Full Text of HB5059 103rd General Assembly
HB5059ham001 103RD GENERAL ASSEMBLY | Rep. Theresa Mah Filed: 3/27/2024 | | 10300HB5059ham001 | | LRB103 36284 RTM 71212 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5059
| 2 | | AMENDMENT NO. ______. Amend House Bill 5059 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Sections 11 and 16 as follows: | 6 | | (225 ILCS 25/11) (from Ch. 111, par. 2311) | 7 | | (Section scheduled to be repealed on January 1, 2026) | 8 | | Sec. 11. Types of dental licenses. The Department shall | 9 | | have the authority to issue the following types of licenses , | 10 | | to excuse the payment of fees for inactive status, to deliver | 11 | | certificates of identification, and to extend pre-license | 12 | | practice allowances as follows : | 13 | | (a) General licenses. The Department shall issue a license | 14 | | authorizing practice as a dentist to any person who qualifies | 15 | | for a license under this Act. | 16 | | (b) Specialty licenses. The Department shall issue a |
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| 1 | | license authorizing practice as a specialist in any particular | 2 | | branch of dentistry to any dentist who has complied with the | 3 | | requirements established for that particular branch of | 4 | | dentistry at the time of making application. The Department | 5 | | shall establish additional requirements of any dentist who | 6 | | announces or holds himself or herself out to the public as a | 7 | | specialist or as being specially qualified in any particular | 8 | | branch of dentistry. | 9 | | No dentist shall announce or hold himself or herself out | 10 | | to the public as a specialist or as being specially qualified | 11 | | in any particular branch of dentistry unless he or she is | 12 | | licensed to practice in that specialty of dentistry. | 13 | | The fact that any dentist shall announce by card, | 14 | | letterhead, or any other form of communication using terms as | 15 | | "Specialist", "Practice Limited To", or "Limited to Specialty | 16 | | of" with the name of the branch of dentistry practiced as a | 17 | | specialty, or shall use equivalent words or phrases to | 18 | | announce the same, shall be prima facie evidence that the | 19 | | dentist is holding himself or herself out to the public as a | 20 | | specialist. | 21 | | (c) Temporary training licenses. Persons who wish to | 22 | | pursue specialty or other advanced clinical educational | 23 | | programs in an approved dental school or a hospital situated | 24 | | in this State, or persons who wish to pursue programs of | 25 | | specialty training in dental public health in public agencies | 26 | | in this State, may receive without examination, in the |
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| 1 | | discretion of the Department, a temporary training license. In | 2 | | order to receive a temporary training license under this | 3 | | subsection, an applicant shall furnish satisfactory proof to | 4 | | the Department that: | 5 | | (1) The applicant is at least 21 years of age and is of | 6 | | good moral character. In determining moral character under | 7 | | this Section, the Department may take into consideration | 8 | | any felony conviction of the applicant, but such a | 9 | | conviction shall not operate as bar to licensure; | 10 | | (2) The applicant has been accepted or appointed for | 11 | | specialty or residency training by an approved hospital | 12 | | situated in this State, by an approved dental school | 13 | | situated in this State, or by a public health agency in | 14 | | this State the training programs of which are recognized | 15 | | and approved by the Department. The applicant shall | 16 | | indicate the beginning and ending dates of the period for | 17 | | which he or she has been accepted or appointed; | 18 | | (3) The applicant is a graduate of a dental school or | 19 | | college approved and in good standing in the judgment of | 20 | | the Department. The Department may consider diplomas or | 21 | | certifications of education, or both, accompanied by | 22 | | transcripts of course work and credits awarded to | 23 | | determine if an applicant has graduated from a dental | 24 | | school or college approved and in good standing. The | 25 | | Department may also consider diplomas or certifications of | 26 | | education, or both, accompanied by transcripts of course |
