98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1759

 

Introduced 2/15/2013, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 49/30

    Amends the Good Samaritan Act. To the definition of "free medical clinic", adds programs organized by a municipality, local health department, or local health jurisdiction under a program organized by a local health department under administrative rules utilizing credentialed members of the Medical Reserve Corps at which the care provided does not include an overnight stay in a health-care facility.


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A BILL FOR

 

SB1759LRB098 08432 HEP 38538 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Good Samaritan Act is amended by changing
5Section 30 as follows:
 
6    (745 ILCS 49/30)
7    (Text of Section WITHOUT the changes made by P.A. 94-677,
8which has been held unconstitutional)
9    Sec. 30. Free medical clinic; exemption from civil
10liability for services performed without compensation.
11    (a) A person licensed under the Medical Practice Act of
121987, a person licensed to practice the treatment of human
13ailments in any other state or territory of the United States,
14or a health care professional, including but not limited to an
15advanced practice nurse, physician assistant, nurse,
16pharmacist, physical therapist, podiatrist, or social worker
17licensed in this State or any other state or territory of the
18United States, who, in good faith, provides medical treatment,
19diagnosis, or advice as a part of the services of an
20established free medical clinic providing care to medically
21indigent patients which is limited to care that does not
22require the services of a licensed hospital or ambulatory
23surgical treatment center and who receives no fee or

 

 

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1compensation from that source shall not be liable for civil
2damages as a result of his or her acts or omissions in
3providing that medical treatment, except for willful or wanton
4misconduct.
5    (b) For purposes of this Section, a "free medical clinic"
6is:
7        (1) an organized community based program providing
8    medical care without charge to individuals unable to pay
9    for it, at which the care provided does not include the use
10    of general anesthesia or require an overnight stay in a
11    health-care facility; or .
12        (2) a program organized by a municipality, local health
13    department, or local health jurisdiction under a program
14    organized by a local health department under 77 Ill. Adm.
15    Code 615 utilizing credentialed members of the Medical
16    Reserve Corps at which the care provided does not include
17    an overnight stay in a health-care facility.
18    (c) The provisions of subsection (a) of this Section do not
19apply to a particular case unless the free medical clinic has
20posted in a conspicuous place on its premises an explanation of
21the exemption from civil liability provided herein.
22    (d) The immunity from civil damages provided under
23subsection (a) also applies to physicians, hospitals, and other
24health care providers that provide further medical treatment,
25diagnosis, or advice to a patient upon referral from an
26established free medical clinic without fee or compensation.

 

 

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1    (e) Nothing in this Section prohibits a free medical clinic
2from accepting voluntary contributions for medical services
3provided to a patient who has acknowledged his or her ability
4and willingness to pay a portion of the value of the medical
5services provided.
6    Any voluntary contribution collected for providing care at
7a free medical clinic shall be used only to pay overhead
8expenses of operating the clinic. No portion of any moneys
9collected shall be used to provide a fee or other compensation
10to any person licensed under Medical Practice Act of 1987.
11(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)