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MRC Administration
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Written by Joe Bechtold
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Thursday, 25 August 2011 07:46 |
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During MRC meetings questions were asked about liability protection and mal-practice insurance. Jason and I asked the question of the state's attorney and this is the response we recieved:
Volunteers assisting the health department are provided some protection from liability under both Federal and State Law. The Local Governmental Tort Immunity Act 745 ILCS 10/1-101 et seq. applies to volunteers as well as employees making an employee/volunteer only liable for acts or omissions of a willful and wanton nature (intent to harm or reckless indifference). The Illinois Good Samaritan Law 745 ILCS 49/1 provides some additional protections when licensed individuals act in an emergency situation that they are not being compensated for. The Federal Volunteer Protection Act of 1997 42 U.S.C. 14501 also provides protection similar to Local Governmental Tort Immunity Act in that there is no liability for volunteers of a governmental entity or non-profit agency acting within the scope of their duties unless their act or omission is of a willful and wanton nature.
All that being said I can give no specific legal advice to a volunteer as to whether or not they need to carry malpractice insurance. Please contact me if you have further questions or need clarification. I apologize for taking so long to get back to you.
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