State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

92_SB0494eng

 
SB494 Engrossed                               LRB9200942DJpcB

 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 for their care.  A  free  dental  clinic  may  receive
25    reimbursement  from  the Illinois Department of Public Aid or
26    may receive partial reimbursement from a patient  based  upon
27    ability  to  pay,  provided  any such reimbursements shall be
28    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
 
SB494 Engrossed             -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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