Full Text of SB2212 095th General Assembly
SB2212 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2212
Introduced 2/14/2008, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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Amends the Good Samaritan Act. In a Section requiring a free medical clinic to post an explanation of its exemption from civil liability for that exemption to apply, as an alternative to this posting, provides that the clinic may provide an explanation of the exemption in writing to each person who is enrolled as a patient or member of that free medical clinic or, in the case of a minor patient or member, to the parent or guardian of that minor. Provides that a free medical clinic may receive reimbursement from other local governmental or community organizations (at present, Illinois Department of Healthcare and Family Services). Effective immediately.
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A BILL FOR
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SB2212 |
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LRB095 18125 AJO 44208 b |
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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 | 5 |
| Section 30 as follows:
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| (745 ILCS 49/30)
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| 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, retired physician, physician
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| assistant, nurse, pharmacist, physical therapist, podiatrist, | 15 |
| or social worker
licensed in this State or any other state or | 16 |
| territory of the United States,
who, in good faith, provides | 17 |
| medical treatment,
diagnosis, or advice as a part of the | 18 |
| services of an
established free medical clinic providing care, | 19 |
| including but not limited to home visits, without charge to | 20 |
| patients
which is limited to care that does not require the | 21 |
| services of a
licensed hospital or ambulatory surgical | 22 |
| treatment center and who receives
no fee or compensation from | 23 |
| that source shall not be liable for civil
damages as a result |
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SB2212 |
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LRB095 18125 AJO 44208 b |
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| of his or her acts or omissions in
providing that medical | 2 |
| treatment, except for willful or wanton misconduct.
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| (b) For purposes of this Section, a "free medical clinic" | 4 |
| is an
organized community based program providing medical care | 5 |
| without
charge to individuals, at which the
care provided does | 6 |
| 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 | 8 |
| apply to a
particular case unless the free medical
clinic has | 9 |
| posted in a conspicuous place on its premises an explanation of | 10 |
| the
exemption from civil liability provided herein , or | 11 |
| communicated an explanation of the exemption from civil | 12 |
| liability provided herein in writing to each person who is | 13 |
| enrolled as a patient or member of that free medical clinic or, | 14 |
| in the case of a minor patient or member, to the parent or | 15 |
| guardian of that minor .
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| (d) The immunity from civil damages provided under | 17 |
| subsection (a) also
applies to physicians, retired physicians,
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| hospitals, and other health care providers that provide
further | 19 |
| medical treatment, diagnosis, or advice, including but not | 20 |
| limited to hospitalization, office visits, and home visits, to | 21 |
| a patient upon referral from
an established free medical clinic | 22 |
| without fee or compensation.
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| (d-5) A free medical clinic may receive reimbursement from | 24 |
| the Illinois
Department of Healthcare and Family Services or | 25 |
| contributions from local governmental units or community | 26 |
| organizations Public Aid , provided any reimbursements shall be |
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SB2212 |
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LRB095 18125 AJO 44208 b |
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| used only to pay
overhead expenses of operating the free | 2 |
| medical clinic and may not be used, in
whole or in
part, to | 3 |
| provide a fee or other compensation to any person licensed | 4 |
| under the
Medical
Practice Act of 1987 or any other health care | 5 |
| professional
who is receiving an exemption under this Section. | 6 |
| Any health care professional receiving an exemption under this | 7 |
| Section may not receive any fee or other compensation in | 8 |
| connection with any services provided to, or any ownership | 9 |
| interest in, the clinic. Medical care shall
not include
an | 10 |
| overnight stay in a health care
facility. | 11 |
| (e) Nothing in this Section prohibits a free medical clinic | 12 |
| from accepting
voluntary contributions for medical services | 13 |
| provided to a patient who has
acknowledged his or her ability | 14 |
| and willingness to pay a portion of the value
of the medical | 15 |
| services provided.
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| (f) Any voluntary contribution collected for providing | 17 |
| care at a free medical
clinic shall be used only to pay | 18 |
| overhead expenses of operating the clinic. No
portion of any | 19 |
| moneys collected shall be used to provide a fee or other
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| compensation to any person licensed under Medical Practice Act | 21 |
| of 1987.
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| (g) The changes to this Section made by this amendatory Act | 23 |
| of the 94th General Assembly apply to causes of action
accruing | 24 |
| on or after its effective date.
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| (Source: P.A. 94-677, eff. 8-25-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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