State of Illinois
Good Samaritan Laws
745 Ill. Comp. Stat. 49.2 (General Statute)
745 Ill. Comp. Stat. 49.10 (CPR)
745 Ill. Comp. Stat. 49.12 (AED)
745 Ill. Comp. Stat. 49.65 (Choking)
- Provides immunity for rescuers
- Provides immunity for AED users
- Encourages/requires CRP & AED training at AHA standards
(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 49/70) Sec. 70. Law
enforcement officers or firemen; 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, 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. 93-1047, eff. 10-18-04.) |
(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; textomitted.) |
(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.) |
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