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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3047
Introduced 2/6/2004, by David Luechtefeld, Frank C. Watson, Kirk W. Dillard, John O. Jones SYNOPSIS AS INTRODUCED:
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Amends the Good Samaritan Act. Provides that any physician licensed under the Medical Practice Act of 1987 and any licensed hospital and any of the hospital's employees, agents, apparent agents, and independent contractors who in good faith provide emergency care or services to a person who is in need of emergency medical treatment and has presented to a hospital for emergency medical care shall not be liable for civil damages as a result of his, her, or its acts or omissions, except for willful or wanton misconduct on the part of the physician, the hospital, or any of the hospital's employees, independent contractors, agents, or apparent agents, in providing the care.
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A BILL FOR
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SB3047 |
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LRB093 20813 LCB 46737 b |
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| AN ACT concerning civil immunity.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Good Samaritan Act is amended by adding |
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| Section 26 as follows:
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| (745 ILCS 49/26 new)
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| Sec. 26. Preservation of emergency medical care. |
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| (a) The General Assembly acknowledges that many hospitals |
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| and physicians provide great benefits to the citizens of |
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| Illinois by operating emergency departments and trauma centers |
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| and providing services to individuals in need of emergency care |
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| throughout the State, without regard to their ability to pay |
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| for the care and often without payment for services. The |
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| General Assembly also acknowledges that many hospitals and |
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| physicians are discontinuing their status as trauma centers or |
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| reducing the scope of their emergency care due to the fear of |
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| lawsuits based on claims of medical negligence. The public and |
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| society in general will suffer if these trauma centers cease |
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| operations or hospital emergency departments reduce their |
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| level of emergency care. |
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| (b) Any physician licensed under the Medical Practice Act |
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| of 1987 and any licensed hospital and any of the hospital's |
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| employees, agents, apparent agents, and independent |
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| contractors who in good faith provide emergency care or |
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| services to a person who is in need of emergency medical |
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| treatment and has presented to a hospital for emergency medical |
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| care shall not be liable for civil damages as a result of his, |
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| her, or its acts or omissions, except for willful or wanton |
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| misconduct on the part of the physician, the hospital, or any |
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| of the hospital's employees, independent contractors, agents, |
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| or apparent agents, in providing the care.
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