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91_SB1323enr
SB1323 Enrolled LRB9110229ACtm
1 AN ACT to amend the Illinois Dental Practice Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Dental Practice Act is amended
5 by changing Sections 4, 18, 23, and 25 and by adding Section
6 23b as follows:
7 (225 ILCS 25/4) (from Ch. 111, par. 2304)
8 Sec. 4. Definitions. As used in this Act:
9 (a) "Department" means the Illinois Department of
10 Professional Regulation.
11 (b) "Director" means the Director of Professional
12 Regulation.
13 (c) "Board" means the Board of Dentistry established by
14 Section 6 of this Act.
15 (d) "Dentist" means a person who has received a general
16 license pursuant to paragraph (a) of Section 11 of this Act
17 and who may perform any intraoral and extraoral procedure
18 required in the practice of dentistry and to whom is reserved
19 the responsibilities specified in Section 17.
20 (e) "Dental hygienist" means a person who holds a
21 license under this Act to perform dental services as
22 authorized by Section 18.
23 (f) "Dental assistant" means an appropriately trained
24 person who, under the supervision of a dentist, provides
25 dental services as authorized by Section 17.
26 (g) "Dental laboratory" means a person, firm or
27 corporation which:
28 (i) engages in making, providing, repairing or
29 altering dental prosthetic appliances and other
30 artificial materials and devices which are returned to a
31 dentist for insertion into the human oral cavity or which
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1 come in contact with its adjacent structures and tissues;
2 and
3 (ii) utilizes or employs a dental technician to
4 provide such services; and
5 (iii) performs such functions only for a dentist or
6 dentists.
7 (h) "Supervision" means supervision of a dental
8 hygienist or a dental assistant requiring that a dentist
9 authorize the procedure, remain in the dental facility while
10 the procedure is performed, and approve the work performed by
11 the dental hygienist or dental assistant before dismissal of
12 the patient, but does not mean that the dentist must be
13 present at all times in the treatment room.
14 (i) "General supervision" means supervision of a dental
15 hygienist requiring that a dentist authorize the procedures
16 which are being carried out, but not requiring that a dentist
17 be present when the authorized procedures are being
18 performed. The authorized procedures may also be performed
19 at a place other than the dentist's usual place of practice.
20 The issuance of a prescription to a dental laboratory by a
21 dentist does not constitute general supervision.
22 (j) "Public member" means a person who is not a health
23 professional. For purposes of board membership, any person
24 with a significant financial interest in a health service or
25 profession is not a public member.
26 (k) "Dentistry" means the healing art which is concerned
27 with the examination, diagnosis, treatment planning and care
28 of conditions within the human oral cavity and its adjacent
29 tissues and structures, as further specified in Section 17.
30 (l) "Branches of dentistry" means the various
31 specialties of dentistry which, for purposes of this Act,
32 shall be limited to the following: endodontics, oral and
33 maxillofacial surgery, orthodontics and dentofacial
34 orthopedics, pediatric dentistry, periodontics and
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1 prosthodontics.
2 (m) "Specialist" means a dentist who has received a
3 specialty license pursuant to Section 11(b).
4 (n) "Dental technician" means a person who owns,
5 operates or is employed by a dental laboratory and engages in
6 making, providing, repairing or altering dental prosthetic
7 appliances and other artificial materials and devices which
8 are returned to a dentist for insertion into the human oral
9 cavity or which come in contact with its adjacent structures
10 and tissues.
11 (o) "Impaired dentist" or "impaired dental hygienist"
12 means a dentist or dental hygienist who is unable to practice
13 dentistry with reasonable skill and safety because of a
14 physical or mental disability as evidenced by a written
15 determination or written consent based on clinical evidence,
16 including deterioration through the aging process, loss of
17 motor skills, abuse of drugs or alcohol, or a psychiatric
18 disorder, of sufficient degree to diminish the person's
19 ability to deliver competent patient care.
20 (Source: P.A. 91-138, eff. 1-1-00.)
21 (225 ILCS 25/18) (from Ch. 111, par. 2318)
22 Sec. 18. Acts Constituting the Practice of Dental
23 Hygiene. Limitations. A dental hygienist may be employed or
24 engaged only:
25 (a) Under the supervision of a dentist:
26 (1) In the office of a dentist;
27 (2) By a federal, State, county or municipal
28 agency or institution;
29 (3) By a public or private school; or
30 (4) By a public clinic operating under the
31 direction of a hospital or federal, State, county,
32 municipal or other public agency or institution.
