ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/6-106 (2026)

(a) Neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction

✓ current as of May 2026
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(745 ILCS 10/6-106) (from Ch. 85, par. 6-106)
    Sec. 6-106. (a) Neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.
    (b) Neither a local public entity nor a public employee acting within the scope of his employment is liable for administering with due care the treatment prescribed for mental or physical illness or addiction.
    (c) Nothing in this section exonerates a public employee who has undertaken to prescribe for mental or physical illness or addiction from liability for injury proximately caused by his negligence or by his wrongful act in so prescribing or exonerates a local public entity whose employee, while acting in the scope of his employment, so causes such an injury.
    (d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness or addiction or exonerates a local public entity whose employee, while acting in the scope of his employment, so causes such an injury.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1997–2023 · leading case: Michigan Avenue Nat'l Bank v. Cnty. of Cook, 732 N.E.2d 528 (Ill. 2000).
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Michigan Avenue Nat'l Bank v. Cnty. of Cook, 732 N.E.2d 528 (Ill. 2000). · cites it 7× “" 745 ILCS 10/6-106 (West 1992). Characterizing its lawsuit against defendants as grounded in their "repeated failure to administer proper treatment to Cynthia Collins after they determined that she suffered from a specific medical condition," plaintiff argues that, pursuant to…”
Mills v. Cnty. of Cook, 788 N.E.2d 169 (Ill. App. Ct. 1st Dist. 2003). · cites it 11× “On appeal, plaintiff argues that the trial court erred in finding that section 6-106(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/6-106(a)(West 2000)) immunizes defendant from liability.”
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 714 N.E.2d 1010 (Ill. App. Ct. 1st Dist. 1999). · cites it 10× “745 ILCS 10/6-106 (b) through (d) (West 1996).”
Am. Nat'l Bank & Trust Co. v. Cnty. of Cook, 762 N.E.2d 654 (Ill. App. Ct. 1st Dist. 2001). · cites it 5× “" 745 ILCS 10/6-106(a) (West 2000). Section 6-106(d) states: "Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness…”
Johnson v. Bishof, 2015 IL App (1st) 131122, 33 N.E.3d 624. · cites it 4× “" 745 ILCS 10/6-106(a) (West 2012). 5 1-13-1122 on March 3, 2007, and fell flat on her back.”
Johnson v. Bishof, 2015 IL App (1st) 131122. · cites it 5× “” 745 ILCS 10/6-106(a) (West 2012). 4 This “second male doctor” is not identified or named in plaintiff’s complaint.”
Cooper v. Off. of the Sheriff of Will Cnty., 333 F. Supp. 2d 728 (N.D. Ill. 2004). “745 ILCS 10/6-105 provides: "Neither a local public entity nor a public employee acting within the scope of his employment is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination of any person for…”
Grant v. Bd. of Trs. of Valley View Sch. Dist. No. 365-U, 676 N.E.2d 705 (Ill. App. Ct. 3d Dist. 1997). “" 745 ILCS 10/6-106(a) (West 1994). These immunities are extended to school districts and school employees by the provisions of section 1-206 of the Tort Immunity Act.”
Ramirez v. City of Chicago, 82 F. Supp. 2d 836 (N.D. Ill. 1999). “The paramedics also invoke 745 ILCS 10/6-106, but this is inapplicable, since it immunizes public employees from tort liability in connection with “diagnosis [or] treatment of mental or physical illness or addiction,” but not from liability in connection with refusal to diagnose…”
Shaw v. St. John's Hosp., 2012 IL App (5th) 110088. “” 745 ILCS 10/6-106(a) (West 2010). ¶ 23 We recognize that the merits of Jersey Community Hospital’s motion to dismiss based on the above-cited provisions of the Tort Immunity Act are not before this court and that the circuit court stayed its ruling on the motion pending the…”
Antonacci v. City of Chicago, No. 1-01-3317 Rel (Ill. App. Ct. 1st Dist. Nov. 6, 2002). · cites it 6× “" 745 ILCS 10/6-106 (West 2000). The trial court entered a memorandum opinion and order granting defendant's 2-619 motion to dismiss.”
Am. Nat'l Bank & Trust Co. v. Cnty. of Cook, No. 1-00-3731 Rel (Ill. App. Ct. 1st Dist. Dec. 28, 2001). · cites it 5× “" 745 ILCS 10/6-106(a) (West 2000). Section 6-106(d) states: "Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness…”
Show all 20 citing cases →
745 ILCS 10/6-106(a): 16 cases
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 732 N.E.2d 528 (Ill. 2000). “" 745 ILCS 10/6-106 (West 1992). Characterizing its lawsuit against defendants as grounded in their "repeated failure to administer proper treatment to Cynthia Collins after they determined that she suffered from a specific medical condition," plaintiff argues that, pursuant to…”
Mills v. Cnty. of Cook, 788 N.E.2d 169 (Ill. App. Ct. 1st Dist. 2003). “On appeal, plaintiff argues that the trial court erred in finding that section 6-106(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/6-106(a)(West 2000)) immunizes defendant from liability.”
