State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_SB0587eng

      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
SB587 Engrossed                                 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. Optometrists; 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
SB587 Engrossed             -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.

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