33 When employed or engaged pursuant to this paragraph (a) a
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1 dental hygienist may perform the following procedures and
2 acts:
3 (i) the operative procedure of dental hygiene,
4 consisting of oral prophylactic procedures;
5 (ii) the exposure and processing of X-Ray
6 films of the teeth and surrounding structures;
7 (iii) the application to the surfaces of the
8 teeth or gums of chemical compounds designed to be
9 desensitizing agents or effective agents in the
10 prevention of dental caries or periodontal disease;
11 (iv) all services which may be performed by a
12 dental assistant as specified by rule pursuant to
13 Section 17;
14 (v) administration and monitoring of nitrous
15 oxide upon successful completion of a training
16 program approved by the Department; and
17 (vi) administration of local anesthetics upon
18 successful completion of a training program approved
19 by the Department; and
20 (vii) (vi) such other procedures and acts as
21 shall be prescribed by rule or regulation of the
22 Department.
23 (b) Under the general supervision of a dentist in a
24 long-term care facility licensed by the State of
25 Illinois, or a mental health or developmental disability
26 facility operated by the Department of Human Services, if
27 the patient is unable to travel to a dental office
28 because of illness or infirmity. The dentist shall
29 personally examine and diagnose the patient and determine
30 which services are necessary to be performed, which shall
31 be contained in a written order to the hygienist. Such
32 order must be implemented within 90 days of its issuance,
33 and an updated medical history and oral inspection must
34 be performed by the hygienist immediately prior to
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1 beginning the procedures to ensure that the patient's
2 health has not changed in any manner to warrant a
3 reexamination by the dentist.
4 (c) Without the supervision of a dentist, a dental
5 hygienist may perform dental health education functions
6 and may record case histories and oral conditions
7 observed.
8 The number of dental hygienists practicing in a dental
9 office shall not exceed, at any one time, 4 times the number
10 of dentists practicing in the office at the time.
11 (Source: P.A. 91-594, eff. 1-1-00.)
12 (225 ILCS 25/23) (from Ch. 111, par. 2323)
13 Sec. 23. Refusal, revocation or suspension of dental
14 licenses. The Department may refuse to issue or renew, or
15 may revoke, suspend, place on probation, reprimand or take
16 other disciplinary action as the Department may deem proper,
17 including fines not to exceed $10,000 per violation, with
18 regard to any license for any one or any combination of the
19 following causes:
20 1. Fraud in procuring the license.
21 2. Habitual intoxication or addiction to the use of
22 drugs.
23 3. Wilful or repeated violations of the rules of the
24 Department of Public Health or Department of Nuclear Safety.
25 4. Acceptance of a fee for service as a witness, without
26 the knowledge of the court, in addition to the fee allowed by
27 the court.
28 5. Division of fees or agreeing to split or divide the
29 fees received for dental services with any person for
30 bringing or referring a patient, except in regard to referral
31 services as provided for under Section 45, or assisting in
32 the care or treatment of a patient, without the knowledge of
33 the patient or his legal representative.
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1 6. Employing, procuring, inducing, aiding or abetting a
2 person not licensed or registered as a dentist to engage in
3 the practice of dentistry. The person practiced upon is not
4 an accomplice, employer, procurer, inducer, aider, or abetter
5 within the meaning of this Act.
6 7. Making any misrepresentations or false promises,
7 directly or indirectly, to influence, persuade or induce
8 dental patronage.
9 8. Professional connection or association with or
10 lending his name to another for the illegal practice of
11 dentistry by another, or professional connection or
12 association with any person, firm or corporation holding
13 himself, herself, themselves, or itself out in any manner
14 contrary to this Act.
15 9. Obtaining or seeking to obtain practice, money, or
16 any other things of value by false or fraudulent
17 representations, but not limited to, engaging in such
18 fraudulent practice to defraud the medical assistance program
19 of the Department of Public Aid.
20 10. Practicing under a name other than his or her own.
21 11. Engaging in dishonorable, unethical, or
22 unprofessional conduct of a character likely to deceive,
23 defraud, or harm the public.
24 12. Conviction in this or another State of any crime
25 which is a felony under the laws of this State or conviction
26 of a felony in a federal court, conviction of a misdemeanor,
27 an essential element of which is dishonesty, or conviction of
28 any crime which is directly related to the practice of
29 dentistry or dental hygiene.
