Full Text of HB4270 100th General Assembly
HB4270 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4270 Introduced , by Rep. David S. Olsen SYNOPSIS AS INTRODUCED: |
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Amends the Good Samaritan Act. Provides that a free medical clinic shall not be liable for civil
damages as a result of acts or omissions in
providing medical treatment,
diagnosis, or advice, except for willful or wanton misconduct.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 free medical clinic shall not be liable for civil
| 10 | | damages as a result of acts or omissions in providing medical | 11 | | treatment,
diagnosis, or advice as a part of the services of | 12 | | the
free medical clinic, except for willful or wanton | 13 | | misconduct. A person licensed under the Medical Practice Act of | 14 | | 1987, a person
licensed to practice the treatment of human | 15 | | ailments in any
other state or territory of the United States, | 16 | | or a health care professional,
including but not limited to an | 17 | | advanced practice nurse, physician
assistant, nurse, | 18 | | pharmacist, physical therapist, podiatric physician, or social | 19 | | worker
licensed in this State or any other state or territory | 20 | | of the United States,
who, in good faith, provides medical | 21 | | treatment,
diagnosis, or advice as a part of the services of an
| 22 | | established free medical clinic providing care to medically | 23 | | indigent patients
which is limited to care that does not |
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| 1 | | require the services of a
licensed hospital or ambulatory | 2 | | surgical treatment center and who receives
no fee or | 3 | | compensation from that source shall not be liable for civil
| 4 | | damages as a result of his or her acts or omissions in
| 5 | | providing that medical treatment, except for willful or wanton | 6 | | misconduct.
| 7 | | (b) For purposes of this Section, a "free medical clinic" | 8 | | is: | 9 | | (1) an
organized community based program providing | 10 | | medical care without
charge to individuals unable to pay | 11 | | for it, at which the
care provided does not include the use
| 12 | | of general anesthesia or require an overnight stay in a | 13 | | health-care facility; or
| 14 | | (2) a program organized by a certified local health | 15 | | department pursuant to Part 600 of Title 77 of the Illinois | 16 | | Administrative Code, utilizing health professional members | 17 | | of the Volunteer Medical Reserve Corps (the federal | 18 | | organization under 42 U.S.C. 300hh-15) providing medical | 19 | | care without charge to individuals unable to pay for it, at | 20 | | which the care provided does not include an overnight stay | 21 | | in a health-care facility. | 22 | | (c) The provisions of subsection (a) of this Section do not | 23 | | apply to a
particular case unless the free medical
clinic has | 24 | | posted in a conspicuous place on its premises an explanation of | 25 | | the
exemption from civil liability provided herein.
| 26 | | (d) The immunity from civil damages provided under |
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| 1 | | subsection (a) also
applies to physicians,
hospitals, and other | 2 | | health care providers that provide
further medical treatment, | 3 | | diagnosis, or advice to a patient upon referral from
an | 4 | | established free medical clinic without fee or compensation.
| 5 | | (e) Nothing in this Section prohibits a free medical clinic | 6 | | from accepting
voluntary contributions for medical services | 7 | | provided to a patient who has
acknowledged his or her ability | 8 | | and willingness to pay a portion of the value
of the medical | 9 | | services provided.
| 10 | | Any voluntary contribution collected for providing care at | 11 | | a free medical
clinic shall be used only to pay overhead | 12 | | expenses of operating the clinic. No
portion of any moneys | 13 | | collected shall be used to provide a fee or other
compensation | 14 | | to any person licensed under Medical Practice Act of 1987.
| 15 | | (f) The changes to this Section made by this amendatory Act | 16 | | of the 99th General Assembly apply only to causes of action | 17 | | accruing on or after the effective date of
this amendatory Act | 18 | | of the 99th General Assembly. The changes to this Section made | 19 | | by this amendatory Act of the 100th General Assembly apply only | 20 | | to causes of action accruing on or after the effective date of
| 21 | | this amendatory Act of the 100th General Assembly. | 22 | | (Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16 .)
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