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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 20 as follows:
6    (745 ILCS 49/20)
7    Sec. 20. Free dental clinic; exemption from civil liability
8for services performed without compensation.
9    (a) Any person licensed under the Illinois Dental Practice
10Act to practice dentistry or to practice as a dental hygienist
11who, in good faith, provides dental treatment, dental services,
12diagnoses, or advice as part of the services of an established
13free dental clinic providing care to medically indigent
14patients which is limited to care which does not require the
15services of a licensed hospital or ambulatory surgical
16treatment center, and who receives no fee or compensation from
17that source shall not, as a result of any acts or omissions,
18except for willful or wanton misconduct on the part of the
19licensee, in providing dental treatment, dental services,
20diagnoses or advice, be liable for civil damages. For purposes
21of this Section, a "free dental clinic" is an organized program
22providing, without charge, dental care to individuals unable to
23pay for their care. For purposes of this Section, an "organized



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1program" is a program sponsored by a community, public health,
2charitable, voluntary, or organized dental organization. Free
3dental services provided under this Section may be provided at
4a clinic or private dental office. A free dental clinic may
5receive reimbursement from the Department of Healthcare and
6Family Services or may receive partial reimbursement from a
7patient based upon ability to pay, provided any such
8reimbursements shall be used only to pay overhead expenses of
9operating the free dental clinic and may not be used, in whole
10or in part, to provide a fee, reimbursement, or other
11compensation to any person licensed under the Illinois Dental
12Practice Act who is receiving an exemption under this Section
13or to any entity that the person owns or controls or in which
14the person has an ownership interest or from which the person
15receives a fee, reimbursement, or compensation of any kind.
16Dental care shall not include the use of general anesthesia or
17require an overnight stay in a health care facility.
18    (b) A dentist who administers vaccinations as provided in
19Section 54.3 of the Illinois Dental Practice Act at a public
20health clinic operated pursuant to the Public Health District
21Act, without charge to the patient or the receipt of a fee or
22compensation from that clinic or for that service in any way,
23shall not be liable for civil damages as a result of his or her
24acts or omissions in providing vaccinations, except for willful
25or wanton misconduct.
26    (c) The provisions of this Section shall not apply in any



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1case unless the free dental clinic or public health clinic has
2posted in a conspicuous place on its premises an explanation of
3the immunity from civil liability provided in this Section.
4    (d) The changes to this Section made by this amendatory Act
5of the 99th General Assembly apply only to causes of action
6accruing on or after the effective date of this amendatory Act
7of the 99th General Assembly.
8(Source: P.A. 94-83, eff. 1-1-06; 95-331, eff. 8-21-07.)