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|[ Introduced ]||[ Enrolled ]||[ House Amendment 001 ]|
90_SB0587eng 745 ILCS 49/42 new 745 ILCS 49/42.5 new Amends the Good Samaritan Act. Provides that an optometrist who provides emergency care without fee to a victim at the scene of an accident shall not be liable for civil damages. Provides that a person licensed under the Optometric Practice Act who provides certain services at a free optometric clinic shall not be liable for civil damages. LRB900078NTcw SB587 Engrossed LRB900078NTcw 1 AN ACT to amend the Good Samaritan Act by adding Sections 2 42 and 42.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Good Samaritan Act is amended by adding 6 Section 42 and 42.5 as follows: 7 (745 ILCS 49/42 new) 8 Sec. 42. Optometrists; exemption from civil liability for 9 emergency care. Any optometrist or any person licensed as a 10 optometrist in any other state or territory of the United 11 States who in good faith provides emergency care without fee 12 to a victim of an accident at the scene of an accident shall 13 not, as a result of his or her acts or omissions, except 14 willful or wanton misconduct on the part of the person, in 15 providing the care, be liable for civil damages. 16 (745 ILCS 49/42.5 new) 17 Sec. 42.5. Free optometric clinic; exemption from civil 18 liability for services performed without compensation. Any 19 person licensed under the Illinois Otometric Practice Act to 20 practice optometry who, in good faith, provides optometric 21 treatment, optometric services, diagnoses, or advice as part 22 of the services of an established free optometric clinic 23 providing care to medically indigent patients which is 24 limited to care which does not require the services of a 25 licensed hospital or ambulatory surgical treatment center, 26 and who receives no fee or compensation from that source 27 shall not, as a result of any acts or omissions, except for 28 willful or wanton misconduct on the part of the licensee, in 29 providing optometric treatment, optometric services, 30 diagnoses or advice, be liable for civil damages. For SB587 Engrossed -2- LRB900078NTcw 1 purposes of this Section, a "free optometric clinic" is an 2 organized community based program providing, without charge, 3 optometric care to individuals unable to pay for their care. 4 The provisions of this Section shall not apply in any 5 case unless the free optometric clinic has posted in a 6 conspicuous place on its premises an explanation of the 7 immunity from civil liability provided in this Section.
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