State of Illinois
91st General Assembly
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Public Act 91-0689

SB1323 Enrolled                                LRB9110229ACtm

    AN ACT to amend the Illinois Dental Practice Act.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Illinois Dental Practice Act is amended
by changing Sections 4, 18, 23, and 25 and by adding  Section
23b as follows:

    (225 ILCS 25/4) (from Ch. 111, par. 2304)
    Sec. 4.  Definitions.  As used in this Act:
    (a)  "Department"   means   the  Illinois  Department  of
Professional Regulation.
    (b)  "Director"  means  the  Director   of   Professional
Regulation.
    (c)  "Board"  means the Board of Dentistry established by
Section 6 of this Act.
    (d)  "Dentist" means a person who has received a  general
license  pursuant  to paragraph (a) of Section 11 of this Act
and who may perform any  intraoral  and  extraoral  procedure
required in the practice of dentistry and to whom is reserved
the responsibilities specified in Section 17.
    (e)  "Dental  hygienist"  means  a  person  who  holds  a
license   under  this  Act  to  perform  dental  services  as
authorized by Section 18.
    (f)  "Dental assistant" means  an  appropriately  trained
person  who,  under  the  supervision  of a dentist, provides
dental services as authorized by Section 17.
    (g)  "Dental  laboratory"  means  a   person,   firm   or
corporation which:
         (i)  engages  in  making,  providing,  repairing  or
    altering   dental   prosthetic   appliances   and   other
    artificial  materials and devices which are returned to a
    dentist for insertion into the human oral cavity or which
    come in contact with its adjacent structures and tissues;
    and
         (ii)  utilizes or employs  a  dental  technician  to
    provide such services; and
         (iii)  performs such functions only for a dentist or
    dentists.
    (h)  "Supervision"   means   supervision   of   a  dental
hygienist or a dental  assistant  requiring  that  a  dentist
authorize  the procedure, remain in the dental facility while
the procedure is performed, and approve the work performed by
the dental hygienist or dental assistant before dismissal  of
the  patient,  but  does  not  mean  that the dentist must be
present at all times in the treatment room.
    (i)  "General supervision" means supervision of a  dental
hygienist  requiring  that a dentist authorize the procedures
which are being carried out, but not requiring that a dentist
be  present  when  the  authorized   procedures   are   being
performed.   The  authorized procedures may also be performed
at a place other than the dentist's usual place of  practice.
The  issuance  of  a prescription to a dental laboratory by a
dentist does not constitute general supervision.
    (j)  "Public member" means a person who is not  a  health
professional.    For purposes of board membership, any person
with a significant financial interest in a health service  or
profession is not a public member.
    (k)  "Dentistry" means the healing art which is concerned
with  the examination, diagnosis, treatment planning and care
of conditions within the human oral cavity and  its  adjacent
tissues and structures, as further specified in Section 17.
    (l)  "Branches    of   dentistry"   means   the   various
specialties of dentistry which, for  purposes  of  this  Act,
shall  be  limited  to  the  following: endodontics, oral and
maxillofacial   surgery,   orthodontics    and    dentofacial
orthopedics,    pediatric    dentistry,    periodontics   and
prosthodontics.
    (m)  "Specialist" means a  dentist  who  has  received  a
specialty license pursuant to Section 11(b).
    (n)  "Dental   technician"   means  a  person  who  owns,
operates or is employed by a dental laboratory and engages in
making, providing, repairing or  altering  dental  prosthetic
appliances  and  other artificial materials and devices which
are returned to a dentist for insertion into the  human  oral
cavity  or which come in contact with its adjacent structures
and tissues.
    (o)  "Impaired dentist" or  "impaired  dental  hygienist"
means a dentist or dental hygienist who is unable to practice
dentistry  with  reasonable  skill  and  safety  because of a
physical or mental  disability  as  evidenced  by  a  written
determination  or written consent based on clinical evidence,
including deterioration through the aging  process,  loss  of
motor  skills,  abuse  of  drugs or alcohol, or a psychiatric
disorder, of  sufficient  degree  to  diminish  the  person's
ability to deliver competent patient care.
(Source: P.A. 91-138, eff. 1-1-00.)

