Full Text of SB0154 94th General Assembly
SB0154 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0154
Introduced 2/2/2005, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Good Samaritan Act. Adds retired physicians to the list of persons protected under the Act. Expands the immunity for civil damages provided for services performed without compensation at, or upon referral from, free medical clinics. Allows a free medical clinic to receive reimbursement from the Illinois
Department of Public Aid, provided any reimbursements shall be used only to pay
overhead expenses of operating the free medical clinic and may not be used, in
whole or in
part, to provide a fee or other compensation to any listed person. Provides that, for purposes of reimbursement from the Illinois Department of Public Aid, medical care does not include an overnight stay in a health care facility. Effective immediately.
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A BILL FOR
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SB0154 |
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| AN ACT concerning medical malpractice.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 340. The Good Samaritan Act is amended by changing | 5 |
| Section 30 as follows:
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| (745 ILCS 49/30)
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| Sec. 30. Free medical clinic; exemption from civil | 8 |
| liability for services
performed without compensation.
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| (a) A person licensed under the Medical Practice Act of | 10 |
| 1987, a person
licensed to practice the treatment of human | 11 |
| ailments in any
other state or territory of the United States, | 12 |
| or a health care professional,
including but not limited to an | 13 |
| advanced practice nurse, retired physician, physician
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| assistant, nurse, pharmacist, physical therapist, podiatrist, | 15 |
| or social worker
licensed in this State or any other state or | 16 |
| territory of the United States,
who, in good faith, provides | 17 |
| medical treatment,
diagnosis, or advice as a part of the | 18 |
| services of an
established free medical clinic providing care , | 19 |
| including but not limited to home visits, without charge to | 20 |
| medically indigent patients
which is limited to care that does | 21 |
| not require the services of a
licensed hospital or ambulatory | 22 |
| surgical treatment center and who receives
no fee or | 23 |
| compensation from that source shall not be liable for civil
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| damages as a result of his or her acts or omissions in
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| providing that medical treatment, except for willful or wanton | 26 |
| misconduct.
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| (b) For purposes of this Section, a "free medical clinic" | 28 |
| is an
organized community based program providing medical care | 29 |
| without
charge to individuals unable to pay for it , at which | 30 |
| the
care provided does not include the use
of general | 31 |
| anesthesia or require an overnight stay in a health-care | 32 |
| facility.
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SB0154 |
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| (c) The provisions of subsection (a) of this Section do not | 2 |
| apply to a
particular case unless the free medical
clinic has | 3 |
| posted in a conspicuous place on its premises an explanation of | 4 |
| the
exemption from civil liability provided herein.
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| (d) The immunity from civil damages provided under | 6 |
| subsection (a) also
applies to physicians, retired physicians,
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| hospitals, and other health care providers that provide
further | 8 |
| medical treatment, diagnosis, or advice , including but not | 9 |
| limited to hospitalization, office visits, and home visits, to | 10 |
| a patient upon referral from
an established free medical clinic | 11 |
| without fee or compensation.
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| (d-5) A free medical clinic may receive reimbursement from | 13 |
| the Illinois
Department of Public Aid, provided any | 14 |
| reimbursements shall be used only to pay
overhead expenses of | 15 |
| operating the free medical clinic and may not be used, in
whole | 16 |
| or in
part, to provide a fee or other compensation to any | 17 |
| person licensed under the
Medical
Practice Act of 1987 or any | 18 |
| other health care professional
who is receiving an exemption | 19 |
| under this Section. Any health care professional receiving an | 20 |
| exemption under this Section may not receive any fee or other | 21 |
| compensation in connection with any services provided to, or | 22 |
| any ownership interest in, the clinic. Medical care shall
not | 23 |
| include
an overnight stay in a health care
facility. | 24 |
| (e) Nothing in this Section prohibits a free medical clinic | 25 |
| from accepting
voluntary contributions for medical services | 26 |
| provided to a patient who has
acknowledged his or her ability | 27 |
| and willingness to pay a portion of the value
of the medical | 28 |
| services provided.
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| (f) Any voluntary contribution collected for providing | 30 |
| care at a free medical
clinic shall be used only to pay | 31 |
| overhead expenses of operating the clinic. No
portion of any | 32 |
| moneys collected shall be used to provide a fee or other
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| compensation to any person licensed under Medical Practice Act | 34 |
| of 1987.
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| (g) The changes made to this Section by this amendatory Act | 36 |
| of the 94th General Assembly apply to causes of action
accruing |
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SB0154 |
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| on or after its effective date.
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| (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
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| Section 999. Effective date. This Act takes effect upon | 4 |
| becoming law.
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