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91_SB0287enr
SB287 Enrolled LRB9102305ACtm
1 AN ACT to amend the Illinois Dental Practice Act by
2 changing Sections 24, 37, and 44 and adding Section 38.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Dental Practice Act is amended
6 by changing Sections 24, 37, and 44 and adding Section 38.1
7 as follows:
8 (225 ILCS 25/24) (from Ch. 111, par. 2324)
9 Sec. 24. Refusal, Suspension or Revocation of Dental
10 Hygienist License. The Department may refuse to issue or
11 renew, may revoke, suspend, place on probation, reprimand or
12 take other disciplinary action as the Department may deem
13 proper, including fines not to exceed $2,500 per violation,
14 with regard to any dental hygienist license for any one or
15 any combination of the following causes:
16 1. Fraud in procuring license.
17 2. Performing any operation not authorized by this Act.
18 3. Practicing dental hygiene other than under the
19 supervision of a licensed dentist as provided by this Act.
20 4. The wilful violation of, or the wilful procuring of,
21 or knowingly assisting in the violation of, any Act which is
22 now or which hereafter may be in force in this State relating
23 to the use of habit-forming drugs.
24 5. The obtaining of, or an attempt to obtain a license,
25 or practice in the profession, or money, or any other thing
26 of value by fraudulent representation.
27 6. Gross negligence in performing the operative
28 procedure of dental hygiene.
29 7. Active practice of dental hygiene while knowingly
30 having any infectious, communicable, or contagious disease
31 proscribed by rule or regulation of the Department.
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1 8. Habitual intoxication or addiction to the use of
2 habit-forming drugs.
3 9. Conviction in this or another state of any crime
4 which is a felony under the laws of this State or conviction
5 of a felony in a federal court, if the Department determines,
6 after investigation, that such person has not been
7 sufficiently rehabilitated to warrant the public trust.
8 10. Aiding or abetting the unlicensed practice of
9 dentistry or dental hygiene.
10 11. Discipline by another U.S. jurisdiction or a foreign
11 nation, if at least one of the grounds for the discipline is
12 the same or substantially equivalent to those set forth in
13 this Act.
14 12. Violating the Health Care Worker Self-Referral Act.
15 13. Violating the prohibitions of Section 38.1 of this
16 Act.
17 The provisions of this Act relating to proceedings for
18 the suspension and revocation of a license to practice
19 dentistry shall apply to proceedings for the suspension or
20 revocation of a license as a dental hygienist.
21 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
22 (225 ILCS 25/37) (from Ch. 111, par. 2337)
23 Sec. 37. Unlicensed practice; injunctions. The practice
24 of dentistry by any person not holding a valid and current
25 license under this Act is declared to be inimical to the
26 public welfare, to constitute a public nuisance, and to cause
27 irreparable harm to the public welfare.
28 A person is considered to practice dentistry who:
29 (1) employs a dentist, dental hygienist, or other
30 entity which can provide dental services under this Act;
31 (2) directs or controls the use of any dental
32 equipment or material while such equipment or material is
33 being used for the provision of dental services, provided
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1 that this provision shall not be construed to prohibit a
2 person from obtaining professional advice or assistance
3 in obtaining or from leasing the equipment or material,
4 provided the advice, assistance, or lease does not
5 restrict or interfere with the custody, control, or use
6 of the equipment or material by the person;
7 (3) directs, controls or interferes with a
8 dentist's or dental hygienist's clinical judgment; or
9 (4) exercises direction or control, by written
10 contract, license, or otherwise, over a dentist, dental
11 hygienist, or other entity which can provide dental
12 services under this Act in the selection of a course of
13 treatment; limitation of patient referrals; content of
14 patient records; policies and decisions relating to
15 refunds (if the refund payment would be reportable under
16 federal law to the National Practitioner Data Bank) and
17 warranties and the clinical content of advertising; and
18 final decisions relating to employment of dental
19 assistants and dental hygienists. Nothing in this Act
20 shall, however, be construed as prohibiting the seeking
21 or giving of advice or assistance with respect to these
22 matters.
