Illinois Compiled Statutes
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745 ILCS 49/30
(745 ILCS 49/30)
Free medical clinic; exemption from civil liability for services
performed without compensation.
(a) A person licensed under the Medical Practice Act of 1987, a person
licensed to practice the treatment of human ailments in any
other state or territory of the United States, or a health care professional,
including but not limited to an advanced practice registered nurse, physician
assistant, nurse, pharmacist, physical therapist, podiatric physician, or social worker
licensed in this State or any other state or territory of the United States,
who, in good faith, provides medical treatment,
diagnosis, or advice as a part of the services of an
established free medical clinic providing care to medically indigent patients
which is limited to care that does not require the services of a
licensed hospital or ambulatory surgical treatment center and who receives
no fee or compensation from that source shall not be liable for civil
damages as a result of his or her acts or omissions in
providing that medical treatment, except for willful or wanton misconduct.
(b) For purposes of this Section, a "free medical clinic" is:
(1) an organized community based program providing
medical care without charge to individuals unable to pay for it, at which the care provided does not include the use of general anesthesia or require an overnight stay in a health-care facility; or
(2) a program organized by a certified local health
department pursuant to Part 600 of Title 77 of the Illinois Administrative Code, utilizing health professional members of the Volunteer Medical Reserve Corps (the federal organization under 42 U.S.C. 300hh-15) providing medical care without charge to individuals unable to pay for it, at which the care provided does not include an overnight stay in a health-care facility.
(c) The provisions of subsection (a) of this Section do not apply to a
particular case unless the free medical
clinic has posted in a conspicuous place on its premises an explanation of the
exemption from civil liability provided herein.
(d) The immunity from civil damages provided under subsection (a) also
applies to physicians,
hospitals, and other health care providers that provide
further medical treatment, diagnosis, or advice to a patient upon referral from
an established free medical clinic without fee or compensation.
(e) Nothing in this Section prohibits a free medical clinic from accepting
voluntary contributions for medical services provided to a patient who has
acknowledged his or her ability and willingness to pay a portion of the value
of the medical services provided.
Any voluntary contribution collected for providing care at a free medical
clinic shall be used only to pay overhead expenses of operating the clinic. No
portion of any moneys collected shall be used to provide a fee or other
compensation to any person licensed under Medical Practice Act of 1987.
(f) The changes to this Section made by this amendatory Act of the 99th General Assembly apply only to causes of action accruing on or after the effective date of
this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-42, eff. 1-1-16; 100-513, eff. 1-1-18