|
|
Public Act 094-1028
|
| SB0279 Enrolled |
LRB094 07052 RAS 37196 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 Sections 37 and 38.1 and by adding Section 38.2 as |
follows:
|
(225 ILCS 25/37) (from Ch. 111, par. 2337)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 37. Unlicensed practice; injunctions. The practice of |
dentistry
by any person not holding a valid
and current license |
under this Act is declared to be inimical to the public
|
welfare, to constitute a public nuisance, and to cause |
irreparable harm to
the public welfare.
|
A person is considered to practice dentistry who:
|
(1) employs a dentist, dental hygienist, or other |
entity which can provide
dental services under this Act;
|
(2) directs or controls the use of any dental equipment |
or material while
such equipment or material is being used |
for the provision of dental services,
provided that this |
provision shall not
be construed
to prohibit a person from |
obtaining professional advice or assistance in
obtaining
|
or from leasing the equipment or material, provided the |
advice, assistance, or
lease does not restrict or interfere |
with the custody, control, or use of the
equipment or |
material by the person;
|
(3) directs, controls or interferes with a dentist's or |
dental hygienist's
clinical judgment; or
|
(4) exercises direction or control, by written |
contract, license, or
otherwise, over a dentist, dental |
hygienist, or other entity which can provide
dental |
services under this Act in the selection of a course of |
treatment;
limitation of patient referrals; content of |
|
patient records; policies and
decisions relating to |
refunds (if the refund payment would be reportable under
|
federal law to the National Practitioner Data Bank) and |
warranties and the
clinical content of advertising; and |
final decisions relating to employment of
dental |
assistants and dental hygienists. Nothing in this Act |
shall, however,
be construed as prohibiting the seeking or |
giving of advice or assistance with
respect to these |
matters.
|
The purpose of this Section is to prevent a non-dentist |
from influencing or
otherwise interfering with the exercise of |
independent professional judgment by
a dentist, dental |
hygienist, or other entity which can provide dental services
|
under this Act. Nothing in this Section
shall be construed to |
prohibit insurers and managed care plans from operating
|
pursuant to the applicable provisions of the Illinois Insurance |
Code under
which the entities are licensed.
|
The Director, the Attorney General, the State's
attorney of |
any county in the State, or any person may maintain an action
|
in the name of the People of the State of Illinois, and may |
apply for
injunctive relief in any circuit court to enjoin such |
person from engaging in
such practice; and upon the filing of a |
verified petition in such court,
the court if satisfied by |
affidavit, or otherwise,
that such person has been engaged in |
such practice without a valid and
current license so to do, may |
enter a temporary restraining
order without notice
or bond, |
enjoining the defendant from such further practice. Only the
|
showing of non-licensure, by affidavit or otherwise, is |
necessary in order
for a temporary injunction to issue. A
copy |
of the verified complaint shall be served
upon the defendant |
and the proceedings shall thereafter be conducted as
in other |
civil cases except as modified by this Section. If it is
|
established that the defendant has been, or is engaged in such |
unlawful
practice, the court may enter an order or judgment
|
perpetually enjoining the defendant from further such |
practice. In all
proceedings hereunder the court, in its |
|
discretion, may apportion the costs
among the parties |
interested in the action, including cost of filing the
|
complaint, service of process, witness fees and expenses, court |
reporter
charges and reasonable attorneys' fees. In case of |
violation of any
injunctive order entered under the provisions |
of
this Section, the court may summarily try and punish the |
offender for contempt
of
court. Such injunction proceedings |
shall be in addition to, and not in
lieu of, all penalties and |
other remedies provided in this Act.
|
This Section does not apply to an executor, administrator, |
guardian, or authorized representative contracting with |
another dentist or dentists to continue the operations of a |
deceased or incapacitated dentist's practice under Section |
38.2 of this Act.
|
(Source: P.A. 91-520, eff. 1-1-00.)
|
(225 ILCS 25/38.1)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 38.1. Prohibition against interference by |
non-dentists. The purpose of
this Section is to ensure that |
each dentist or dental hygienist practicing in
this State meets |
minimum requirements for safe practice without clinical
|
interference by persons not licensed under this Act. It is the |
legislative
intent that dental services be provided only in |
accordance with the provisions
of this Act and not be delegated |
to unlicensed persons.