23 The purpose of this Section is to prevent a non-dentist
24 from influencing or otherwise interfering with the exercise
25 of independent professional judgment by a dentist, dental
26 hygienist, or other entity which can provide dental services
27 under this Act. Nothing in this Section shall be construed
28 to prohibit insurers and managed care plans from operating
29 pursuant to the applicable provisions of the Illinois
30 Insurance Code under which the entities are licensed.
31 The Director, the Attorney General, the State's attorney
32 of any county in the State, or any person may maintain an
33 action in the name of the People of the State of Illinois,
34 and may apply for injunctive relief in any circuit court to
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1 enjoin such person from engaging in such practice; and upon
2 the filing of a verified petition in such court, the court if
3 satisfied by affidavit, or otherwise, that such person has
4 been engaged in such practice without a valid and current
5 license so to do, may enter a temporary restraining order
6 without notice or bond, enjoining the defendant from such
7 further practice. Only the showing of non-licensure, by
8 affidavit or otherwise, is necessary in order for a temporary
9 injunction to issue. A copy of the verified complaint shall
10 be served upon the defendant and the proceedings shall
11 thereafter be conducted as in other civil cases except as
12 modified by this Section. If it is established that the
13 defendant has been, or is engaged in such unlawful practice,
14 the court may enter an order or judgment perpetually
15 enjoining the defendant from further such practice. In all
16 proceedings hereunder the court, in its discretion, may
17 apportion the costs among the parties interested in the
18 action, including cost of filing the complaint, service of
19 process, witness fees and expenses, court reporter charges
20 and reasonable attorneys' fees. In case of violation of any
21 injunctive order entered under the provisions of this
22 Section, the court may summarily try and punish the offender
23 for contempt of court. Such injunction proceedings shall be
24 in addition to, and not in lieu of, all penalties and other
25 remedies provided in this Act.
26 (Source: P.A. 84-1308.)
27 (225 ILCS 25/38.1 new)
28 Sec. 38.1. Prohibition against interference by
29 non-dentists. The purpose of this Section is to ensure that
30 each dentist or dental hygienist practicing in this State
31 meets minimum requirements for safe practice without clinical
32 interference by persons not licensed under this Act. It is
33 the legislative intent that dental services be provided only
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1 in accordance with the provisions of this Act and not be
2 delegated to unlicensed persons.
3 Unless otherwise authorized by this Act, a dentist or
4 dental hygienist is prohibited from providing dental services
5 in this State, if the dentist or dental hygienist:
6 (1) is employed by any person other than a dentist
7 to provide dental services; or
8 (2) allows any person other than another dentist to
9 direct, control, or interfere with the dentist's or
10 dental hygienist's clinical judgment. Clinical judgment
11 shall include but not be limited to such matters as the
12 dentist's or dental hygienist's selection of a course of
13 treatment, limitation of patient referrals, content of
14 patient records, policies and decisions relating to
15 refunds (if the refund payment would be reportable under
16 federal law to the National Practitioner Data Bank) and
17 warranties and the clinical content of advertising, and
18 final decisions relating to employment of dental
19 assistants and dental hygienists. This paragraph shall
20 not be construed to limit a patient's right of informed
21 consent.
22 (225 ILCS 25/44) (from Ch. 111, par. 2344)
23 Sec. 44. Practice by Corporations Prohibited.
24 Exceptions. No corporation shall practice dentistry or
25 engage therein, or hold itself out as being entitled to
26 practice dentistry, or furnish dental services or dentists,
27 or advertise under or assume the title of dentist or dental
28 surgeon or equivalent title, or furnish dental advice for any
29 compensation, or advertise or hold itself out with any other
30 person or alone, that it has or owns a dental office or can
31 furnish dental service or dentists, or solicit through
32 itself, or its agents, officers, employees, directors or
33 trustees, dental patronage for any dentist employed by any
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1 corporation.
2 Nothing contained in this Act, however, shall:
3 (a) prohibit a corporation from employing a dentist
4 or dentists to render dental services to its employees,
5 provided that such dental services shall be rendered at
6 no cost or charge to the employees;
7 (b) prohibit a corporation or association from
8 providing dental services upon a wholly charitable basis
9 to deserving recipients;
10 (c) prohibit a corporation or association from
11 furnishing information or clerical services which can be
12 furnished by persons not licensed to practice dentistry,
13 to any dentist when such dentist assumes full
14 responsibility for such information or services;
15 (d) prohibit dental corporations as authorized by
16 the Professional Service Corporation Act, dental
17 associations as authorized by the Professional
18 Association Act, or dental limited liability companies as
19 authorized by the Limited Liability Company Act;
20 (e) prohibit dental limited liability partnerships
21 as authorized by the Uniform Partnership Act;.
22 (f) prohibit hospitals, public health clinics,
23 federally qualified health centers, or other entities
24 specified by rule of the Department from providing dental
25 services; or
26 (g) prohibit dental management service
27 organizations from providing non-clinical business
28 services that do not violate the provisions of this Act.
29 Any corporation violating the provisions of this Section
30 is guilty of a Class A misdemeanor and each day that this Act
31 is violated shall be considered a separate offense.
32 (Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)
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