Public Act 094-0083
HB0950 Enrolled LRB094 03688 LCB 33693 b

    AN ACT concerning liability.
    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. 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 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, 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.
    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. 92-92, eff. 1-1-02.)

Effective Date: 1/1/2006