Public Act 099-0042
 
SB1498 EnrolledLRB099 03545 HEP 29206 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Good Samaritan Act is amended by changing
Section 30 as follows:
 
    (745 ILCS 49/30)
    (Text of Section WITHOUT the changes made by P.A. 94-677,
which has been held unconstitutional)
    Sec. 30. Free medical clinic; exemption from civil
liability for services performed without compensation.
    (a) A person licensed under the Medical Practice Act of
1987, a person licensed to practice the treatment of human
ailments in any other state or territory of the United States,
or a health care professional, including but not limited to an
advanced practice nurse, physician assistant, nurse,
pharmacist, physical therapist, podiatric physician, or social
worker licensed in this State or any other state or territory
of the United States, who, in good faith, provides medical
treatment, diagnosis, or advice as a part of the services of an
established free medical clinic providing care to medically
indigent patients which is limited to care that does not
require the services of a licensed hospital or ambulatory
surgical treatment center and who receives no fee or
compensation from that source shall not be liable for civil
damages as a result of his or her acts or omissions in
providing that medical treatment, except for willful or wanton
misconduct.
    (b) For purposes of this Section, a "free medical clinic"
is:
        (1) an organized community based program providing
    medical care without charge to individuals unable to pay
    for it, at which the care provided does not include the use
    of general anesthesia or require an overnight stay in a
    health-care facility; or .
        (2) a program organized by a certified local health
    department pursuant to Part 600 of Title 77 of the Illinois
    Administrative Code, utilizing health professional members
    of the Volunteer Medical Reserve Corps (the federal
    organization under 42 U.S.C. 300hh-15) providing medical
    care without charge to individuals unable to pay for it, at
    which the care provided does not include an overnight stay
    in a health-care facility.
    (c) The provisions of subsection (a) of this Section do not
apply to a particular case unless the free medical clinic has
posted in a conspicuous place on its premises an explanation of
the exemption from civil liability provided herein.
    (d) The immunity from civil damages provided under
subsection (a) also applies to physicians, hospitals, and other
health care providers that provide further medical treatment,
diagnosis, or advice to a patient upon referral from an
established free medical clinic without fee or compensation.
    (e) Nothing in this Section prohibits a free medical clinic
from accepting voluntary contributions for medical services
provided to a patient who has acknowledged his or her ability
and willingness to pay a portion of the value of the medical
services provided.
    Any voluntary contribution collected for providing care at
a free medical clinic shall be used only to pay overhead
expenses of operating the clinic. No portion of any moneys
collected shall be used to provide a fee or other compensation
to any person licensed under Medical Practice Act of 1987.
    (f) The changes to this Section made by this amendatory Act
of the 99th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 99th General Assembly.
(Source: P.A. 98-214, eff. 8-9-13.)

Effective Date: 1/1/2016