    (225 ILCS 25/18) (from Ch. 111, par. 2318)
    Sec.  18.   Acts  Constituting  the  Practice  of  Dental
Hygiene.   Limitations. A dental hygienist may be employed or
engaged only:
         (a)  Under the supervision of a dentist:
              (1)  In the office of a dentist;
              (2)  By a federal, State, county  or  municipal
         agency or institution;
              (3)  By a public or private school; or
              (4)  By  a  public  clinic  operating under the
         direction of a hospital or federal,  State,  county,
         municipal or other public agency or institution.
    When employed or engaged pursuant to this paragraph (a) a
dental  hygienist  may  perform  the following procedures and
acts:
              (i)  the operative procedure of dental hygiene,
         consisting of oral prophylactic procedures;
              (ii)  the  exposure  and  processing  of  X-Ray
         films of the teeth and surrounding structures;
              (iii)  the application to the surfaces  of  the
         teeth  or  gums of chemical compounds designed to be
         desensitizing agents  or  effective  agents  in  the
         prevention of dental caries or periodontal disease;
              (iv)  all  services which may be performed by a
         dental assistant as specified by  rule  pursuant  to
         Section 17;
              (v)  administration  and  monitoring of nitrous
         oxide  upon  successful  completion  of  a  training
         program approved by the Department; and
              (vi)  administration of local anesthetics  upon
         successful completion of a training program approved
         by the Department; and
              (vii)  (vi) such  other  procedures and acts as
         shall be prescribed by rule  or  regulation  of  the
         Department.
         (b)  Under the general supervision of a dentist in a
    long-term   care   facility  licensed  by  the  State  of
    Illinois, or a mental health or developmental  disability
    facility operated by the Department of Human Services, if
    the  patient  is  unable  to  travel  to  a dental office
    because of  illness  or  infirmity.   The  dentist  shall
    personally examine and diagnose the patient and determine
    which services are necessary to be performed, which shall
    be  contained  in a written order to the hygienist.  Such
    order must be implemented within 90 days of its issuance,
    and an updated medical history and oral  inspection  must
    be  performed  by  the  hygienist  immediately  prior  to
    beginning  the  procedures  to  ensure that the patient's
    health has  not  changed  in  any  manner  to  warrant  a
    reexamination by the dentist.
         (c)  Without  the supervision of a dentist, a dental
    hygienist may perform dental health  education  functions
    and   may  record  case  histories  and  oral  conditions
    observed.
    The number of dental hygienists practicing  in  a  dental
office  shall not exceed, at any one time, 4 times the number
of dentists practicing in the office at the time.
(Source: P.A. 91-594, eff. 1-1-00.)

