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90_SB0587
745 ILCS 49/42 new
745 ILCS 49/42.5 new
Amends the Good Samaritan Act. Provides that an
optometrist who provides emergency care without fee to a
victim at the scene of an accident shall not be liable for
civil damages. Provides that a person licensed under the
Optometric Practice Act who provides certain services at a
free optometric clinic shall not be liable for civil damages.
LRB900078NTcw
LRB900078NTcw
1 AN ACT to amend the Good Samaritan Act by adding Sections
2 42 and 42.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Good Samaritan Act is amended by adding
6 Section 42 and 42.5 as follows:
7 (745 ILCS 49/42 new)
8 Sec. 42. Optometrist exemption from civil liability for
9 emergency care. Any optometrist or any person licensed as a
10 optometrist in any other state or territory of the United
11 States who in good faith provides emergency care without fee
12 to a victim of an accident at the scene of an accident shall
13 not, as a result of his or her acts or omissions, except
14 willful or wanton misconduct on the part of the person, in
15 providing the care, be liable for civil damages.
16 (745 ILCS 49/42.5 new)
17 Sec 42.5. Free optometric clinic; exemption from civil
18 liability for services performed without compensation. Any
19 person licensed under the Illinois Otometric Practice Act to
20 practice optometry who, in good faith, provides optometric
21 treatment, optometric services, diagnoses, or advice as part
22 of the services of an established free optometric clinic
23 providing care to medically indigent patients which is
24 limited to care which does not require the services of a
25 licensed hospital or ambulatory surgical treatment center,
26 and who receives no fee or compensation from that source
27 shall not, as a result of any acts or omissions, except for
28 willful or wanton misconduct on the part of the licensee, in
29 providing optometric treatment, optometric services,
30 diagnoses or advice, be liable for civil damages. For
-2- LRB900078NTcw
1 purposes of this Section, a "free optometric clinic" is an
2 organized community based program providing, without charge,
3 optometric care to individuals unable to pay for their care.
4 The provisions of this Section shall not apply in any
5 case unless the free optometric clinic has posted in a
6 conspicuous place on its premises an explanation of the
7 immunity from civil liability provided in this Section.