Am. Nat'l Bank & Trust Co. v. Cnty. of Cook, 762 N.E.2d 654 (Ill. App. Ct. 1st Dist. 2001). “" 745 ILCS 10/6-106(a) (West 2000). Section 6-106(d) states: "Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness…”
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 714 N.E.2d 1010 (Ill. App. Ct. 1st Dist. 1999). “745 ILCS 10/6-106 (b) through (d) (West 1996).”
Johnson v. Bishof, 2015 IL App (1st) 131122, 33 N.E.3d 624. “" 745 ILCS 10/6-106(a) (West 2012). 5 1-13-1122 on March 3, 2007, and fell flat on her back.”
745 ILCS 10/6-106(b): 5 cases
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 732 N.E.2d 528 (Ill. 2000). “" 745 ILCS 10/6-106 (West 1992). Characterizing its lawsuit against defendants as grounded in their "repeated failure to administer proper treatment to Cynthia Collins after they determined that she suffered from a specific medical condition," plaintiff argues that, pursuant to…”
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 714 N.E.2d 1010 (Ill. App. Ct. 1st Dist. 1999). “745 ILCS 10/6-106 (b) through (d) (West 1996).”
Johnson v. Bishof, 2015 IL App (1st) 131122, 33 N.E.3d 624. “" 745 ILCS 10/6-106(a) (West 2012). 5 1-13-1122 on March 3, 2007, and fell flat on her back.”
Johnson v. Bishof, 2015 IL App (1st) 131122. “” 745 ILCS 10/6-106(a) (West 2012). 4 This “second male doctor” is not identified or named in plaintiff’s complaint.”
Johnson v. Bishof, 2015 IL App (1st) 131122.
745 ILCS 10/6-106(c): 5 cases
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 732 N.E.2d 528 (Ill. 2000). “" 745 ILCS 10/6-106 (West 1992). Characterizing its lawsuit against defendants as grounded in their "repeated failure to administer proper treatment to Cynthia Collins after they determined that she suffered from a specific medical condition," plaintiff argues that, pursuant to…”
Mills v. Cnty. of Cook, 788 N.E.2d 169 (Ill. App. Ct. 1st Dist. 2003). “On appeal, plaintiff argues that the trial court erred in finding that section 6-106(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/6-106(a)(West 2000)) immunizes defendant from liability.”
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 714 N.E.2d 1010 (Ill. App. Ct. 1st Dist. 1999). “745 ILCS 10/6-106 (b) through (d) (West 1996).”
Johnson v. Bishof, 2015 IL App (1st) 131122. “” 745 ILCS 10/6-106(a) (West 2012). 4 This “second male doctor” is not identified or named in plaintiff’s complaint.”
Antonacci v. City of Chicago, No. 1-01-3317 Rel (Ill. App. Ct. 1st Dist. Nov. 6, 2002). “" 745 ILCS 10/6-106 (West 2000). The trial court entered a memorandum opinion and order granting defendant's 2-619 motion to dismiss.”
745 ILCS 10/6-106(d): 13 cases
Mills v. Cnty. of Cook, 788 N.E.2d 169 (Ill. App. Ct. 1st Dist. 2003). “On appeal, plaintiff argues that the trial court erred in finding that section 6-106(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/6-106(a)(West 2000)) immunizes defendant from liability.”
Am. Nat'l Bank & Trust Co. v. Cnty. of Cook, 762 N.E.2d 654 (Ill. App. Ct. 1st Dist. 2001). “" 745 ILCS 10/6-106(a) (West 2000). Section 6-106(d) states: "Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness…”
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 732 N.E.2d 528 (Ill. 2000). “" 745 ILCS 10/6-106 (West 1992). Characterizing its lawsuit against defendants as grounded in their "repeated failure to administer proper treatment to Cynthia Collins after they determined that she suffered from a specific medical condition," plaintiff argues that, pursuant to…”
Michigan Avenue Nat'l Bank v. Cnty. of Cook, 714 N.E.2d 1010 (Ill. App. Ct. 1st Dist. 1999). “745 ILCS 10/6-106 (b) through (d) (West 1996).”
Johnson v. Bishof, 2015 IL App (1st) 131122, 33 N.E.3d 624. “" 745 ILCS 10/6-106(a) (West 2012). 5 1-13-1122 on March 3, 2007, and fell flat on her back.”
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