Full Text of HB0950 94th General Assembly
HB0950ham001 94TH GENERAL ASSEMBLY
|
Judiciary I - Civil Law Committee
Filed: 3/2/2005
|
|
09400HB0950ham001 |
|
LRB094 03688 LCB 42020 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 950
| 2 |
| AMENDMENT NO. ______. Amend House Bill 950 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Good Samaritan Act is amended by changing | 5 |
| Section 20 as follows:
| 6 |
| (745 ILCS 49/20)
| 7 |
| Sec. 20. Free dental clinic; exemption from civil
liability | 8 |
| for services
performed without compensation. Any person | 9 |
| licensed under the Illinois Dental
Practice Act to practice
| 10 |
| dentistry or to practice
as a dental hygienist who, in good | 11 |
| faith, provides dental treatment, dental
services, diagnoses, | 12 |
| or advice as part of the services of an established free
dental | 13 |
| clinic providing care to medically indigent
patients which is | 14 |
| limited to
care which does not require the services of a | 15 |
| licensed hospital or ambulatory
surgical treatment center, and | 16 |
| who receives no fee or compensation from that
source shall not, | 17 |
| as a result of any acts or omissions, except for willful or
| 18 |
| wanton misconduct on the part of the licensee, in providing | 19 |
| dental treatment,
dental services, diagnoses or advice, be | 20 |
| liable for civil damages. For purposes
of this Section, a "free | 21 |
| dental clinic" is an organized community or public
health based
| 22 |
| program
providing, without charge, dental care to
individuals | 23 |
| unable to pay for their
care. For purposes of this Section, an | 24 |
| "organized program" is a program sponsored by a community, |
|
|
|
09400HB0950ham001 |
- 2 - |
LRB094 03688 LCB 42020 a |
|
| 1 |
| public health, charitable, voluntary, or organized dental | 2 |
| organization. Free dental services provided under this Section | 3 |
| may be provided at a clinic or private dental office. A free | 4 |
| dental clinic may receive reimbursement from the Illinois
| 5 |
| Department
of Public Aid or may receive partial reimbursement | 6 |
| from a patient based upon
ability to pay, provided any such | 7 |
| reimbursements shall be used only to pay
overhead expenses of | 8 |
| operating the free dental clinic and may not be used, in
whole | 9 |
| or in part, to provide a fee , reimbursement, or other | 10 |
| compensation to any person licensed
under the Illinois Dental | 11 |
| Practice Act who is receiving an exemption under this
Section | 12 |
| or to any entity that the person owns or controls or in which | 13 |
| the person has an ownership interest or from which the person | 14 |
| receives a fee, reimbursement, or compensation of any kind . | 15 |
| Dental care shall not include the use of general anesthesia or | 16 |
| require an
overnight stay in a health care facility.
| 17 |
| The provisions of this Section shall not apply in any case | 18 |
| unless the
free dental clinic has posted in a conspicuous place | 19 |
| on
its premises an
explanation of the immunity from civil | 20 |
| liability provided in this Section.
| 21 |
| (Source: P.A. 92-92, eff. 1-1-02.)".
|
|