30 13. Permitting a dental hygienist, dental assistant or
31 other person under his or her supervision to perform any
32 operation not authorized by this Act.
33 14. Permitting more than 4 dental hygienists to be
34 employed under his supervision at any one time.
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1 15. A violation of any provision of this Act or any
2 rules promulgated under this Act.
3 16. Taking impressions for or using the services of any
4 person, firm or corporation violating this Act.
5 17. Violating any provision of Section 45 relating to
6 advertising.
7 18. Discipline by another U.S. jurisdiction or foreign
8 nation, if at least one of the grounds for the discipline is
9 the same or substantially equivalent to those set forth
10 within this Act.
11 19. Willfully failing to report an instance of suspected
12 child abuse or neglect as required by the Abused and
13 Neglected Child Reporting Act.
14 20. Gross or repeated malpractice resulting in injury or
15 death of a patient.
16 21. The use or prescription for use of narcotics or
17 controlled substances or designated products as listed in the
18 Illinois Controlled Substances Act, in any way other than for
19 therapeutic purposes.
20 22. Willfully making or filing false records or reports
21 in his practice as a dentist, including, but not limited to,
22 false records to support claims against the dental assistance
23 program of the Illinois Department of Public Aid.
24 23. Professional incompetence as manifested by poor
25 standards of care or mental incompetency as declared by a
26 court of competent jurisdiction.
27 24. Physical or mental illness, including, but not
28 limited to, deterioration through the aging process, or loss
29 of motor skills which results in a dentist's inability to
30 practice dentistry with reasonable judgment, skill or safety.
31 In enforcing this paragraph, the Department may compel a
32 person licensed to practice under this Act to submit to a
33 mental or physical examination pursuant to the terms and
34 conditions of Section 23b.
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1 25. Repeated irregularities in billing a third party for
2 services rendered to a patient. For purposes of this
3 paragraph 25, "irregularities in billing" shall include:
4 (a) Reporting excessive charges for the purpose of
5 obtaining a total payment in excess of that usually
6 received by the dentist for the services rendered.
7 (b) Reporting charges for services not rendered.
8 (c) Incorrectly reporting services rendered for the
9 purpose of obtaining payment not earned.
10 26. Continuing the active practice of dentistry while
11 knowingly having any infectious, communicable, or contagious
12 disease proscribed by rule or regulation of the Department.
13 27. Being named as a perpetrator in an indicated report
14 by the Department of Children and Family Services pursuant to
15 the Abused and Neglected Child Reporting Act, and upon proof
16 by clear and convincing evidence that the licensee has caused
17 a child to be an abused child or neglected child as defined
18 in the Abused and Neglected Child Reporting Act.
19 28. Violating the Health Care Worker Self-Referral Act.
20 29. Abandonment of a patient.
21 30. Mental incompetency as declared by a court of
22 competent jurisdiction.
23 All proceedings to suspend, revoke, place on probationary
24 status, or take any other disciplinary action as the
25 Department may deem proper, with regard to a license on any
26 of the foregoing grounds, must be commenced within 3 years
27 after receipt by the Department of a complaint alleging the
28 commission of or notice of the conviction order for any of
29 the acts described herein. Except for fraud in procuring a
30 license, no action shall be commenced more than 5 years after
31 the date of the incident or act alleged to have violated this
32 Section. The time during which the holder of the license was
33 outside the State of Illinois shall not be included within
34 any period of time limiting the commencement of disciplinary
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1 action by the Department.
2 The Department may refuse to issue or may suspend the
3 license of any person who fails to file a return, or to pay
4 the tax, penalty or interest shown in a filed return, or to
5 pay any final assessment of tax, penalty or interest, as
6 required by any tax Act administered by the Illinois
7 Department of Revenue, until such time as the requirements of
8 any such tax Act are satisfied.
9 (Source: P.A. 91-357, eff. 7-29-99.)
10 (225 ILCS 25/23b new)
11 Sec. 23b. Requirement for mental and physical
12 examinations under certain conditions.
13 (a) In enforcing paragraph 24 of Section 23 of this Act,
14 the Department may compel a person licensed to practice under
15 this Act to submit to a mental or physical examination, or
16 both, as required by and at the expense of the Department.
