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Sen. John J. Cullerton
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2616
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| AMENDMENT NO. ______. Amend Senate Bill 2616 by replacing |
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| everything after the enacting clause with the following:
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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
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, retired physician, physician
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| assistant, nurse, pharmacist, physical therapist, podiatrist, |
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| or social worker
licensed in this State or any other state or |
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| territory of the United States,
who, in good faith, provides |
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| medical treatment,
diagnosis, or advice as a part of the |
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| services of an
established free medical clinic providing care, |
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| including but not limited to home visits, without charge to |
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| patients
which is limited to care that does not require the |
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| services of a
licensed hospital or ambulatory surgical |
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| treatment center and who receives
no fee or compensation from |
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| that source shall not be liable for civil
damages as a result |
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| of his or her acts or omissions in
providing that medical |
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LRB094 18609 AJO 55970 a |
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| treatment, except for willful or wanton 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, at which the
care provided does |
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| not include an overnight stay in a health-care facility.
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| (c) The provisions of subsection (a) of this Section do not |
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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, retired physicians,
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| hospitals, and other health care providers that provide
further |
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| medical treatment, diagnosis, or advice, including but not |
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| limited to hospitalization, office visits, and home visits, to |
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| a patient upon referral from
an established free medical clinic |
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| without fee or compensation.
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| (d-5) A free medical clinic may receive reimbursement from |
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| the Illinois
Department of Public Aid, provided any |
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| reimbursements shall be used only to pay
overhead expenses of |
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| operating the free medical clinic and may not be used, in
whole |
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| or in
part, to provide a fee or other compensation to any |
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| person licensed under the
Medical
Practice Act of 1987 or any |
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| other health care professional
who is receiving an exemption |
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| under this Section. Any health care professional receiving an |
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| exemption under this Section may not receive any fee or other |
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| compensation in connection with any services provided to, or |
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| any ownership interest in, the clinic. Medical care shall
not |
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| include
an overnight stay in a health care
facility. |
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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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| (f) Any voluntary contribution collected for providing |
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LRB094 18609 AJO 55970 a |
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| care at a free medical
clinic shall be used only to pay |
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| overhead expenses of operating the clinic. No
portion of any |
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| moneys collected shall be used to provide a fee or other
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| compensation to any person licensed under Medical Practice Act |
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| of 1987.
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| (g) The changes to this Section made by this amendatory Act |
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| of the 94th General Assembly apply to causes of action
accruing |
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| on or after its effective date.
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| (Source: P.A. 94-677, eff. 8-25-05.)".
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