Full Text of HB0179 94th General Assembly
HB0179ham001 94TH GENERAL ASSEMBLY
|
Rep. David R. Leitch
Filed: 4/6/2005
|
|
09400HB0179ham001 |
|
LRB094 05632 LCB 43563 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 179
| 2 |
| AMENDMENT NO. ______. Amend House Bill 179 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Good Samaritan Act is amended by changing | 5 |
| Section 30 as follows:
| 6 |
| (745 ILCS 49/30)
| 7 |
| Sec. 30. Free medical clinic; exemption from civil | 8 |
| liability for services
performed without compensation.
| 9 |
| (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
| 15 |
| licensed in this State or any other state or territory of the | 16 |
| United States,
who, in good faith, provides medical treatment,
| 17 |
| diagnosis, or advice as a part of the services of an
| 18 |
| 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
| 23 |
| damages as a result of his or her acts or omissions in
| 24 |
| providing that medical treatment, except for willful or wanton |
|
|
|
09400HB0179ham001 |
- 2 - |
LRB094 05632 LCB 43563 a |
|
| 1 |
| misconduct.
| 2 |
| (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. A "free medical clinic" shall include federally | 8 |
| qualified health centers.
| 9 |
| (c) The provisions of subsection (a) of this Section do not | 10 |
| apply to a
particular case unless the free medical
clinic has | 11 |
| posted in a conspicuous place on its premises an explanation of | 12 |
| the
exemption from civil liability provided herein.
| 13 |
| (d) The immunity from civil damages provided under | 14 |
| subsection (a) also
applies to physicians, hospitals, and other | 15 |
| health care providers that provide
further medical treatment, | 16 |
| diagnosis, or advice to a patient upon referral from
an | 17 |
| established free medical clinic without fee or compensation. | 18 |
| The immunity for civil damages provided under subsection (a) | 19 |
| also applies to physicians and other health care professionals | 20 |
| that provide medical treatment, diagnosis, or advice at | 21 |
| federally qualified health care centers without fee or | 22 |
| compensation.
| 23 |
| (e) Nothing in this Section prohibits a free medical clinic | 24 |
| from accepting
voluntary contributions for medical services | 25 |
| provided to a patient who has
acknowledged his or her ability | 26 |
| and willingness to pay a portion of the value
of the medical | 27 |
| services provided.
| 28 |
| Any voluntary contribution collected for providing care at | 29 |
| a free medical
clinic shall be used only to pay overhead | 30 |
| expenses of operating the clinic. No
portion of any moneys | 31 |
| collected shall be used to provide a fee or other
compensation | 32 |
| to any person licensed under Medical Practice Act of 1987.
| 33 |
| (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)".
|
|