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| 1 | | work and credits awarded in determining whether a dental | 2 | | school or college is approved and in good standing. | 3 | | Temporary training licenses issued under this Section | 4 | | shall be valid only for the duration of the period of residency | 5 | | or specialty training and may be extended or renewed as | 6 | | prescribed by rule. The holder of a valid temporary training | 7 | | license shall be entitled thereby to perform acts as may be | 8 | | prescribed by and incidental to his or her program of | 9 | | residency or specialty training; but he or she shall not be | 10 | | entitled to engage in the practice of dentistry in this State. | 11 | | A temporary training license may be revoked by the | 12 | | Department upon proof that the holder has engaged in the | 13 | | practice of dentistry in this State outside of his or her | 14 | | program of residency or specialty training, or if the holder | 15 | | shall fail to supply the Department, within 10 days of its | 16 | | request, with information as to his or her current status and | 17 | | activities in his or her specialty training program. | 18 | | (d) Faculty limited licenses. Persons who have received | 19 | | full-time appointments to teach dentistry at an approved | 20 | | dental school or hospital situated in this State may receive | 21 | | without examination, in the discretion of the Department, a | 22 | | faculty limited license. In order to receive a faculty limited | 23 | | license an applicant shall furnish satisfactory proof to the | 24 | | Department that: | 25 | | (1) The applicant is at least 21 years of age, is of | 26 | | good moral character, and is licensed to practice |
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| 1 | | dentistry in another state or country; and | 2 | | (2) The applicant has a full-time appointment to teach | 3 | | dentistry at an approved dental school or hospital | 4 | | situated in this State. | 5 | | Faculty limited licenses issued under this Section shall | 6 | | be valid for a period of 3 years and may be extended or | 7 | | renewed. The holder of a valid faculty limited license may | 8 | | perform acts as may be required by his or her teaching of | 9 | | dentistry. The holder of a faculty limited license may | 10 | | practice general dentistry or in his or her area of specialty, | 11 | | but only in a clinic or office affiliated with the dental | 12 | | school. The holder of a faculty limited license may advertise | 13 | | a specialty degree as part of the licensee's ability to | 14 | | practice in a faculty practice. Any faculty limited license | 15 | | issued to a faculty member under this Section shall terminate | 16 | | immediately and automatically, without any further action by | 17 | | the Department, if the holder ceases to be a faculty member at | 18 | | an approved dental school or hospital in this State. | 19 | | The Department may revoke a faculty limited license for a | 20 | | violation of this Act or its rules, or if the holder fails to | 21 | | supply the Department, within 10 days of its request, with | 22 | | information as to his or her current status and activities in | 23 | | his or her teaching program. | 24 | | (e) Inactive status. Any person who holds one of the | 25 | | licenses under subsection (a) or (b) of Section 11 or under | 26 | | Section 12 of this Act may elect, upon payment of the required |
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| 1 | | fee, to place his or her license on an inactive status and | 2 | | shall, subject to the rules of the Department, be excused from | 3 | | the payment of renewal fees until he or she notifies the | 4 | | Department in writing of his or her desire to resume active | 5 | | status. | 6 | | Any licensee requesting restoration from inactive status | 7 | | shall be required to pay the current renewal fee and upon | 8 | | payment the Department shall be required to restore his or her | 9 | | license, as provided in Section 16 of this Act. | 10 | | Any licensee whose license is in an inactive status shall | 11 | | not practice in the State of Illinois. | 12 | | (f) Certificates of Identification. In addition to the | 13 | | licenses authorized by this Section, the Department shall | 14 | | deliver to each dentist a certificate of identification in a | 15 | | form specified by the Department. | 16 | | (g) Pre-license practice allowance. An applicant for a | 17 | | general dental license or a temporary training license has a | 18 | | pre-license practice allowance to practice dentistry in a | 19 | | Commission on Dental Accreditation accredited specialty or | 20 | | residency training program for a period of 3 months from the | 21 | | starting date of the program. Upon a request from the | 22 | | applicant, the Department may extend, in writing, the | 23 | | pre-license practice allowance for the specialty or residency | 24 | | training program. An applicant practicing dentistry under this | 25 | | subsection may only perform acts as are prescribed by and | 26 | | incidental to the applicant's program of residency or |
