Full Text of SB2616 94th General Assembly
SB2616sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2616
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| AMENDMENT NO. ______. Amend Senate Bill 2616 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
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, retired physician, physician
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| assistant, nurse, pharmacist, physical therapist, podiatrist, | 15 |
| or social worker
licensed in this State or any other state or | 16 |
| territory of the United States,
who, in good faith, provides | 17 |
| medical treatment,
diagnosis, or advice as a part of the | 18 |
| services of an
established free medical clinic providing care, | 19 |
| including but not limited to home visits, without charge to | 20 |
| patients
which is limited to care that does not require the | 21 |
| services of a
licensed hospital or ambulatory surgical | 22 |
| treatment center and who receives
no fee or compensation from | 23 |
| that source shall not be liable for civil
damages as a result | 24 |
| of his or her acts or omissions in
providing that medical |
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| treatment, except for willful or wanton 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, at which the
care provided does | 5 |
| not include an overnight stay in a health-care facility.
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| (c) The provisions of subsection (a) of this Section do not | 7 |
| apply to a
particular case unless the free medical
clinic has | 8 |
| posted in a conspicuous place on its premises an explanation of | 9 |
| the
exemption from civil liability provided herein.
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| (d) The immunity from civil damages provided under | 11 |
| subsection (a) also
applies to physicians, retired physicians,
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| hospitals, and other health care providers that provide
further | 13 |
| medical treatment, diagnosis, or advice, including but not | 14 |
| limited to hospitalization, office visits, and home visits, to | 15 |
| a patient upon referral from
an established free medical clinic | 16 |
| 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, provided any | 19 |
| reimbursements shall be used only to pay
overhead expenses of | 20 |
| operating the free medical clinic and may not be used, in
whole | 21 |
| or in
part, to provide a fee or other compensation to any | 22 |
| person licensed under the
Medical
Practice Act of 1987 or any | 23 |
| other health care professional
who is receiving an exemption | 24 |
| under this Section. Any health care professional receiving an | 25 |
| exemption under this Section may not receive any fee or other | 26 |
| compensation in connection with any services provided to, or | 27 |
| any ownership interest in, the clinic. Medical care shall
not | 28 |
| include
an overnight stay in a health care
facility. | 29 |
| (e) Nothing in this Section prohibits a free medical clinic | 30 |
| from accepting
voluntary contributions for medical services | 31 |
| provided to a patient who has
acknowledged his or her ability | 32 |
| and willingness to pay a portion of the value
of the medical | 33 |
| services provided.
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| (f) Any voluntary contribution collected for providing |
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| care at a free medical
clinic shall be used only to pay | 2 |
| overhead expenses of operating the clinic. No
portion of any | 3 |
| moneys collected shall be used to provide a fee or other
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| compensation to any person licensed under Medical Practice Act | 5 |
| of 1987.
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| (g) The changes to this Section made by this amendatory Act | 7 |
| of the 94th General Assembly apply to causes of action
accruing | 8 |
| on or after its effective date.
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| (Source: P.A. 94-677, eff. 8-25-05.)".
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