100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4718

 

Introduced , by Rep. Natalie Phelps Finnie

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 49/68

    Amends the Good Samaritan Act. Provides that the immunity extended to disaster relief volunteers extends to any health practitioner, as that term is defined in the Uniform Emergency Volunteer Health Practitioners Act. Provides that the immunity is extended to a class of specified individuals who in good faith and without fee or compensation provide "health services", as that term is defined in the Uniform Emergency Volunteer Health Practitioners Act. Provides that the period of immunity lasts 30 (instead of 10) days following a disaster or catastrophic event or during the time the Governor has declared a disaster pursuant to the Illinois Emergency Management Agency Act. Provides that the immunity applies only to a disaster relief volunteer who provides health services in relief of a disaster, as that term is defined by the Illinois Emergency Management Agency Act (instead of in relief of an earthquake, hurricane, tornado, nuclear attack, terrorist attack, epidemic, or pandemic). Makes other changes. Effective immediately.


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A BILL FOR

 

HB4718LRB100 16309 HEP 31433 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Good Samaritan Act is amended by changing
5Section 68 as follows:
 
6    (745 ILCS 49/68)
7    Sec. 68. Disaster relief volunteers. Any firefighter,
8licensed emergency medical technician (EMT) as defined by
9Section 3.50 of the Emergency Medical Services (EMS) Systems
10Act, physician, dentist, podiatric physician, optometrist,
11pharmacist, advanced practice registered nurse, physician
12assistant, or nurse, or any health practitioner as defined by
13item (7) of Section 3 of the Uniform Emergency Volunteer Health
14Practitioners Act who in good faith and without fee or
15compensation provides health care services, as that term is
16defined in item (8) of Section 3 of the Uniform Emergency
17Volunteer Health Practitioners Act, as a disaster relief
18volunteer shall not, as a result of his or her acts or
19omissions, except willful and wanton misconduct on the part of
20the person, in providing health care services, be liable to a
21person to whom the health care services are provided for civil
22damages. This immunity applies to health care services that are
23provided without fee or compensation during or within 30 10

 

 

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1days following the end of a disaster or catastrophic event or
2during the time the Governor has declared a disaster pursuant
3to Section 7 of the Illinois Emergency Management Agency Act,
4whichever period is longer.
5    The immunity provided in this Section only applies to a
6disaster relief volunteer who provides health care services in
7relief of a disaster, as that term is defined by Section 4 of
8the Illinois Emergency Management Agency Act an earthquake,
9hurricane, tornado, nuclear attack, terrorist attack,
10epidemic, or pandemic without fee or compensation for providing
11the volunteer health care services.
12    The provisions of this Section shall not apply to any
13health care facility as defined in Section 8-2001 of the Code
14of Civil Procedure or to any practitioner, who is not a
15disaster relief volunteer, providing health care services in a
16hospital or health care facility.
17(Source: P.A. 100-513, eff. 1-1-18.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.