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92nd General Assembly

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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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