    (225 ILCS 25/23) (from Ch. 111, par. 2323)
    Sec. 23. Refusal,  revocation  or  suspension  of  dental
licenses.   The  Department  may refuse to issue or renew, or
may revoke, suspend, place on probation,  reprimand  or  take
other  disciplinary action as the Department may deem proper,
including fines not to exceed  $10,000  per  violation,  with
regard  to  any license for any one or any combination of the
following causes:
    1.  Fraud in procuring the license.
    2.  Habitual intoxication or  addiction  to  the  use  of
drugs.
    3.  Wilful  or  repeated  violations  of the rules of the
Department of Public Health or Department of Nuclear Safety.
    4.  Acceptance of a fee for service as a witness, without
the knowledge of the court, in addition to the fee allowed by
the court.
    5.  Division of fees or agreeing to split or  divide  the
fees  received  for  dental  services  with  any  person  for
bringing or referring a patient, except in regard to referral
services  as  provided  for under Section 45, or assisting in
the care or treatment of a patient, without the knowledge  of
the patient or his legal representative.
    6.  Employing,  procuring, inducing, aiding or abetting a
person not licensed or registered as a dentist to  engage  in
the  practice  of dentistry. The person practiced upon is not
an accomplice, employer, procurer, inducer, aider, or abetter
within the meaning of this Act.
    7.  Making  any  misrepresentations  or  false  promises,
directly or indirectly,  to  influence,  persuade  or  induce
dental patronage.
    8.  Professional   connection   or  association  with  or
lending his name to  another  for  the  illegal  practice  of
dentistry   by   another,   or   professional  connection  or
association with any  person,  firm  or  corporation  holding
himself,  herself,  themselves,  or  itself out in any manner
contrary to this Act.
    9.  Obtaining or seeking to obtain  practice,  money,  or
any   other   things   of   value   by  false  or  fraudulent
representations,  but  not  limited  to,  engaging  in   such
fraudulent practice to defraud the medical assistance program
of the Department of Public Aid.
    10.  Practicing under a name other than his or her own.
    11.  Engaging     in    dishonorable,    unethical,    or
unprofessional conduct of  a  character  likely  to  deceive,
defraud, or harm the public.
    12.  Conviction  in  this  or  another State of any crime
which is a felony under the laws of this State or  conviction
of  a felony in a federal court, conviction of a misdemeanor,
an essential element of which is dishonesty, or conviction of
any crime which  is  directly  related  to  the  practice  of
dentistry or dental hygiene.
    13.  Permitting  a  dental hygienist, dental assistant or
other person under his or  her  supervision  to  perform  any
operation not authorized by this Act.
    14.  Permitting  more  than  4  dental  hygienists  to be
employed under his supervision at any one time.
    15.  A violation of any provision  of  this  Act  or  any
rules promulgated under this Act.
    16.  Taking  impressions for or using the services of any
person, firm or corporation violating this Act.
    17.  Violating any provision of Section  45  relating  to
advertising.
    18.  Discipline  by  another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline  is
the  same  or  substantially  equivalent  to  those set forth
within this Act.
    19.  Willfully failing to report an instance of suspected
child  abuse  or  neglect  as  required  by  the  Abused  and
Neglected Child Reporting Act.
    20.  Gross or repeated malpractice resulting in injury or
death of a patient.
    21.  The use or prescription  for  use  of  narcotics  or
controlled substances or designated products as listed in the
Illinois Controlled Substances Act, in any way other than for
therapeutic purposes.
    22.  Willfully  making or filing false records or reports
in his practice as a dentist, including, but not limited  to,
false records to support claims against the dental assistance
program of the Illinois Department of Public Aid.
    23.  Professional  incompetence  as  manifested  by  poor
standards  of  care  or  mental incompetency as declared by a
court of competent jurisdiction.
    24.  Physical  or  mental  illness,  including,  but  not
limited to, deterioration through the aging process, or  loss
of  motor  skills  which  results in a dentist's inability to
practice dentistry with reasonable judgment, skill or safety.
In enforcing this paragraph,  the  Department  may  compel  a
person  licensed  to  practice  under this Act to submit to a
mental or physical examination  pursuant  to  the  terms  and
conditions of Section 23b.
    25.  Repeated irregularities in billing a third party for
services  rendered  to  a  patient.   For  purposes  of  this
paragraph 25, "irregularities in billing" shall include:
         (a)  Reporting  excessive charges for the purpose of
    obtaining a total  payment  in  excess  of  that  usually
    received by the dentist for the services rendered.
         (b)  Reporting charges for services not rendered.
         (c)  Incorrectly reporting services rendered for the
    purpose of obtaining payment not earned.
    26.  Continuing  the  active  practice of dentistry while
knowingly having any infectious, communicable, or  contagious
disease proscribed by rule or regulation of the Department.
    27.  Being  named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant to
the Abused and Neglected Child Reporting Act, and upon  proof
by clear and convincing evidence that the licensee has caused
a  child  to be an abused child or neglected child as defined
in the Abused and Neglected Child Reporting Act.
    28.  Violating the Health Care Worker Self-Referral Act.
    29.  Abandonment of a patient.
    30.  Mental  incompetency  as  declared  by  a  court  of
competent jurisdiction.
    All proceedings to suspend, revoke, place on probationary
status,  or  take  any  other  disciplinary  action  as   the
Department  may  deem proper, with regard to a license on any
of the foregoing grounds, must be commenced  within  3  years
after  receipt  by the Department of a complaint alleging the
commission of or notice of the conviction order  for  any  of
the  acts  described herein.  Except for fraud in procuring a
license, no action shall be commenced more than 5 years after
the date of the incident or act alleged to have violated this
Section.  The time during which the holder of the license was
outside the State of Illinois shall not  be  included  within
any  period of time limiting the commencement of disciplinary
action by the Department.
    The Department may refuse to issue  or  may  suspend  the
license  of  any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return,  or  to
pay  any  final  assessment  of  tax, penalty or interest, as
required  by  any  tax  Act  administered  by  the   Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 91-357, eff. 7-29-99.)

