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| Public Act 099-0092 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Good Samaritan Act is amended by changing | ||||
Section 20 as follows:
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(745 ILCS 49/20)
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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
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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
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of this Section, a "free dental clinic" is an organized
program
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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.
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(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.
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(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.)
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