93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2783


 
Introduced 2/5/2004, by Kirk W. Dillard
 
SYNOPSIS AS INTRODUCED:
 		














745 ILCS 49/30









    Amends the Illinois Good Samaritan Act.  Provides that the immunity for civil damages provided for services performed without compensation at free medical clinics also applies to physicians and other health care professionals that provide medical treatment, diagnosis, or advice at federally qualified health care centers without fee or compensation. Makes changes in the definition of "free medical clinic".
















LRB093 20600 LCB 46422 b

















 


 


A BILL FOR









 











SB2783

LRB093 20600 LCB 46422 b






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    AN ACT concerning medical clinics.

 
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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 5. The Good Samaritan Act is amended  by changing 
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Section 30 as follows:
 



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    (745 ILCS 49/30)



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    Sec. 30. Free medical clinic; exemption from civil 
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liability for services
performed without compensation.

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    (a) A person licensed under the Medical Practice Act of 
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1987, a person
licensed to practice the treatment of human 
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ailments in any
other state or territory of the United States, 
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or a health care professional,
including but not limited to an 
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advanced practice nurse, physician
assistant, nurse, 
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pharmacist, physical therapist, podiatrist, or social worker

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licensed in this State or any other state or territory of the 
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United States,
who, in good faith, provides medical treatment,

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diagnosis, or advice as a part of the services of an

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established free medical clinic providing care to medically 
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indigent patients
which is limited to care that does not 
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require the services of a
licensed hospital or ambulatory 
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surgical treatment center and who receives
no fee or 
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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 
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misconduct.

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    (b) For purposes of this Section, a "free medical clinic" 
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is an
organized community based program providing medical care 
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without
charge to individuals unable to pay for it, at which 
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the
care provided does not include the use
of general 
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anesthesia or require an overnight stay in a health-care 
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facility.

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    (c) The provisions of subsection (a) of this Section do not 
 


 






SB2783
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LRB093 20600 LCB 46422 b




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apply to a
particular case unless the free medical
clinic has 
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posted in a conspicuous place on its premises an explanation of 
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the
exemption from civil liability provided herein.

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    (d) The immunity from civil damages provided under 
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subsection (a) also
applies to physicians, hospitals, and other 
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health care providers that provide
further medical treatment, 
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diagnosis, or advice to a patient upon referral from
an 
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established free medical clinic without fee or compensation. 
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The immunity for civil damages provided under subsection (a) 
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also applies to physicians and other health care professionals 
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that provide medical treatment, diagnosis, or advice at 
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federally qualified health care centers without fee or 
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compensation.


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    (e) Nothing in this Section prohibits a free medical clinic 
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from accepting
voluntary contributions for medical services 
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provided to a patient who has
acknowledged his or her ability 
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and willingness to pay a portion of the value
of the medical 
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services provided.

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    Any voluntary contribution collected for providing care at 
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a free medical
clinic shall be used only to pay overhead 
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expenses of operating the clinic.  No
portion of any moneys 
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collected shall be used to provide a fee or other
compensation 
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to any person licensed under Medical Practice Act of 1987.

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(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)