of this Section shall not apply in any case unless the
free dental clinic has posted in a conspicuous place on
its premises an
explanation of the immunity from civil liability provided in this Section.
(Source: P.A. 94‑83, eff. 1‑1‑06.)
(745 ILCS 49/25)
Sec. 25.
Physicians; exemption from civil liability for emergency care.
Any person licensed under the Medical Practice Act of 1987
or any person licensed to practice the treatment of human
ailments in any other state or territory of the United States who,
in good faith, provides emergency care without fee to a person,
shall not, as a result of his or her acts or omissions, except
willful or wanton misconduct on the part of the person, in
providing the care, be liable for civil damages.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/30)
Sec. 30. Free medical clinic; exemption from civil liability for services
performed without compensation.
(a) A person licensed under the Medical Practice Act of 1987, a person
licensed to practice the treatment of human ailments in any
other state or territory of the United States, or a health care professional,
including but not limited to an advanced practice nurse, retired physician, physician
assistant, nurse, pharmacist, physical therapist, podiatrist, or social worker
licensed in this State or any other state or territory of the United States,
who, in good faith, provides medical treatment,
diagnosis, or advice as a part of the services of an
established free medical clinic providing care, including but not limited to home visits, without charge to patients
which is limited to care that does not require the services of a
licensed hospital or ambulatory surgical treatment center and who receives
no fee or compensation from that source shall not be liable for civil
damages as a result of his or her acts or omissions in
providing that medical treatment, except for willful or wanton misconduct.
(b) For purposes of this Section, a "free medical clinic" is an
organized community based program providing medical care without
charge to individuals, at which the
care provided does not include an overnight stay in a health‑care facility.
(c) The provisions of subsection (a) of this Section do not apply to a
particular case unless the free medical
clinic has posted in a conspicuous place on its premises an explanation of the
exemption from civil liability provided herein.
(d) The immunity from civil damages provided under subsection (a) also
applies to physicians, retired physicians,
hospitals, and other health care providers that provide
further medical treatment, diagnosis, or advice, including but not limited to hospitalization, office visits, and home visits, to a patient upon referral from
an established free medical clinic without fee or compensation.
(d‑5) A free medical clinic may receive reimbursement from the Illinois
Department of Public Aid, provided any reimbursements shall be used only to pay
overhead expenses of operating the free medical clinic and may not be used, in
whole or in
part, to provide a fee or other compensation to any person licensed under the
Medical
Practice Act of 1987 or any other health care professional
who is receiving an exemption under this Section. Any health care professional receiving an exemption under this Section may not receive any fee or other compensation in connection with any services provided to, or any ownership interest in, the clinic. Medical care shall
not include
an overnight stay in a health care
facility.
(e) Nothing in this Section prohibits a free medical clinic from accepting
voluntary contributions for medical services provided to a patient who has
acknowledged his or her ability and willingness to pay a portion of the value
of the medical services provided.
(f) Any voluntary contribution collected for providing care at a free medical
clinic shall be used only to pay overhead expenses of operating the clinic. No
portion of any moneys collected shall be used to provide a fee or other
compensation to any person licensed under Medical Practice Act of 1987.
(g) The changes to this Section made by this amendatory Act of the 94th General Assembly apply to causes of action
accruing on or after its effective date.
(Source: P.A. 94‑677, eff. 8‑25‑05.)
(745 ILCS 49/34)
Sec. 34.
Advanced practice nurse; exemption from civil
liability for emergency care. A person licensed as an advanced practice nurse
under the Nursing and Advanced
Practice Nursing Act who in good faith provides emergency care without fee to a
person shall not be liable for civil damages as a result of his or her acts or
omissions, except for willful or wanton misconduct on the part of the person in
providing the care.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/35)
Sec. 35.
Nurses; exemption from civil liability for emergency care.