    (225 ILCS 25/23b new)
    Sec.    23b.  Requirement   for   mental   and   physical
examinations under certain conditions.
    (a)  In enforcing paragraph 24 of Section 23 of this Act,
the Department may compel a person licensed to practice under
this Act to submit to a mental or  physical  examination,  or
both,  as  required  by and at the expense of the Department.
The Department may order the examining physician  to  present
testimony  concerning  the  mental or physical examination of
the licensee or applicant.  No information shall be  excluded
by  reason  of any common law or statutory privilege relating
to communications between the licensee or applicant  and  the
examining  physician.   The  examining  physician  shall be a
physician licensed to practice medicine in all  its  branches
specifically designated by the Department.  The individual to
be  examined  may  have,  at  his or her own expense, another
physician of his or her choice present during all aspects  of
this  examination.   Failure  of an individual to submit to a
mental or  physical  examination,  when  directed,  shall  be
grounds  for  suspension  of  his  or  her  license until the
individual submits  to  the  examination  if  the  Department
finds,  after  notice and hearing, that the refusal to submit
to the examination was without reasonable cause.
    (b)  If the Department  finds  an  individual  unable  to
practice  because of the reasons set forth in paragraph 24 of
Section 23, the Department may  require  that  individual  to
submit  to  care,  counseling,  or  treatment  by  physicians
approved  or  designated  by  the  Department as a condition,
term, or restriction for continued,  reinstated,  or  renewed
licensure  to  practice,  or  in lieu of care, counseling, or
treatment, the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license  of  the
individual.    An   individual  whose  license  was  granted,
continued, reinstated, renewed,  disciplined,  or  supervised
subject  to  such terms, conditions, or restrictions, and who
fails to comply with such terms, conditions, or restrictions,
shall be referred to the Director for a determination  as  to
whether   the  individual  shall  have  his  or  her  license
suspended immediately, pending a hearing by the Department.

    (225 ILCS 25/25) (from Ch. 111, par. 2325)
    Sec.   25.     Investigations    Notice    of    hearing;
investigations and informal conferences.
    (a) Upon the motion of either the Department or the Board
or  upon  the  verified  complaint  in  writing of any person
setting forth facts which if proven would constitute  grounds
for  refusal,  suspension or revocation of license under this
Act, the Board shall investigate the actions of  any  person,
hereinafter  called  the  respondent, who holds or represents
that he holds a license. All such motions or complaints shall
be brought to the Board.
    (b)  Prior  to  taking  an  in-person  statement  from  a
dentist  or  dental  hygienist  who  is  the  subject  of   a
complaint,  the  investigator shall inform the dentist or the
dental hygienist in writing:
         (1)  that the dentist or  dental  hygienist  is  the
    subject of a complaint; and
         (2)  that  the  dentist or dental hygienist need not
    immediately proceed  with  the  interview  and  may  seek
    appropriate  consultation  prior  to  consenting  to  the
    interview.
    A  Department  investigator's failure to comply with this
subsection may not be the sole ground for  dismissal  of  any
order  of  the Department filed upon a finding of a violation
or for dismissal of a pending investigation.
    (c)  If the  Department  concludes  on  the  basis  of  a
complaint  or  its  initial  investigation  that  there  is a
possible violation of the Act, the Department may:
         (1)  schedule a hearing pursuant to this Act; or
         (2)  request in writing that the dentist  or  dental
    hygienist   being   investigated   attend   an   informal
    conference with representatives of the Department.
    The  request for an informal conference shall contain the
nature of the alleged actions or  inactions  that  constitute
the possible violations.
    A  dentist  or  dental hygienist shall be allowed to have
legal counsel at the informal conference.   If  the  informal
conference  results  in  a  consent order between the accused
dentist or dental hygienist and the Department,  the  consent
order  must  be  approved  by  the  Board  and  the Director.
Participation in the informal  conference  by  a  dentist,  a
dental  hygienist,  or  the  Department and any admissions or
stipulations made by a dentist, a dental  hygienist,  or  the
Department   at   the   informal  conference,  including  any
agreements  in  a  consent   order   that   is   subsequently
disapproved by either the Board or the Director, shall not be
used  against the dentist, dental hygienist, or Department at
any subsequent hearing and shall not become  a  part  of  the
record of the hearing.
    (d)  The  Director  shall,  before  suspending, revoking,
placing  on  probationary  status,  or   taking   any   other
disciplinary  action  as  the  Director  may deem proper with
regard to any license, at least 30 days prior to the date set
for the hearing, notify the  respondent  in  writing  of  any
charges  made  and  the  time  and place for a hearing of the
charges before the Board, direct him or her to  file  his  or
her  written answer thereto to the Board under oath within 20
days after the service on him  or  her  of  such  notice  and
inform him or her that if he or she fails to file such answer
default  will  be  taken  against  him  or her and his or her
license may be suspended,  revoked,  placed  on  probationary
status, or other disciplinary action may be taken with regard
thereto,  including  limiting  the scope, nature or extent of
his or her practice, as the Director may deem proper.
    (e)  Such  written  notice  and  any   notice   in   such
proceedings  thereafter  may be served by delivery personally
to the respondent, or by registered or certified mail to  the
address  last  theretofore specified by the respondent in his
or her last notification to the Director.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)

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