17 The Department may order the examining physician to present
18 testimony concerning the mental or physical examination of
19 the licensee or applicant. No information shall be excluded
20 by reason of any common law or statutory privilege relating
21 to communications between the licensee or applicant and the
22 examining physician. The examining physician shall be a
23 physician licensed to practice medicine in all its branches
24 specifically designated by the Department. The individual to
25 be examined may have, at his or her own expense, another
26 physician of his or her choice present during all aspects of
27 this examination. Failure of an individual to submit to a
28 mental or physical examination, when directed, shall be
29 grounds for suspension of his or her license until the
30 individual submits to the examination if the Department
31 finds, after notice and hearing, that the refusal to submit
32 to the examination was without reasonable cause.
33 (b) If the Department finds an individual unable to
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1 practice because of the reasons set forth in paragraph 24 of
2 Section 23, the Department may require that individual to
3 submit to care, counseling, or treatment by physicians
4 approved or designated by the Department as a condition,
5 term, or restriction for continued, reinstated, or renewed
6 licensure to practice, or in lieu of care, counseling, or
7 treatment, the Department may file a complaint to immediately
8 suspend, revoke, or otherwise discipline the license of the
9 individual. An individual whose license was granted,
10 continued, reinstated, renewed, disciplined, or supervised
11 subject to such terms, conditions, or restrictions, and who
12 fails to comply with such terms, conditions, or restrictions,
13 shall be referred to the Director for a determination as to
14 whether the individual shall have his or her license
15 suspended immediately, pending a hearing by the Department.
16 (225 ILCS 25/25) (from Ch. 111, par. 2325)
17 Sec. 25. Investigations Notice of hearing;
18 investigations and informal conferences.
19 (a) Upon the motion of either the Department or the Board
20 or upon the verified complaint in writing of any person
21 setting forth facts which if proven would constitute grounds
22 for refusal, suspension or revocation of license under this
23 Act, the Board shall investigate the actions of any person,
24 hereinafter called the respondent, who holds or represents
25 that he holds a license. All such motions or complaints shall
26 be brought to the Board.
27 (b) Prior to taking an in-person statement from a
28 dentist or dental hygienist who is the subject of a
29 complaint, the investigator shall inform the dentist or the
30 dental hygienist in writing:
31 (1) that the dentist or dental hygienist is the
32 subject of a complaint; and
33 (2) that the dentist or dental hygienist need not
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1 immediately proceed with the interview and may seek
2 appropriate consultation prior to consenting to the
3 interview.
4 A Department investigator's failure to comply with this
5 subsection may not be the sole ground for dismissal of any
6 order of the Department filed upon a finding of a violation
7 or for dismissal of a pending investigation.
8 (c) If the Department concludes on the basis of a
9 complaint or its initial investigation that there is a
10 possible violation of the Act, the Department may:
11 (1) schedule a hearing pursuant to this Act; or
12 (2) request in writing that the dentist or dental
13 hygienist being investigated attend an informal
14 conference with representatives of the Department.
15 The request for an informal conference shall contain the
16 nature of the alleged actions or inactions that constitute
17 the possible violations.
18 A dentist or dental hygienist shall be allowed to have
19 legal counsel at the informal conference. If the informal
20 conference results in a consent order between the accused
21 dentist or dental hygienist and the Department, the consent
22 order must be approved by the Board and the Director.
23 Participation in the informal conference by a dentist, a
24 dental hygienist, or the Department and any admissions or
25 stipulations made by a dentist, a dental hygienist, or the
26 Department at the informal conference, including any
27 agreements in a consent order that is subsequently
28 disapproved by either the Board or the Director, shall not be
29 used against the dentist, dental hygienist, or Department at
30 any subsequent hearing and shall not become a part of the
31 record of the hearing.
32 (d) The Director shall, before suspending, revoking,
33 placing on probationary status, or taking any other
34 disciplinary action as the Director may deem proper with
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1 regard to any license, at least 30 days prior to the date set
2 for the hearing, notify the respondent in writing of any
3 charges made and the time and place for a hearing of the
4 charges before the Board, direct him or her to file his or
5 her written answer thereto to the Board under oath within 20
6 days after the service on him or her of such notice and
7 inform him or her that if he or she fails to file such answer
8 default will be taken against him or her and his or her
9 license may be suspended, revoked, placed on probationary
10 status, or other disciplinary action may be taken with regard
11 thereto, including limiting the scope, nature or extent of
12 his or her practice, as the Director may deem proper.
13 (e) Such written notice and any notice in such
14 proceedings thereafter may be served by delivery personally
15 to the respondent, or by registered or certified mail to the
16 address last theretofore specified by the respondent in his
17 or her last notification to the Director.
18 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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