Rep. Angelo Saviano
Filed: 4/12/2005
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1 | AMENDMENT TO HOUSE BILL 875
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2 | AMENDMENT NO. ______. Amend House Bill 875 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.16 and by adding Section 4.26 as follows:
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6 | (5 ILCS 80/4.16)
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7 | Sec. 4.16. Acts repealed January 1, 2006. The following | ||||||
8 | Acts are repealed January 1, 2006:
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9 | The Respiratory Care Practice Act.
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10 | The Hearing Instrument Consumer Protection Act.
| ||||||
11 | The Illinois Dental Practice Act.
| ||||||
12 | The Professional Geologist Licensing Act.
| ||||||
13 | The Illinois Athletic Trainers Practice Act.
| ||||||
14 | The Barber, Cosmetology, Esthetics, and Nail Technology | ||||||
15 | Act of 1985.
| ||||||
16 | The Collection Agency Act.
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17 | The Illinois Roofing Industry Licensing Act.
| ||||||
18 | The Illinois Physical Therapy Act.
| ||||||
19 | (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | ||||||
20 | eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | ||||||
21 | eff. 8-20-95; 89-626, eff.
8-9-96.)
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22 | (5 ILCS 80/4.26 new) | ||||||
23 | Sec. 4.26. Act repealed on January 1, 2016. The following |
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1 | Act is repealed on January 1, 2016: | ||||||
2 | The Illinois Dental Practice Act.
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3 | Section 10. The Illinois Dental Practice Act is amended by | ||||||
4 | changing Sections 4, 7, 9, 11, 16, 16.1, 19, 25, and 50 and by | ||||||
5 | adding Section 54.2 as follows:
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6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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7 | (Section scheduled to be repealed on January 1, 2006)
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8 | Sec. 4. Definitions. As used in this Act:
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9 | (a) "Department" means the Illinois Department of | ||||||
10 | Professional Regulation.
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11 | (b) "Director" means the Director of Professional | ||||||
12 | Regulation.
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13 | (c) "Board" means the Board of Dentistry established by | ||||||
14 | Section 6 of this
Act.
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15 | (d) "Dentist" means a person who has received a general | ||||||
16 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
17 | who may perform any intraoral
and extraoral procedure required | ||||||
18 | in the practice of dentistry and to whom is
reserved the | ||||||
19 | responsibilities specified in Section 17.
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20 | (e) "Dental hygienist" means a person who holds a license | ||||||
21 | under this Act to
perform dental services as authorized by | ||||||
22 | Section 18.
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23 | (f) "Dental assistant" means an appropriately trained | ||||||
24 | person
who, under the supervision of a dentist, provides dental | ||||||
25 | services
as authorized by Section 17.
| ||||||
26 | (g) "Dental laboratory" means a person, firm or corporation | ||||||
27 | which:
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28 | (i) engages in making, providing, repairing or | ||||||
29 | altering dental
prosthetic appliances and other artificial | ||||||
30 | materials and devices which are
returned to a dentist for | ||||||
31 | insertion into the human oral cavity or which
come in | ||||||
32 | contact with its adjacent structures and tissues; and
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1 | (ii) utilizes or employs a dental technician to provide | ||||||
2 | such services; and
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3 | (iii) performs such functions only for a dentist or | ||||||
4 | dentists.
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5 | (h) "Supervision" means supervision of a dental hygienist | ||||||
6 | or a dental
assistant requiring that a dentist authorize the | ||||||
7 | procedure, remain in the
dental facility while the procedure is | ||||||
8 | performed, and approve the work
performed by the dental | ||||||
9 | hygienist or dental assistant before dismissal of
the patient, | ||||||
10 | but does not mean that the dentist must be present at all
times | ||||||
11 | in the treatment room.
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12 | (i) "General supervision" means supervision of a dental | ||||||
13 | hygienist
requiring that the patient be a patient of record,
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14 | that the dentist
examine the patient in accordance with Section | ||||||
15 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
16 | dentist authorize the procedures which
are being carried
out by | ||||||
17 | a notation in the patient's record, but not requiring that a | ||||||
18 | dentist
be present when the authorized
procedures are being | ||||||
19 | performed. The
issuance of a prescription to a dental | ||||||
20 | laboratory by a
dentist does not constitute general | ||||||
21 | supervision.
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22 | (j) "Public member" means a person who is not a health | ||||||
23 | professional.
For purposes of board membership, any person with | ||||||
24 | a significant financial
interest in a health service or | ||||||
25 | profession is not a public member.
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26 | (k) "Dentistry" means the healing art which is concerned | ||||||
27 | with the
examination, diagnosis, treatment planning and care of | ||||||
28 | conditions within
the human oral cavity and its adjacent | ||||||
29 | tissues and structures, as further
specified in Section 17.
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30 | (l) "Branches of dentistry" means the various specialties | ||||||
31 | of dentistry
which, for purposes of this Act, shall be limited | ||||||
32 | to the following:
endodontics, oral and maxillofacial surgery, | ||||||
33 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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34 | periodontics, prosthodontics, and oral and maxillofacial
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1 | radiology.