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| 1 | | specialty training. An applicant practicing dentistry under | 2 | | this subsection must supply the specialty or residency | 3 | | training program a copy of the applicant's general license | 4 | | application or temporary training license application along | 5 | | with proof of certified mail of sending that application to | 6 | | the Department. | 7 | | The applicant's authority to practice under this | 8 | | subsection shall terminate immediately upon: (1) the decision | 9 | | of the Department that the applicant failed the examination | 10 | | for dental licensure; (2) denial of licensure by the | 11 | | Department; or (3) withdrawal of the license application. | 12 | | (Source: P.A. 103-425, eff. 1-1-24 .) | 13 | | (225 ILCS 25/16) (from Ch. 111, par. 2316) | 14 | | (Section scheduled to be repealed on January 1, 2026) | 15 | | Sec. 16. Expiration, renewal and restoration of licenses. | 16 | | The expiration date and renewal date for each license issued | 17 | | under this Act shall be set by rule. The renewal period for | 18 | | each license issued under this Act shall be 3 years. A dentist | 19 | | or dental hygienist may renew a license during the month | 20 | | preceding its expiration date by paying the required fee. All | 21 | | initial licenses issued during an open renewal period shall | 22 | | have the next expiration date. A dentist or dental hygienist | 23 | | shall provide proof of current Basic Life Support (BLS) | 24 | | certification intended for health care providers at the time | 25 | | of renewal as provided by rule. Basic Life Support |
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| 1 | | certification training taken as a requirement of this Section | 2 | | shall be counted for no more than 4 hours during each licensure | 3 | | period towards the continuing education hours under Section | 4 | | 16.1 of this Act. The Department shall provide by rule for | 5 | | exemptions from this requirement for a dentist or dental | 6 | | hygienist with a physical disability that would preclude him | 7 | | or her from performing BLS. | 8 | | Any dentist or dental hygienist whose license has expired | 9 | | or whose license is on inactive status may have his license | 10 | | restored at any time within 5 years after the expiration | 11 | | thereof, upon payment of the required fee and a showing of | 12 | | proof of compliance with current continuing education | 13 | | requirements, as provided by rule. | 14 | | Any person whose license has been expired for more than 5 | 15 | | years or who has had his license on inactive status for more | 16 | | than 5 years may have his license restored by making | 17 | | application to the Department and filing proof acceptable to | 18 | | the Department of taking continuing education and of his | 19 | | fitness to have the license restored, including sworn evidence | 20 | | certifying to active practice in another jurisdiction, and by | 21 | | paying the required restoration fee. A person practicing on an | 22 | | expired license is deemed to be practicing without a license. | 23 | | However, a holder of a license may renew the license within 90 | 24 | | days after its expiration by complying with the requirements | 25 | | for renewal and payment of an additional fee. A license | 26 | | renewal within 90 days after expiration shall be effective |
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| 1 | | retroactively to the expiration date. | 2 | | If a person whose license has expired or who has had his | 3 | | license on inactive status for more than 5 years has not | 4 | | maintained an active practice satisfactory to the department, | 5 | | the Department shall determine, by an evaluation process | 6 | | established by rule, his or her fitness to resume active | 7 | | status and may require the person to complete a period of | 8 | | evaluated clinical experience and may require successful | 9 | | completion of a practical examination. | 10 | | However, any person whose license expired while he or she | 11 | | was (i) on active duty with the Armed Forces of the United | 12 | | States or called into service or training by the State militia | 13 | | or (ii) in training or education under the supervision of the | 14 | | United States preliminary to induction into the military | 15 | | service, may have his or her license renewed, reinstated, or | 16 | | restored without paying any lapsed renewal or restoration fee, | 17 | | if within 2 years after termination of such service, training, | 18 | | or education other than by dishonorable discharge, he or she | 19 | | furnishes the Department with satisfactory proof that he or | 20 | | she has been so engaged and that his or her service, training, | 21 | | or education has been so terminated. | 22 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12; | 23 | | 98-147, eff. 1-1-14 .) | 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.". |
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