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| Public Act 099-0042 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Good Samaritan Act is amended by changing | ||||
Section 30 as follows:
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(745 ILCS 49/30)
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(Text of Section WITHOUT the changes made by P.A. 94-677, | ||||
which has been held
unconstitutional) | ||||
Sec. 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 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
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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
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damages as a result of his or her acts or omissions in
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providing that medical treatment, except for willful or wanton | ||
misconduct.
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(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
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of general anesthesia or require an overnight stay in a | ||
health-care facility; or .
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(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.
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(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.
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(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.
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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.
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(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. 98-214, eff. 8-9-13.)
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