93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4795


 
Introduced 02/04/04, by Carolyn H. Krause
 
SYNOPSIS AS INTRODUCED:
 		














745 ILCS 49/30









    Amends the Good Samaritan Act.  Makes a technical change in a Section concerning free medical clinics.



















LRB093 18298 LCB 44003 b




















 


 


A BILL FOR









 














HB4795

LRB093 18298 LCB 44003 b









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    AN ACT concerning civil liability.

 
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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 
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Section 30 as follows:
 



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    (745 ILCS 49/30)



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    Sec. 30. Free medical clinic; exemption from civil 
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liability for services
performed without compensation.
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    (a) A person licensed under the Medical Practice Act of 
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1987, a person
licensed to practice the treatment of human 
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ailments in any
other state or territory of the United States, 
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or a health care professional,
including but not limited to an 
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advanced practice nurse, physician
assistant, nurse, 
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pharmacist, physical therapist, podiatrist, or social worker

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licensed in Illinois
this State or any other state or territory 
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of the United States,
who, in good faith, provides medical 
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treatment,
diagnosis, or advice as a part of the services of an

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established free medical clinic providing care to medically 
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indigent patients
which is limited to care that does not 
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require the services of a
licensed hospital or ambulatory 
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surgical treatment center and who receives
no fee or 
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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 
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misconduct.

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    (b) For purposes of this Section, a "free medical clinic" 
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is an
organized community based program providing medical care 
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without
charge to individuals unable to pay for it, at which 
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the
care provided does not include the use
of general 
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anesthesia or require an overnight stay in a health-care 
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facility.

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    (c) The provisions of subsection (a) of this Section do not 
 


 









HB4795
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apply to a
particular case unless the free medical
clinic has 
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posted in a conspicuous place on its premises an explanation of 
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the
exemption from civil liability provided herein.

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    (d) The immunity from civil damages provided under 
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subsection (a) also
applies to physicians, hospitals, and other 
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health care providers that provide
further medical treatment, 
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diagnosis, or advice to a patient upon referral from
an 
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established free medical clinic without fee or compensation.

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    (e) Nothing in this Section prohibits a free medical clinic 
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from accepting
voluntary contributions for medical services 
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provided to a patient who has
acknowledged his or her ability 
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and willingness to pay a portion of the value
of the medical 
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services provided.

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    Any voluntary contribution collected for providing care at 
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a free medical
clinic shall be used only to pay overhead 
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expenses of operating the clinic.  No
portion of any moneys 
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collected shall be used to provide a fee or other
compensation 
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to any person licensed under Medical Practice Act of 1987.

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(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)