Illinois General Assembly - Full Text of Public Act 099-0092
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Public Act 099-0092





Public Act 099-0092
SB0751 EnrolledLRB099 02678 HEP 22685 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Good Samaritan Act is amended by changing
Section 20 as follows:
    (745 ILCS 49/20)
    Sec. 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 program
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 Department 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. 94-83, eff. 1-1-06; 95-331, eff. 8-21-07.)

Effective Date: 1/1/2016