State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 1        AN ACT in relation to civil immunities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Good Samaritan Act is amended by changing
 5    Section 20 as follows:

 6        (745 ILCS 49/20)
 7        Sec.  20.  Free  dental  clinic;  exemption  from   civil
 8    liability  for  services performed without compensation.  Any
 9    person licensed under the Illinois  Dental  Practice  Act  to
10    practice  dentistry or to practice as a dental hygienist who,
11    in good faith, provides dental  treatment,  dental  services,
12    diagnoses,   or   advice  as  part  of  the  services  of  an
13    established free dental clinic providing  care  to  medically
14    indigent  patients  which  is  limited to care which does not
15    require the services of a  licensed  hospital  or  ambulatory
16    surgical  treatment  center,  and  who  receives  no  fee  or
17    compensation  from  that source shall not, as a result of any
18    acts or omissions, except for willful or wanton misconduct on
19    the part of the  licensee,  in  providing  dental  treatment,
20    dental  services,  diagnoses  or  advice, be liable for civil
21    damages. For purposes of this Section, a "free dental clinic"
22    is an organized community  or  public  health  based  program
23    providing,  without charge, dental care to individuals unable
24    to pay fully for  their  care.   A  free  dental  clinic  may
25    receive  reimbursement from the Illinois Department of Public
26    Aid or may receive partial reimbursement from a patient based
27    upon ability to pay, provided any such  reimbursements  shall
28    be  used  only to pay overhead expenses of operating the free
29    dental clinic and may not be used, in whole or  in  part,  to
30    provide  a  fee  or other compensation to any person licensed
31    under the Illinois Dental Practice Act who  is  receiving  an
                            -2-               LRB9200942DJpcB
 1    exemption  under  this  Section.   Dental This care shall not
 2    include the use of general anesthesia or require an overnight
 3    stay in a health care facility.
 4        The provisions of this Section shall  not  apply  in  any
 5    case   unless   the  free  dental  clinic  has  posted  in  a
 6    conspicuous place on  its  premises  an  explanation  of  the
 7    immunity from civil liability provided in this Section.
 8    (Source: P.A. 89-607, eff. 1-1-97.)

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