Full Text of HB6235 93rd General Assembly
HB6235ham001 93RD GENERAL ASSEMBLY
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Rep. Rosemary Kurtz
Filed: 3/31/2004
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09300HB6235ham001 |
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LRB093 14621 LCB 48961 a |
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| AMENDMENT TO HOUSE BILL 6235
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| AMENDMENT NO. ______. Amend House Bill 6235 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. 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, physician
assistant, nurse, | 14 |
| pharmacist, physical therapist, podiatrist, or social worker
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| licensed in this State or any other state or territory of the | 16 |
| 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 | 19 |
| indigent patients
which is limited to care that does not | 20 |
| require the services of a
licensed hospital or ambulatory | 21 |
| surgical treatment center and who receives
no fee or | 22 |
| 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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LRB093 14621 LCB 48961 a |
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| misconduct.
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| (b) For purposes of this Section, a "free medical clinic" | 3 |
| is an
organized community based program providing medical care | 4 |
| without
charge to individuals unable to pay for it, at which | 5 |
| the
care provided does not include the use
of general | 6 |
| anesthesia or require an overnight stay in a health-care | 7 |
| facility.
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| (c) The provisions of subsection (a) of this Section do not | 9 |
| apply to a
particular case unless the free medical
clinic has | 10 |
| posted in a conspicuous place on its premises an explanation of | 11 |
| the
exemption from civil liability provided herein.
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| (d) The immunity from civil damages provided under | 13 |
| subsection (a) also
applies to physicians, hospitals, and other | 14 |
| health care providers that provide
further medical treatment, | 15 |
| diagnosis, or advice to a patient upon referral from
an | 16 |
| established free medical clinic without fee or compensation.
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| (d-5) A free medical clinic may receive reimbursement from | 18 |
| the Illinois
Department of Public Aid or may receive partial | 19 |
| reimbursement from a patient
based
upon his or her ability to | 20 |
| pay, provided any reimbursements shall be used only to pay
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| overhead expenses of operating the free medical clinic and may | 22 |
| not be used, in
whole or in
part, to provide a fee or other | 23 |
| compensation to any person licensed under the
Medical
Practice | 24 |
| Act of 1987 or any other health care professional
who is | 25 |
| receiving an exemption under this Section. Medical care shall
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| not include
the use of general anesthesia or require an | 27 |
| overnight stay in a health care
facility.
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| (e) Nothing in this Section prohibits a free medical clinic | 29 |
| from accepting
voluntary contributions for medical services | 30 |
| provided to a patient who has
acknowledged his or her ability | 31 |
| and willingness to pay a portion of the value
of the medical | 32 |
| services provided.
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| Any voluntary contribution collected for providing care at | 34 |
| 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 | 2 |
| collected shall be used to provide a fee or other
compensation | 3 |
| 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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