Good Samaritan Act
for Medical Professionals and Others.

Illinois Compiled Statutes - Civil Immunities

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 49/15  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 49/25 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 49/34  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, the American Heart Association, or the National Safety Council 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; 94‑1088, eff. 1‑25‑07.

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.