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90_SB0782
745 ILCS 49/30
Amends the Good Samaritan Act. Makes a technical change
to certain provisions concerning midwives.
LRB9003336LDdv
LRB9003336LDdv
1 AN ACT in relation to midwives.
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 person licensed under the Medical Practice Act of
10 1987 or licensed to practice the treatment of human ailments
11 in any other state or territory of the United States, except
12 a person licensed to practice as a midwife midwifery, who, in
13 good faith, provides medical treatment, diagnosis, or advice
14 as a part of the services of an established free medical
15 clinic providing care to medically indigent patients which is
16 limited to care that does not require the services of a
17 licensed hospital or ambulatory surgical treatment center and
18 who receives no fee or compensation from that source shall
19 not be liable for civil damages as a result of his or her
20 acts or omissions in providing that medical treatment, except
21 for willful or wanton misconduct.
22 (b) For purposes of this Section, a "free medical
23 clinic" is an organized community based program providing
24 medical care without charge to individuals unable to pay for
25 it, at which the care provided does not include the use of
26 general anesthesia or require an overnight stay in a
27 health-care facility.
28 (c) The provisions of subsection (a) of this Section do
29 not apply to a particular case unless the free medical clinic
30 has posted in a conspicuous place on its premises an
31 explanation of the exemption from civil liability provided
-2- LRB9003336LDdv
1 herein.
2 (d) The immunity from civil damages provided under
3 subsection (a) also applies to physicians, hospitals, and
4 other health care providers that provide further medical
5 treatment, diagnosis, or advice to a patient upon referral
6 from an established free medical clinic without fee or
7 compensation.
8 (e) Nothing in this Section prohibits a free medical
9 clinic from accepting voluntary contributions for medical
10 services provided to a patient who has acknowledged his or
11 her ability and willingness to pay a portion of the value of
12 the medical services provided.
13 Any voluntary contribution collected for providing care
14 at a free medical clinic shall be used only to pay overhead
15 expenses of operating the clinic. No portion of any moneys
16 collected shall be used to provide a fee or other
17 compensation to any person licensed under Medical Practice
18 Act of 1987.
19 (Source: P.A. 89-607, eff. 1-1-97.)