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2 | (m) "Specialist" means a dentist who has received a | ||||||
3 | specialty license
pursuant to Section 11(b).
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4 | (n) "Dental technician" means a person who owns, operates | ||||||
5 | or is
employed by a dental laboratory and engages in making, | ||||||
6 | providing, repairing
or altering dental prosthetic appliances | ||||||
7 | and other artificial materials and
devices which are returned | ||||||
8 | to a dentist for insertion into the human oral
cavity or which | ||||||
9 | come in contact with its adjacent structures and tissues.
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10 | (o) "Impaired dentist" or "impaired dental hygienist" | ||||||
11 | means a dentist
or dental hygienist who is unable to practice | ||||||
12 | with
reasonable skill and safety because of a physical or | ||||||
13 | mental disability as
evidenced by a written determination or | ||||||
14 | written consent based on clinical
evidence, including | ||||||
15 | deterioration through the aging process, loss of motor
skills, | ||||||
16 | abuse of drugs or alcohol, or a psychiatric disorder, of | ||||||
17 | sufficient
degree to diminish the person's ability to deliver | ||||||
18 | competent patient care.
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19 | (p) "Nurse" means a registered professional nurse, a | ||||||
20 | certified registered
nurse anesthetist licensed as an advanced | ||||||
21 | practice
nurse, or a licensed practical nurse licensed under | ||||||
22 | the Nursing and
Advanced Practice Nursing Act.
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23 | (q) "Patient of record" means a patient for whom the | ||||||
24 | patient's most recent
dentist has obtained
a
relevant medical | ||||||
25 | and dental history and on whom the dentist has performed an
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26 | examination and evaluated the condition to be treated.
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27 | (s) "Dental emergency responder" means a dentist or dental | ||||||
28 | hygienist who is appropriately certified in emergency medical | ||||||
29 | response, as defined by the Department of Public Health.
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30 | (Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02; | ||||||
31 | 93-821, eff. 7-28-04.)
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32 | (225 ILCS 25/7) (from Ch. 111, par. 2307)
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33 | (Section scheduled to be repealed on January 1, 2006)
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1 | Sec. 7. Recommendations by Board of
Dentistry. The Director | ||||||
2 | shall consider the recommendations of the Board
in establishing | ||||||
3 | guidelines for professional conduct, for the conduct of
formal | ||||||
4 | disciplinary proceedings brought under this Act, and for
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5 | establishing guidelines for qualifications of applicants. | ||||||
6 | Notice of
proposed rulemaking shall be transmitted to the Board | ||||||
7 | and the Department
shall review the response of the Board and | ||||||
8 | any recommendations made
therein. Upon the vote of at least | ||||||
9 | 7/10 of the members of the Board, the
Department shall adopt | ||||||
10 | the recommendations of the Board in any rulemaking
under this | ||||||
11 | Act. The Department may, at any time, seek the expert advice
| ||||||
12 | and knowledge of the Board on any matter relating to the | ||||||
13 | administration or
enforcement of this Act.
The action or report | ||||||
14 | in writing of a majority of the Board shall be
sufficient | ||||||
15 | authority upon which the Director may act.
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16 | Whenever the Director is satisfied that substantial | ||||||
17 | justice has not been
done either in an examination or in the | ||||||
18 | revocation, suspension or refusal
to issue a license, the | ||||||
19 | Director may order a reexamination or rehearing.
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20 | (Source: P.A. 84-1308.)
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21 | (225 ILCS 25/9) (from Ch. 111, par. 2309)
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22 | (Section scheduled to be repealed on January 1, 2006)
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23 | Sec. 9. Qualifications of Applicants for Dental Licenses. | ||||||
24 | The
Department shall require that each applicant for a license | ||||||
25 | to
practice dentistry shall:
| ||||||
26 | (a) (Blank).
| ||||||
27 | (b) Be at least 21 years of age and of good moral | ||||||
28 | character.
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29 | (c) (1) Present satisfactory evidence of completion of | ||||||
30 | dental
education by graduation from a dental college or school | ||||||
31 | in the United
States or Canada approved by the Department. The | ||||||
32 | Department shall not approve
any dental college or school which | ||||||
33 | does not require at least (A) 60 semester
hours of collegiate |
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1 | credit or the equivalent in acceptable subjects from a
college | ||||||
2 | or university before admission, and (B) completion of at least | ||||||
3 | 4
academic years of instruction or the equivalent in an | ||||||
4 | approved dental college
or school before graduation; or
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5 | (2) Present satisfactory evidence of completion of dental | ||||||
6 | education by
graduation from a dental college or school outside | ||||||
7 | the United States or
Canada and provide satisfactory evidence | ||||||
8 | that:
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9 | (A) (blank)
the completion of a dental education | ||||||
10 | outside the United States or
Canada authorized the | ||||||
11 | applicant to practice dentistry in the country in
which he | ||||||
12 | or she completed the dental education ;
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13 | (B) the applicant has completed a minimum of 2 academic | ||||||
14 | years of general
dental clinical training at a dental | ||||||
15 | college or school in the United States or
Canada approved | ||||||
16 | by the Department, except that an applicant who was | ||||||
17 | enrolled
for not less than one year in an approved clinical | ||||||
18 | program prior to January 1,
1993 at an Illinois dental | ||||||
19 | college or school shall be required to complete only
that | ||||||
20 | program; and
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21 | (C) the applicant has received certification from the | ||||||
22 | dean of an
approved dental college or school in the United | ||||||
23 | States or Canada stating that
the applicant has achieved | ||||||
24 | the same level of scientific knowledge and clinical
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25 | competence as required of all graduates of the college or | ||||||
26 | school.