Any person licensed as a professional nurse or as a practical nurse in Illinois
or any other
state or territory of the United States who in good faith provides emergency
care without fee to a
person shall not, as a result of her or his acts or omissions, except for
willful or wanton misconduct on the part of the person, in providing the
care, be liable for civil damages.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/40)
Sec. 40.
Nurses; exemption from civil liability for services performed
without compensation.
(a) No person licensed as a professional nurse or as a practical nurse
under the Nursing and Advanced Practice Nursing Act who, without
compensation, renders nursing services shall be liable, and no cause of
action may be brought, for damages resulting from an act or omission in
rendering such services unless the act or omission involved willful or
wanton misconduct.
(b) (Blank).
(c) As used in this Section "entity" means a proprietorship, partnership,
association or corporation, whether or not operated for profit.
(d) Nothing in this Section is intended to bar any cause of action against
an entity or change the liability of an entity which arises out of an act
or omission of any person exempt from liability for negligence under
this Section.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/42)
Sec. 42.
Optometrists;
exemption from civil liability for emergency care. Any
optometrist or any person licensed as a optometrist in any other state
or territory of the United States who in good faith provides emergency care
without fee to a victim of an accident at the scene of an accident shall
not, as a result of his or her acts or omissions,
except willful or wanton misconduct on the part of the person, in providing
the care, be liable for civil damages.
(Source: P.A. 90‑413, eff. 1‑1‑98.)
|
(745 ILCS 49/45)
Sec. 45.
Physical Therapist; exemption from civil liability for
emergency care.
Any physical therapist, as defined in Section 1 of the Illinois Physical
Therapy Act,
who in good faith provides emergency care without fee to any person shall
not, as a result of his or her acts or omissions, except willful and wanton
misconduct
on the part of the person in providing the care, be liable to a person
to whom such care is provided for civil damages.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/46)
Sec. 46.
Physician assistant; exemption from civil
liability for emergency care. A person licensed as a physician assistant
under the Physician Assistant
Practice Act of 1987 who in good faith provides emergency care without fee to a
person shall not be liable for civil damages as a result of his or her acts or
omissions, except for willful or wanton misconduct on the part of the person in
providing the care.
(Source: P.A. 91‑446, eff. 8‑6‑99.)
|
(745 ILCS 49/50)
Sec. 50.
Podiatrist; exemption
from civil liability for emergency care. Any person licensed to
practice podiatric medicine in Illinois, or licensed under an Act of any
other state or territory of the United States, who in good faith provides
emergency care without fee to a victim of an accident at the scene of an
accident or in case of nuclear attack shall not, as a result of his acts or
omissions, except willful or wanton misconduct on the part of the person
in providing the care, be liable for civil damages.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/55)
Sec. 55.
Respiratory care practitioner; exemption from civil liability
for emergency care.
A person licensed under
the Respiratory Care Practice Act
or any person licensed as a respiratory
care practitioner in another state or territory, who in good faith provides
emergency care, without a fee, to a victim of an accident at the scene of an
accident or to a victim of a natural disaster, including but not limited to an
earthquake, hurricane, tornado, nuclear attack, or other similar emergency,
shall not, as a result of his or her acts or omissions, except for willful or
wanton misconduct in providing care, be liable for civil damages.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/60)
Sec. 60.
Veterinarians; exemption from civil liability for emergency care to
humans. Any person licensed under the Veterinary Medicine and Surgery Practice
Act of 2004 or any person licensed as a veterinarian in any other
state or
territory of the United States who in good faith provides emergency care to a
human victim of an accident, at the scene of an accident or in a catastrophe
shall not be liable for civil damages as a result of his or her acts or
omissions, except for willful or wanton misconduct on the part of the person in
providing the care.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
|
(745 ILCS 49/65)
Sec. 65.
