(745 ILCS 49/20)
Free dental clinic; exemption from civil
liability for services
performed without compensation.
(a) Any person licensed under the Illinois Dental
Practice Act to practice
dentistry or to practice
as a dental hygienist who, in good faith, provides dental treatment, dental
services, diagnoses, or advice as part of the services of an established free
dental clinic providing care to medically indigent
patients which is limited to
care which 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, as a result of any acts or omissions, except for willful or
wanton misconduct on the part of the licensee, in providing dental treatment,
dental services, diagnoses or advice, be liable for civil damages. For purposes
of this Section, a "free dental clinic" is an organized
providing, without charge, dental care to
individuals unable to pay for their
care. For purposes of this Section, an "organized program" is a program sponsored by a community, public health, charitable, voluntary, or organized dental organization. Free dental services provided under this Section may be provided at a clinic or private dental office. A free dental clinic may receive reimbursement from the
of Healthcare and Family Services or may receive partial reimbursement from a patient based upon
ability to pay, provided any such reimbursements shall be used only to pay
overhead expenses of operating the free dental clinic and may not be used, in
whole or in part, to provide a fee, reimbursement, or other compensation to any person licensed
under the Illinois Dental Practice Act who is receiving an exemption under this
Section or to any entity that the person owns or controls or in which the person has an ownership interest or from which the person receives a fee, reimbursement, or compensation of any kind. Dental care shall not include the use of general anesthesia or require an
overnight stay in a health care facility.
(b) A dentist who administers vaccinations as provided in Section 54.3 of the Illinois Dental Practice Act at a public health clinic operated pursuant to the Public Health District Act, without charge to the patient or the receipt of a fee or compensation from that clinic or for that service in any way, shall not be liable for civil damages as a result of his or her acts or omissions in providing vaccinations, except for willful or wanton misconduct.
(c) The provisions of this Section shall not apply in any case unless the
free dental clinic or public health clinic has posted in a conspicuous place on
its premises an
explanation of the immunity from civil liability provided in this Section.
(d) 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. 99-92, eff. 1-1-16