SB1498 EngrossedLRB099 03545 HEP 29206 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Good Samaritan Act is amended by changing
5Section 30 as follows:
6    (745 ILCS 49/30)
7    (Text of Section WITHOUT the changes made by P.A. 94-677,
8which has been held unconstitutional)
9    Sec. 30. Free medical clinic; exemption from civil
10liability for services performed without compensation.
11    (a) A person licensed under the Medical Practice Act of
121987, a person licensed to practice the treatment of human
13ailments in any other state or territory of the United States,
14or a health care professional, including but not limited to an
15advanced practice nurse, physician assistant, nurse,
16pharmacist, physical therapist, podiatric physician, or social
17worker licensed in this State or any other state or territory
18of the United States, who, in good faith, provides medical
19treatment, diagnosis, or advice as a part of the services of an
20established free medical clinic providing care to medically
21indigent patients which is limited to care that does not
22require the services of a licensed hospital or ambulatory
23surgical treatment center and who receives no fee or



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1compensation from that source shall not be liable for civil
2damages as a result of his or her acts or omissions in
3providing that medical treatment, except for willful or wanton
5    (b) For purposes of this Section, a "free medical clinic"
7        (1) an organized community based program providing
8    medical care without charge to individuals unable to pay
9    for it, at which the care provided does not include the use
10    of general anesthesia or require an overnight stay in a
11    health-care facility; or .
12        (2) a program organized by a certified local health
13    department pursuant to Part 600 of Title 77 of the Illinois
14    Administrative Code, utilizing health professional members
15    of the Volunteer Medical Reserve Corps (the federal
16    organization under 42 U.S.C. 300hh-15) providing medical
17    care without charge to individuals unable to pay for it, at
18    which the care provided does not include an overnight stay
19    in a health-care facility.
20    (c) The provisions of subsection (a) of this Section do not
21apply to a particular case unless the free medical clinic has
22posted in a conspicuous place on its premises an explanation of
23the exemption from civil liability provided herein.
24    (d) The immunity from civil damages provided under
25subsection (a) also applies to physicians, hospitals, and other
26health care providers that provide further medical treatment,



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1diagnosis, or advice to a patient upon referral from an
2established free medical clinic without fee or compensation.
3    (e) Nothing in this Section prohibits a free medical clinic
4from accepting voluntary contributions for medical services
5provided to a patient who has acknowledged his or her ability
6and willingness to pay a portion of the value of the medical
7services provided.
8    Any voluntary contribution collected for providing care at
9a free medical clinic shall be used only to pay overhead
10expenses of operating the clinic. No portion of any moneys
11collected shall be used to provide a fee or other compensation
12to any person licensed under Medical Practice Act of 1987.
13    (f) The changes to this Section made by this amendatory Act
14of the 99th General Assembly apply only to causes of action
15accruing on or after the effective date of this amendatory Act
16of the 99th General Assembly.
17(Source: P.A. 98-214, eff. 8-9-13.)