Choking victim at food‑service establishment; exemption from
civil liability for emergency assistance. Except as provided by law, no person
shall be obligated to remove, assist in removing, or attempt to remove, food
from another person's
throat, nor shall any person who in good faith removes or attempts to remove
food in an emergency occurring at a food‑service establishment as defined in
the Choke‑Saving Methods Act be liable
for any civil damages as a result of any acts or omissions by that person
in rendering emergency assistance.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
(745 ILCS 49/67)
Sec. 67. First aid providers; exemption for first aid. Any person who is currently certified in first aid by the American Red Cross or the American Heart Association and who in good faith provides first aid without fee to any person shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the aid, be liable to a person to whom such aid is provided for civil damages.
The provisions of this Section shall not apply to any health care facility as defined in Section 8‑2001 of the Code of Civil Procedure or to any practitioner as defined in Section 8‑2003 of the Code of Civil Procedure providing services in a hospital or health care facility.
(Source: P.A. 94‑825, eff. 7‑1‑06.)
(745 ILCS 49/70)
Sec. 70. Law enforcement officers, firemen, Emergency Medical Technicians (EMTs) and First Responders; exemption from
civil liability for emergency care.
Any law enforcement officer or fireman as defined in Section 2 of the
Line of Duty Compensation Act, any "emergency medical technician (EMT)" as defined in Section 3.50 of the Emergency Medical Services (EMS) Systems Act, and any "first responder" as defined in Section 3.60 of the Emergency Medical Services (EMS) Systems Act,
who in good faith
provides emergency care without fee or compensation to any person shall not, as a result of
his or her acts or omissions, except willful and wanton misconduct on the
part of
the person, in providing the care, be liable to a person to whom such
care is provided for civil damages.
(Source: P.A. 93‑1047, eff. 10‑18‑04; 94‑826, eff. 1‑1‑07.)
(745 ILCS 49/72)
Sec. 72. Professional engineers, architects, land surveyors, and structural engineers; exemption from civil liability for professional services in response to disasters or catastrophic events. Any professional engineer, architect, land surveyor, or structural engineer who in good faith, without fee, provides professional services in response to a disaster or other catastrophic event shall not be liable for civil damages as a result of his or her acts or omissions in providing the professional services, except for willful and wanton misconduct. This immunity applies to services that are provided without fee during or within 60 days following the end of a disaster or catastrophic event.
(Source: P.A. 94‑290, eff. 1‑1‑06.)
(745 ILCS 49/75)
Sec. 75.
Employers and employees under the Health and Safety Act;
exemption from civil liability for emergency care.
Any employer, who in good faith provides emergency medical
or first aid care without fee to any employee or any other person
employed on the same project shall not, as a result of his or her acts or
omissions, except willful and wanton misconduct on the part of the
employer, in providing the care, be liable to such employee or such
other person to whom such care is provided for civil damages.
Any employee who in good faith provides emergency medical or first
aid care without fee to any other employee or any other person employed
on the same project shall not, as a result of his or her acts or omissions,
except for willful and wanton misconduct on the part of the employee in
providing the care, be liable to the employee or other person to
whom the care is provided for civil damages.
Excluded from the operation of this Section are any employees who are
licensed physicians, nurses, dentists, or other licensed health services
personnel.
The provisions of this Section do not affect or in any way diminish
or change an employer's liability under the Workers' Compensation Act,
or the Workers' Occupational
Diseases Act.
This Section applies only to employers and employees under the Health and
Safety Act.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑742, eff. 8‑13‑98.)
|
(745 ILCS 49/80)
Sec. 80.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/85)
Sec. 85.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/87)
Sec. 87.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/90)
Sec. 90.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/92)
Sec. 92.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/93)
Sec. 93.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/95)
Sec. 95.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/100)
Sec. 100.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/105)
Sec. 105.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/110)
Sec. 110.
(Amendatory provision; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/115)
Sec. 115.
(Amendatory provisions; text omitted).
(Source: P.A. 89‑607, eff. 1‑1‑97; text omitted.)
|
(745 ILCS 49/120)
Sec. 120.
The Law Enforcement Emergency Care Act is repealed.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
