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Rep. David R. Leitch
Filed: 4/6/2005
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09400HB0179ham001 |
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LRB094 05632 LCB 43563 a |
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| AMENDMENT TO HOUSE BILL 179
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| AMENDMENT NO. ______. Amend House Bill 179 by replacing |
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| everything after the enacting clause with the following:
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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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09400HB0179ham001 |
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LRB094 05632 LCB 43563 a |
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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. A "free medical clinic" shall include federally |
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| qualified health centers.
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| (c) The provisions of subsection (a) of this Section do not |
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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.)".
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