Full Text of SB1759 98th General Assembly
SB1759 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1759 Introduced 2/15/2013, by Sen. Michael Noland SYNOPSIS AS INTRODUCED: |
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Amends the Good Samaritan Act. To the definition of "free medical clinic", adds programs organized by a municipality, local health department, or local health jurisdiction under a program organized by a local health department under administrative rules utilizing credentialed members of the Medical Reserve Corps at which the care provided does not include an overnight stay in a health-care facility.
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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 | | (Text of Section WITHOUT the changes made by P.A. 94-677, | 8 | | which has been held
unconstitutional) | 9 | | Sec. 30. Free medical clinic; exemption from civil | 10 | | liability for services
performed without compensation. | 11 | | (a) A person licensed under the Medical Practice Act of | 12 | | 1987, a person
licensed to practice the treatment of human | 13 | | ailments in any
other state or territory of the United States, | 14 | | or a health care professional,
including but not limited to an | 15 | | advanced practice nurse, physician
assistant, nurse, | 16 | | pharmacist, physical therapist, podiatrist, or social worker
| 17 | | licensed in this State or any other state or territory of the | 18 | | United States,
who, in good faith, provides medical treatment,
| 19 | | diagnosis, or advice as a part of the services of an
| 20 | | established free medical clinic providing care to medically | 21 | | indigent patients
which is limited to care that does not | 22 | | require the services of a
licensed hospital or ambulatory | 23 | | surgical treatment center and who receives
no fee or |
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| 1 | | compensation from that source shall not be liable for civil
| 2 | | damages as a result of his or her acts or omissions in
| 3 | | providing that medical treatment, except for willful or wanton | 4 | | misconduct.
| 5 | | (b) For purposes of this Section, a "free medical clinic" | 6 | | is : | 7 | | (1) an
organized community based program providing | 8 | | medical care without
charge to individuals unable to pay | 9 | | for it, at which the
care provided does not include the use
| 10 | | of general anesthesia or require an overnight stay in a | 11 | | health-care facility ; or .
| 12 | | (2) a program organized by a municipality, local health | 13 | | department, or local health jurisdiction under a program | 14 | | organized by a local health department under 77 Ill. Adm. | 15 | | Code 615 utilizing credentialed members of the Medical | 16 | | Reserve Corps at which the care provided does not include | 17 | | an overnight stay in a health-care facility. | 18 | | (c) The provisions of subsection (a) of this Section do not | 19 | | apply to a
particular case unless the free medical
clinic has | 20 | | posted in a conspicuous place on its premises an explanation of | 21 | | the
exemption from civil liability provided herein.
| 22 | | (d) The immunity from civil damages provided under | 23 | | subsection (a) also
applies to physicians,
hospitals, and other | 24 | | health care providers that provide
further medical treatment, | 25 | | diagnosis, or advice to a patient upon referral from
an | 26 | | established free medical clinic without fee or compensation.
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| 1 | | (e) Nothing in this Section prohibits a free medical clinic | 2 | | from accepting
voluntary contributions for medical services | 3 | | provided to a patient who has
acknowledged his or her ability | 4 | | and willingness to pay a portion of the value
of the medical | 5 | | services provided.
| 6 | | Any voluntary contribution collected for providing care at | 7 | | a free medical
clinic shall be used only to pay overhead | 8 | | expenses of operating the clinic. No
portion of any moneys | 9 | | collected shall be used to provide a fee or other
compensation | 10 | | to any person licensed under Medical Practice Act of 1987.
| 11 | | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
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