|
Unless otherwise authorized by this Act, a dentist or |
dental hygienist is
prohibited from providing dental services |
in this State, if the dentist or
dental hygienist:
|
(1) is employed by any person other than a dentist to |
provide dental
services, except as set forth in Section |
38.2 of this Act; or
|
(2) allows any person other than another dentist to |
direct, control, or
interfere
with the dentist's or dental |
hygienist's clinical judgment. Clinical judgment
shall |
include but not be limited to such matters as
the dentist's |
|
or dental hygienist's selection of a course of treatment,
|
limitation of patient referrals,
content of patient |
records, policies and decisions relating to refunds (if the
|
refund payment would be reportable under federal law to the |
National
Practitioner Data Bank) and warranties and the |
clinical content of advertising,
and final decisions |
relating
to employment of dental assistants and dental |
hygienists. This paragraph
shall not be construed
to limit |
a patient's right of informed consent. An executor, |
administrator, guardian, or authorized representative |
contracting with another dentist or dentists to continue |
the operations of a deceased or incapacitated dentist's |
practice under Section 38.2 of this Act who violates this |
paragraph (2) is subject to the civil penalties set forth |
in Section 8.5 of this Act.
|
(Source: P.A. 91-520, eff. 1-1-00.)
|
(225 ILCS 25/38.2 new) |
(Section scheduled to be repealed on January 1, 2016) |
Sec. 38.2. Death or incapacitation of dentist.
|
(a) The executor or administrator of a dentist's estate or |
the legal guardian or authorized representative of a dentist |
who has become incapacitated may contract with another dentist |
or dentists to continue the operations of the deceased or |
incapacitated dentist's practice (if the practice of the |
deceased or incapacitated dentist is a sole proprietorship, a |
corporation where the deceased or incapacitated dentist is the |
sole shareholder, or a limited liability company where the |
deceased or incapacitated dentist is the sole member) for a |
period of no more than one year from the time of death or |
incapacitation of the dentist or until the practice is sold, |
whichever occurs first, if all the following conditions are |
met: |
(1) The executor, administrator, guardian, or |
authorized representative executes and files with the |
Department a notification of death or incapacitation on a |
|
form provided by the Department, which notification shall |
include the following: |
(A) the name and license number of the deceased or |
incapacitated dentist;
|
(B) the name and address of the dental practice; |
(C) the name, address, and tax identification |
number of the estate; |
(D) the name and license number of each dentist who |
will operate the dental practice; and |
(E) an affirmation, under penalty of perjury, that |
the information provided is true and correct and that |
the executor, administrator, guardian, or authorized |
representative understands that any interference by |
the executor, administrator, guardian, or authorized |
representative or any agent or assignee of the |
executor, administrator, guardian, or authorized |
representative with the contracting dentist's or |
dentists' practice of dentistry or professional |
judgment or any other violation of this Section is |
grounds for an immediate termination of the operations |
of the dental practice. |
(2) Within 30 days after the death or incapacitation of |
a dentist, the executor, administrator, guardian, or |
authorized representative shall send notification of the |
death or incapacitation by mail to the last known address |
of each patient of record that has seen the deceased or |
incapacitated dentist within the previous 12 months, with |
an explanation of how copies of the practitioner's records |
may be obtained. This notice may also contain any other |
relevant information concerning the continuation of the |
dental practice. |
Continuation of the operations of the dental practice of a |
deceased or incapacitated dentist shall not begin until the |
provisions of this subsection (a) have been met. |
(b) The Secretary may terminate the operations of a dental |
practice operating pursuant to this Section if the Department |
|
has evidence of a violation of this Section or Section 23 or 24 |
of this Act. The Secretary must conduct a hearing before |
terminating the operations of a dental practice operating |
pursuant to this Section. At least 15 days before the hearing |
date, the Department (i) must notify, in writing, the executor, |
administrator, guardian, or authorized representative at the |
address provided, pursuant to item (C) of subdivision (1) of |
subsection (a) of this Section, and to the contracting dentist |
or dentists at the address of the dental practice provided |
pursuant to item (B) of subdivision (1) of subsection (a) of |
this Section, of any charges made and of the time and place of |
the hearing on the charges before the Secretary or hearing |
officer, as provided in Section 30 of this Act, (ii) direct the |
executor, administrator, guardian, or authorized |
representative to file his or her written answer to such |
charges with the Secretary under oath within 10 days after the |
service on the executor, administrator, guardian, or |
authorized representative of the notice, and (iii) inform the |
executor, administrator, guardian, or authorized |
representative that if he or she fails to file such answer, a |
default judgment will be entered against him or her and the |
operations of the dental practice shall be terminated.
|
(c) If the Secretary finds that evidence in his or her |
possession indicates that a violation of this Section or |
Section 23 or 24 of this Act constitutes an immediate threat to |
the public health, safety, or welfare, the Secretary may |
immediately terminate the operations of the dental practice |
without a hearing. Upon service by certified mail to the |
executor, administrator, guardian, or authorized |
representative, at the address provided pursuant to item (C) of |
subdivision (1) of subsection (a) of this Section, and the |
contracting dentist or dentists, at the address of the dental |
practice provided pursuant to item (B) of subdivision (1) of |
subsection (a) of this Section, of notice of an order |
immediately terminating the operations of the dental practice, |
the executor, administrator, guardian, or authorized |