Rep. Rosemary Kurtz
Filed: 3/31/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 6235
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 6235 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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, a person
licensed to practice the treatment of human | ||||||
11 | ailments in any
other state or territory of the United States, | ||||||
12 | or a health care professional,
including but not limited to an | ||||||
13 | advanced practice nurse, physician
assistant, nurse, | ||||||
14 | pharmacist, physical therapist, podiatrist, or social worker
| ||||||
15 | licensed in this State or any other state or territory of the | ||||||
16 | United States,
who, in good faith, provides medical treatment,
| ||||||
17 | diagnosis, or advice as a part of the services of an
| ||||||
18 | established free medical clinic providing care to medically | ||||||
19 | indigent patients
which is limited to care that does not | ||||||
20 | require the services of a
licensed hospital or ambulatory | ||||||
21 | surgical treatment center and who receives
no fee or | ||||||
22 | compensation from that source shall not be liable for civil
| ||||||
23 | damages as a result of his or her acts or omissions in
| ||||||
24 | providing that medical treatment, except for willful or wanton |
| |||||||
| |||||||
1 | misconduct.
| ||||||
2 | (b) For purposes of this Section, a "free medical clinic" | ||||||
3 | is an
organized community based program providing medical care | ||||||
4 | without
charge to individuals unable to pay for it, at which | ||||||
5 | the
care provided does not include the use
of general | ||||||
6 | anesthesia or require an overnight stay in a health-care | ||||||
7 | facility.
| ||||||
8 | (c) The provisions of subsection (a) of this Section do not | ||||||
9 | apply to a
particular case unless the free medical
clinic has | ||||||
10 | posted in a conspicuous place on its premises an explanation of | ||||||
11 | the
exemption from civil liability provided herein.
| ||||||
12 | (d) The immunity from civil damages provided under | ||||||
13 | subsection (a) also
applies to physicians, hospitals, and other | ||||||
14 | health care providers that provide
further medical treatment, | ||||||
15 | diagnosis, or advice to a patient upon referral from
an | ||||||
16 | established free medical clinic without fee or compensation.
| ||||||
17 | (d-5) A free medical clinic may receive reimbursement from | ||||||
18 | the Illinois
Department of Public Aid or may receive partial | ||||||
19 | reimbursement from a patient
based
upon his or her ability to | ||||||
20 | pay, provided any reimbursements shall be used only to pay
| ||||||
21 | overhead expenses of operating the free medical clinic and may | ||||||
22 | not be used, in
whole or in
part, to provide a fee or other | ||||||
23 | compensation to any person licensed under the
Medical
Practice | ||||||
24 | Act of 1987 or any other health care professional
who is | ||||||
25 | receiving an exemption under this Section. Medical care shall
| ||||||
26 | not include
the use of general anesthesia or require an | ||||||
27 | overnight stay in a health care
facility.
| ||||||
28 | (e) Nothing in this Section prohibits a free medical clinic | ||||||
29 | from accepting
voluntary contributions for medical services | ||||||
30 | provided to a patient who has
acknowledged his or her ability | ||||||
31 | and willingness to pay a portion of the value
of the medical | ||||||
32 | services provided.
| ||||||
33 | Any voluntary contribution collected for providing care at | ||||||
34 | a free medical
clinic shall be used only to pay overhead |
| |||||||
| |||||||
1 | expenses of operating the clinic. No
portion of any moneys | ||||||
2 | collected shall be used to provide a fee or other
compensation | ||||||
3 | to any person licensed under Medical Practice Act of 1987.
| ||||||
4 | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)".
|