100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4270

 

Introduced , by Rep. David S. Olsen

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 49/30

    Amends the Good Samaritan Act. Provides that a free medical clinic shall not be liable for civil damages as a result of acts or omissions in providing medical treatment, diagnosis, or advice, except for willful or wanton misconduct.


LRB100 13941 HEP 28680 b

 

 

A BILL FOR

 

HB4270LRB100 13941 HEP 28680 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    Sec. 30. Free medical clinic; exemption from civil
8liability for services performed without compensation.
9    (a) A free medical clinic shall not be liable for civil
10damages as a result of acts or omissions in providing medical
11treatment, diagnosis, or advice as a part of the services of
12the free medical clinic, except for willful or wanton
13misconduct. A person licensed under the Medical Practice Act of
141987, a person licensed to practice the treatment of human
15ailments in any other state or territory of the United States,
16or a health care professional, including but not limited to an
17advanced practice nurse, physician assistant, nurse,
18pharmacist, physical therapist, podiatric physician, or social
19worker licensed in this State or any other state or territory
20of the United States, who, in good faith, provides medical
21treatment, diagnosis, or advice as a part of the services of an
22established free medical clinic providing care to medically
23indigent patients which is limited to care that does not

 

 

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1require the services of a licensed hospital or ambulatory
2surgical treatment center and who receives no fee or
3compensation from that source shall not be liable for civil
4damages as a result of his or her acts or omissions in
5providing that medical treatment, except for willful or wanton
6misconduct.
7    (b) For purposes of this Section, a "free medical clinic"
8is:
9        (1) an organized community based program providing
10    medical care without charge to individuals unable to pay
11    for it, at which the care provided does not include the use
12    of general anesthesia or require an overnight stay in a
13    health-care facility; or
14        (2) a program organized by a certified local health
15    department pursuant to Part 600 of Title 77 of the Illinois
16    Administrative Code, utilizing health professional members
17    of the Volunteer Medical Reserve Corps (the federal
18    organization under 42 U.S.C. 300hh-15) providing medical
19    care without charge to individuals unable to pay for it, at
20    which the care provided does not include an overnight stay
21    in a health-care facility.
22    (c) The provisions of subsection (a) of this Section do not
23apply to a particular case unless the free medical clinic has
24posted in a conspicuous place on its premises an explanation of
25the exemption from civil liability provided herein.
26    (d) The immunity from civil damages provided under

 

 

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1subsection (a) also applies to physicians, hospitals, and other
2health care providers that provide further medical treatment,
3diagnosis, or advice to a patient upon referral from an
4established free medical clinic without fee or compensation.
5    (e) Nothing in this Section prohibits a free medical clinic
6from accepting voluntary contributions for medical services
7provided to a patient who has acknowledged his or her ability
8and willingness to pay a portion of the value of the medical
9services provided.
10    Any voluntary contribution collected for providing care at
11a free medical clinic shall be used only to pay overhead
12expenses of operating the clinic. No portion of any moneys
13collected shall be used to provide a fee or other compensation
14to any person licensed under Medical Practice Act of 1987.
15    (f) The changes to this Section made by this amendatory Act
16of the 99th General Assembly apply only to causes of action
17accruing on or after the effective date of this amendatory Act
18of the 99th General Assembly. The changes to this Section made
19by this amendatory Act of the 100th General Assembly apply only
20to causes of action accruing on or after the effective date of
21this amendatory Act of the 100th General Assembly.
22(Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16.)