Public Act 102-0582
 
HB0690 EnrolledLRB102 11795 SPS 17130 b


  
    AN ACT concerning regulation.
  
 
    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 Section 19.2 as follows:
 
    (225 ILCS 25/19.2)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 19.2. Temporary permit for free dental care. 
    (a) Upon Board recommendation, the The Department may 
issue a temporary permit authorizing the practice in this 
State, without compensation, of dentistry or dental hygiene to 
an applicant who is licensed to practice dentistry or dental 
hygiene in another state, if all of the following apply:
        (1) the The Department determines that the applicant's 
    services will improve the welfare of   Illinois residents 
    who are eligible for Medicaid or who are uninsured and 
    whose household income is not greater than 200% of the 
    federal poverty level; .
        (2) the applicant has graduated from a dental program 
    approved by the American Dental Association's Commission 
    on Dental Accreditation and maintains an equivalent 
    authorization to practice dentistry in good standing in 
    his or her native licensing jurisdiction during the period 
    of the temporary visiting dentist permit and can furnish 
    the Department a certified letter upon request from that 
    jurisdiction attesting to the fact that the applicant has 
    no pending action or violations against his or her 
    license; The Department determines that the applicant is 
    qualified and satisfies the criteria   specified under 
    Sections 9 and 13 of this Act, except for the examination 
    requirement.
        (3) the applicant has received an invitation to 
    perform dental care by a charitable organization or has 
    received an invitation to study or receive training on 
    specific dental or clinical subjects or techniques by a 
    licensed continuing education sponsor who is approved by 
    the Department to provide clinical training in the State 
    of Illinois on patients for the welfare of Illinois 
    residents pursuant to subsection (a-5) and is in 
    compliance with the provisions of this Act;
        (4) the applicant will be working pursuant to a 
    collaborative agreement with and under the direct 
    supervision of an Illinois licensed dentist, who is in 
    good standing, during the duration of the program. The 
    supervising dentist must be physically present during all 
    clinical training courses;  and
        (5) payment of a fee established by rule.
    The Department may adopt rules to implement this 
subsection.
    (a-5) Upon Board recommendation, after the filing of an 
application, the Department may allow approved continuing 
education sponsors to be licensed to provide live patient 
continuing education clinical training courses if the 
following requirements are met:
        (1) the continuing education course provides services, 
    without compensation, that will improve the welfare of 
    Illinois residents as described in paragraph (1) of 
    subsection (a). The application to the Board must include 
    the following information for review and approval by the 
    Department:
            (i) a plan of follow-up care and training models;
            (ii) any and all documentation to be signed by the 
        patients, including, but not limited to, waivers, 
        consent forms, and releases;
            (iii) information related to the facilities being 
        utilized, staffing plans, and emergency plans;
            (iv) the process by which patients will be 
        contacted before, during, and after treatment;
            (v) the intended population that will be receiving 
        treatment; and
            (vi) proof of valid malpractice insurance for the 
        approved continuing education sponsor that extends 
        coverage to clinical staff, trainees, and out-of-state 
        permit holders that meet the requirements of 
        subsection (a);
        (2) a valid written collaborative agreement must exist 
    between the temporary visiting dentist and the Illinois 
    licensed dentist co-treating patients under this Section. 
    The collaborative agreement must include a description of 
    the care to be provided and procedures to be performed by 
    the temporary visiting dentist. There shall be no more 
    than 5 trainees per supervising dentist. A copy of this 
    agreement shall become part of the patient's dental record 
    and shall be made available upon request to the 
    Department; and
        (3) payment of a fee established by rule.
    A continuing education sponsor license issued under this 
Section shall be valid for a period of time as provided by 
rule.
    The Department shall adopt rules to implement this 
subsection.
    (b) (Blank). The  Department may not require the applicant 
to pass an examination as provided in subsection (e) of 
Section 9 of this Act in order to receive a temporary permit 
under this Section. 
    (c)  A temporary permit shall be valid for no longer than 5 
consecutive clinical days within 6 months from the date of 
issuance. The temporary permit may be issued once per year to a 
visiting dentist. Temporary permits under subsection (a) may 
be restored no more than one time within 5 years of the initial 
permits issuance. A temporary permit under this Section shall 
authorize the practice of dentistry or dental hygiene in a 
specified area of the State for a period of time not to exceed 
10 consecutive days in a year and may be renewed by the 
Department. The Department may require an applicant to pay a 
fee for the issuance or restoration renewal of a permit under 
this Section. 
    (d) (Blank). The Secretary may summarily terminate any 
permit issued pursuant to this Section, without a hearing, if 
the Secretary finds that evidence in his or her possession 
indicates that an individual permit holder's continuation in 
practice would constitute an imminent danger to the public. In 
the event that the Secretary summarily suspends a permit 
issued pursuant to this Section, the permit holder may 
petition the Department for a hearing in accordance with the 
provisions of this Act to reinstate his or her permit.
    In addition to terminating any permit issued pursuant to 
this Section, the Department may issue a monetary penalty not 
to exceed $1,000 upon the permit holder and may notify any 
state in which the permit holder has been issued a license that 
his or her Illinois permit has been terminated and the reasons 
for the termination.  The monetary penalty shall be paid within 
60 days after the effective date of the order imposing the 
penalty.  The order shall constitute a judgment and may be 
filed and execution had thereon in the same manner as any 
judgment from any court of record.  It is the intent of the 
General Assembly that a permit issued pursuant to this Section 
shall be considered a privilege and not a property right.

