HB0950 Engrossed

LRB094 03688 LCB 33693 b






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    AN ACT concerning liability.

 
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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 
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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 
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for services
performed without compensation.  Any person 
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licensed under the Illinois Dental
Practice Act to practice

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dentistry or to practice
as a dental hygienist who, in good 
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faith, provides dental treatment, dental
services, diagnoses, 
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or advice as part of the services of an established free
dental 
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clinic providing care to medically indigent
patients which is 
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limited to
care which does not require the services of a 
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licensed hospital or ambulatory
surgical treatment center, and 
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who receives no fee or compensation from that
source shall not, 
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as a result of any acts or omissions, except for willful or

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wanton misconduct on the part of the licensee, in providing 
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dental treatment,
dental services, diagnoses or advice, be 
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liable for civil damages. For purposes
of this Section, a "free 
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dental clinic" is an organized community or public
health based

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program
providing, without charge, dental care to
individuals 
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unable to pay for their
care.  For purposes of this Section, an 
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"organized program" is a program sponsored by a community, 
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public health, charitable, voluntary, or organized dental 
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organization. Free dental services provided under this Section 
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may be provided at a clinic or private dental office. A free 
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dental clinic may receive reimbursement from the Illinois

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Department
of Public Aid or may receive partial reimbursement 
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from a patient based upon
ability to pay, provided any such 
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reimbursements shall be used only to pay
overhead expenses of 
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operating the free dental clinic and may not be used, in
whole 
 


 






HB0950 Engrossed
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LRB094 03688 LCB 33693 b




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or in part, to provide a fee, reimbursement, or other 
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compensation to any person licensed
under the Illinois Dental 
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Practice Act who is receiving an exemption under this
Section  
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or to any entity that the person owns or controls or in which 
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the person has an ownership interest or from which the person 
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receives a fee, reimbursement, or compensation of any kind.  
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Dental care shall not include the use of general anesthesia or 
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require an
overnight stay in a health care facility.

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    The provisions of this Section shall not apply in any case 
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unless the
free dental clinic has posted in a conspicuous place 
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on
its premises an
explanation of the immunity from civil 
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liability provided in this Section.

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(Source: P.A. 92-92, eff. 1-1-02.)