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| | SB0751 Engrossed | | LRB099 02678 HEP 22685 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Good Samaritan Act is amended by changing |
| 5 | | Section 20 as follows:
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| 6 | | (745 ILCS 49/20)
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| 7 | | Sec. 20. Free dental clinic; exemption from civil
liability |
| 8 | | for services
performed without compensation. |
| 9 | | (a) Any person licensed under the Illinois Dental
Practice |
| 10 | | Act to practice
dentistry or to practice
as a dental hygienist |
| 11 | | who, in good faith, provides dental treatment, dental
services, |
| 12 | | diagnoses, or advice as part of the services of an established |
| 13 | | free
dental clinic providing care to medically indigent
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| 14 | | patients which is limited to
care which does not require the |
| 15 | | services of a licensed hospital or ambulatory
surgical |
| 16 | | treatment center, and who receives no fee or compensation from |
| 17 | | that
source shall not, as a result of any acts or omissions, |
| 18 | | except for willful or
wanton misconduct on the part of the |
| 19 | | licensee, in providing dental treatment,
dental services, |
| 20 | | diagnoses or advice, be liable for civil damages. For purposes
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| 21 | | of this Section, a "free dental clinic" is an organized
program
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| 22 | | providing, without charge, dental care to
individuals unable to |
| 23 | | pay for their
care. For purposes of this Section, an "organized |
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| 1 | | program" is a program sponsored by a community, public health, |
| 2 | | charitable, voluntary, or organized dental organization. Free |
| 3 | | dental services provided under this Section may be provided at |
| 4 | | a clinic or private dental office. A free dental clinic may |
| 5 | | receive reimbursement from the
Department
of Healthcare and |
| 6 | | Family Services or may receive partial reimbursement from a |
| 7 | | patient based upon
ability to pay, provided any such |
| 8 | | reimbursements shall be used only to pay
overhead expenses of |
| 9 | | operating the free dental clinic and may not be used, in
whole |
| 10 | | or in part, to provide a fee, reimbursement, or other |
| 11 | | compensation to any person licensed
under the Illinois Dental |
| 12 | | Practice Act who is receiving an exemption under this
Section |
| 13 | | or to any entity that the person owns or controls or in which |
| 14 | | the person has an ownership interest or from which the person |
| 15 | | receives a fee, reimbursement, or compensation of any kind. |
| 16 | | Dental care shall not include the use of general anesthesia or |
| 17 | | require an
overnight stay in a health care facility.
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| 18 | | (b) A dentist who administers vaccinations as provided in |
| 19 | | Section 54.3 of the Illinois Dental Practice Act at a public |
| 20 | | health clinic operated pursuant to the Public Health District |
| 21 | | Act, without charge to the patient or the receipt of a fee or |
| 22 | | compensation from that clinic or for that service in any way, |
| 23 | | shall not be liable for civil damages as a result of his or her |
| 24 | | acts or omissions in providing vaccinations, except for willful |
| 25 | | or wanton misconduct. |
| 26 | | (c) The provisions of this Section shall not apply in any |
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| 1 | | case unless the
free dental clinic or public health clinic has |
| 2 | | posted in a conspicuous place on
its premises an
explanation of |
| 3 | | the immunity from civil liability provided in this Section.
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| 4 | | (d) The changes to this Section made by this amendatory Act |
| 5 | | of the 99th General Assembly apply only to causes of action |
| 6 | | accruing on or after the effective date of
this amendatory Act |
| 7 | | of the 99th General Assembly. |
| 8 | | (Source: P.A. 94-83, eff. 1-1-06; 95-331, eff. 8-21-07.)
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