    (e) The temporary permit shall only permit the holder to 
practice dentistry within the scope of the dental studies and 
in conjunction with one of the following:
        (1) the charitable organization; or
        (2) a continuing education program provided by a 
    continuing education sponsor approved by the Department 
    pursuant to this Section that the permit holder is 
    attending.
    (f) The temporary visiting dentist may not administer 
conscious sedation, deep sedation, or general anesthesia.
    (g)  A patient who seeks treatment from a temporary 
visiting dentist must sign a consent form acknowledging that 
the care the patient will receive will be provided by a dentist 
not licensed in the State of Illinois and that the Illinois 
licensed dentist who has the collaborative agreement with the 
temporary visiting dentist will be responsible for all the 
follow-up care associated with the treatment rendered to the 
patient.
    (h) An application for the temporary permit shall be made 
to the Department in writing on forms prescribed by the 
Department and shall be accompanied by a nonrefundable fee 
established by rule.
    (i) An applicant for a temporary permit may be requested 
to appear before the Board to respond to questions concerning 
the applicant's qualifications to receive the permit. An 
applicant's refusal to appear before the Board may be grounds 
for denial of the application by the Department.
    (j) The Secretary may summarily cancel any permit or 
license issued pursuant to this Section without a hearing if 
the Secretary finds that evidence in his or her possession 
indicates that a continuing education sponsor licensed under 
this Section or a temporary permit holder's continuation in 
practice would constitute an imminent danger to the public or 
violate any provision of this Act or its rules.
If the 
Secretary summarily cancels a permit or license issued 
pursuant to this Section, the permit holder or licensee may 
petition the Department for a hearing in accordance with the 
provisions of subsection (b) of Section 26 of this Act to 
reinstate his or her permit or license.
    (k) In addition to terminating any permit or license 
issued pursuant to this Section, the Department may impose a 
monetary penalty not to exceed $10,000 upon the temporary 
permit holder or licensee and may notify any state in which the 
temporary permit holder or licensee has been issued a license 
that his or her Illinois permit or license has been terminated 
and the reasons for the termination. The monetary penalty 
shall be paid within 60 days after the effective date of the 
order imposing the penalty. The order shall constitute a 
judgment and may be filed and execution had thereon in the same 
manner as any judgment from any court of record. It is the 
intent of the General Assembly that a permit or license issued 
pursuant to this Section shall be considered a privilege and 
not a property right.
(Source: P.A. 96-1222, eff. 7-23-10.)

 
    Section 10. The Good Samaritan Act is amended by changing 
Section 20 as follows:
 


    (745 ILCS 49/20)



    Sec. 20. Free dental clinic; exemption from civil

liability for services
performed without compensation.
    (a)  Any person licensed under the Illinois Dental
Practice 
Act to practice
dentistry or to practice
as a dental hygienist 
who, in good faith, provides dental treatment, dental

services, diagnoses, or advice as part of the services of an 
established free
dental clinic providing care to medically 
indigent
patients which is limited to
care which does not 
require the services of a licensed hospital or ambulatory

surgical treatment center, and who receives no fee or 
compensation from that
source shall not, as a result of any 
acts or omissions, except for willful or
wanton misconduct on 
the part of the licensee, in providing dental treatment,

dental services, diagnoses or advice, be liable for civil 
damages. For purposes
of this Section, a "free dental clinic" 
is an organized
program
providing, without charge, dental care 
to
individuals unable to pay for their
care.  For purposes of 
this Section, an "organized program" is a program sponsored by 
a community, public health, charitable, voluntary, or 
organized dental organization. Free dental services provided 
under this Section may be provided at a clinic or private 
dental office. A free dental clinic may receive reimbursement 
from the
Department
of Healthcare and Family Services or may 
receive partial reimbursement from a patient based upon

ability to pay, provided any such reimbursements shall be used 
only to pay
overhead expenses of operating the free dental 
clinic and may not be used, in
whole or in part, to provide a 
fee, reimbursement, or other compensation to any person 
licensed
under the Illinois Dental Practice Act who is 
receiving an exemption under this
Section  or to any entity 
that the person owns or controls or in which the person has an 
ownership interest or from which the person receives a fee, 
reimbursement, or compensation of any kind.  Dental care shall 
not include the use of general anesthesia or require an

overnight stay in a health care facility.

    (b) A dentist who administers vaccinations as provided in 
Section 54.3 of the Illinois Dental Practice Act at a public 
health clinic operated pursuant to the Public Health District 
Act, without charge to the patient or the receipt of a fee or 
compensation from that clinic or for that service in any way, 
shall not be liable for civil damages as a result of his or her 
acts or omissions in providing vaccinations, except for 
willful or wanton misconduct.
    (c) The provisions of this Section shall not apply in any 
case unless the
free dental clinic or public health clinic has 
posted in a conspicuous place on
its premises an
explanation 
of the immunity from civil liability provided in this Section.

    (c-5) This Section does not apply to a dentist issued a 
temporary visiting dentist permit pursuant to Section 19.2 of 
the Illinois Dental Practice Act. 
    (d) The changes to this Section made by this amendatory 
Act of the 99th General Assembly apply only to causes of action 
accruing on or after the effective date of
this amendatory Act 
of the 99th General Assembly. 
(Source: P.A. 99-92, eff. 1-1-16.)