(225 ILCS 64/95)

(Section scheduled to be repealed on January 1, 2027)

Sec. 95. Vicarious liability.

(a) Consultation with a physician or advanced practice registered nurse does not alone create a physician-patient or advanced practice registered nurse-patient relationship or any other relationship with the physician or advanced practice registered nurse. The informed consent shall specifically state that the licensed certified professional midwife and any consulting physician or advanced practice registered nurse are not employees, partners, associates, agents, or principals of one another. The licensed certified professional midwife shall inform the patient that he or she is independently licensed and practicing midwifery and in that regard is solely responsible for the services he or she provides.

(b) Nothing in this Act is intended to expand or limit the malpractice liability of physicians, advanced practice registered nurses, licensed certified professional midwives, or other health care professionals, hospitals, or other health care institutions beyond the limits existing in current Illinois statutory and common law; however, no physician, nurse, emergency medical personnel, hospital, or other health care institution shall be liable for any act or omission resulting from the provision of services by any licensed certified professional midwife solely on the basis that the physician, nurse, emergency medical personnel, hospital, or other health care institution has consulted with or accepted a referral from the licensed certified professional midwife. The physician, nurse, licensed certified professional midwife, emergency medical personnel, hospital, or other health care institution providing care are responsible for their own acts and omissions.

(Source: P.A. 102-683, eff. 10-1-22.)