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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6558
Introduced 2/6/2004, by Elizabeth Coulson SYNOPSIS AS INTRODUCED:
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Amends the Good Samaritan Act. Provides an exemption from civil liability for
emergency
care or treatment or supplies given in good faith which are related to or arise
out of a
public health
emergency. Liability for civil damages will be imposed for willful or wanton
misconduct on the part of the person in providing the care or treatment or
supplies. Defines a "public health emergency". Effective
immediately.
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A BILL FOR
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HB6558 |
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LRB093 21157 RXD 47223 b |
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| AN ACT concerning civil liability.
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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 27 as
follows:
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| (745 ILCS 49/27 new)
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| Sec. 27. Public health emergency; exemption from civil |
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| liability for
emergency care.
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| (a) Any person, including a person licensed to practice |
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| medicine or health
care facility such as a hospital, which, in
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| good faith, renders emergency care or treatment or supplies |
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| without fee in
response
to an emergency situation related to |
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| and arising out of a public health
emergency shall not be |
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| liable for civil damages as a result of his, her, or its
acts
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| or omissions, except for willful or wanton misconduct on the |
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| part of the person
in providing the care or treatment or |
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| supplies.
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| (b) As used in this Section, "public health emergency" |
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| means an
occurrence or imminent threat of an illness or health |
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| condition that
is believed to be caused by any of the |
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| following:
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| (i) bioterrorism;
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| (ii) the appearance of a novel or previously |
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| controlled or eradicated
infectious agent or
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| biological toxin;
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| (iii) a natural disaster;
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| (iv) a chemical attack or accidental release;
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| (v) a nuclear attack or accident; or
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| (vi) any situation declared an emergency or |
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| disaster by the Governor of
the State of Illinois or |
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| President of the United States.
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| Section 99. Effective date. This Act takes effect upon |