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Public Act 92-0092
SB494 Enrolled LRB9200942DJpcB
AN ACT in relation to civil immunities.
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. 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 community or public health based program
providing, without charge, dental care to individuals unable
to pay for their care. A free dental clinic may receive
reimbursement from the Illinois Department of Public Aid 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 or other compensation to any person licensed
under the Illinois Dental Practice Act who is receiving an
exemption under this Section. Dental This care shall not
include the use of general anesthesia or require an overnight
stay in a health care facility.
The provisions of this Section shall not apply in any
case unless the free dental clinic has posted in a
conspicuous place on its premises an explanation of the
immunity from civil liability provided in this Section.
(Source: P.A. 89-607, eff. 1-1-97.)
Passed in the General Assembly April 26, 2001.
Approved July 18, 2001.
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