State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0448

HB2303 Enrolled                                LRB9100491ACsb

    AN ACT to amend the Hospital Licensing  Act  by  changing
Section 10.2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Hospital  Licensing  Act  is  amended  by
changing Section 10.2 as follows:

    (210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
    Sec.   10.2.    Because   the  candid  and  conscientious
evaluation  of  clinical  practices  is  essential   to   the
provision of adequate hospital care, it is the policy of this
State  to  encourage  peer  review  by health care providers.
Therefore, no hospital and no individual  who  is  a  member,
agent,  or  employee  of  a hospital, hospital medical staff,
hospital administrative staff, or  hospital  governing  board
shall  be  liable  for civil damages as a result of the acts,
omissions, decisions, or  any  other  conduct,  except  those
involving   wilful   or   wanton  misconduct,  of  a  medical
utilization committee, medical review committee, patient care
audit committee, medical care evaluation  committee,  quality
review   committee,   credential   committee,   peer   review
committee,   or  any  other  committee  or  individual  whose
purpose, directly or indirectly, is internal quality  control
or  medical  study  to  reduce morbidity or mortality, or for
improving patient care within a hospital, or the improving or
benefiting of patient care and treatment,  whether  within  a
hospital   or   not,  or  for  the  purpose  of  professional
discipline including institution of a summary  suspension  in
accordance  with  Section  10.4  of  this Act and the medical
staff bylaws.  Nothing in  this  Section  shall  relieve  any
individual  or hospital from liability arising from treatment
of a patient.  Any  individual  or  hospital  from  liability
arising from treatment of a patient. For the purposes of this
Section,  "wilful  and  wanton  misconduct" means a course of
action that shows actual or deliberate intention to  harm  or
that,  if  not intentional, shows an utter indifference to or
conscious disregard for a person's own safety and the  safety
of others.
(Source: P.A. 85-661.)

    Section  99.   Effective  date.  This Act takes effect on
July 1, 1999.