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27 | Nothing in this Act shall be construed to prevent either | ||||||
28 | the Department or
any dental college or school from | ||||||
29 | establishing higher standards than
specified in this Act.
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30 | (d) In determining professional capacity under this | ||||||
31 | Section, any
individual who has not been actively engaged in | ||||||
32 | the practice of dentistry,
has not been a dental student, or | ||||||
33 | has not been engaged in a formal program
of dental education | ||||||
34 | during the 5 years immediately preceding the filing of an
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1 | application may be required to complete such additional | ||||||
2 | testing, training, or
remedial education as the Board may deem | ||||||
3 | necessary in order to establish
the applicant's present | ||||||
4 | capacity to practice dentistry with reasonable
judgment, | ||||||
5 | skill, and safety.
| ||||||
6 | (e) Pass an examination authorized or given by the | ||||||
7 | Department
in the theory and practice of the science of | ||||||
8 | dentistry; provided,
that the Department (1) may recognize a | ||||||
9 | certificate granted by the National
Board of Dental Examiners | ||||||
10 | in lieu of, or subject to, such examination as
may be required | ||||||
11 | and (2) may recognize successful completion of the preclinical
| ||||||
12 | and clinical examination
examinations conducted by approved | ||||||
13 | regional testing services in
lieu of such examinations as may | ||||||
14 | be required. For purposes of this Section,
successful | ||||||
15 | completion shall mean that the applicant has achieved a minimum
| ||||||
16 | passing score on the regional examinations as determined by | ||||||
17 | each approved
regional testing service.
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18 | (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; | ||||||
19 | 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. | ||||||
20 | 8-9-96.)
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21 | (225 ILCS 25/11) (from Ch. 111, par. 2311)
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22 | (Section scheduled to be repealed on January 1, 2006)
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23 | Sec. 11. Types of Dental Licenses. The Department shall | ||||||
24 | have the
authority to issue the following types of licenses:
| ||||||
25 | (a) General licenses. The Department shall issue a license | ||||||
26 | authorizing
practice as a dentist to any person who qualifies | ||||||
27 | for a license under this Act.
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28 | (b) Specialty licenses. The Department shall issue a
| ||||||
29 | license authorizing practice as a specialist in any particular
| ||||||
30 | branch of dentistry to any dentist who has complied with the
| ||||||
31 | requirements established for that particular branch of | ||||||
32 | dentistry at the
time of making application. The Department | ||||||
33 | shall establish additional
requirements of any dentist who |
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1 | announces or holds himself or herself out
to the public as a | ||||||
2 | specialist or as being specially qualified in any
particular | ||||||
3 | branch of dentistry.
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4 | No dentist shall announce or hold himself or herself out to | ||||||
5 | the public as
a specialist or as being specially qualified in | ||||||
6 | any particular branch of
dentistry unless he or she is licensed | ||||||
7 | to practice in that specialty of
dentistry.
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8 | The fact that any dentist shall announce by card, | ||||||
9 | letterhead or any
other form of communication using terms as | ||||||
10 | "Specialist," "Practice
Limited To" or "Limited to Specialty | ||||||
11 | of" with the name of the branch of
dentistry practiced as a | ||||||
12 | specialty, or shall use equivalent words or
phrases to announce | ||||||
13 | the same, shall be prima facie evidence that the
dentist is | ||||||
14 | holding himself or herself out to the public as a specialist.
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15 | (c) Temporary training licenses. Persons who wish to pursue
| ||||||
16 | specialty or other advanced clinical educational programs
in an | ||||||
17 | approved dental school or a hospital situated
in this State, or | ||||||
18 | persons who wish to pursue programs of specialty
training in | ||||||
19 | dental public health in public agencies in this State, may
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20 | receive without examination, in the discretion of the | ||||||
21 | Department, a
temporary training license. In order to receive a | ||||||
22 | temporary
training license under this subsection, an applicant | ||||||
23 | shall furnish
satisfactory proof to the Department that:
| ||||||
24 | (1) The applicant is at least 21 years of age and is of | ||||||
25 | good moral
character. In determining moral character under | ||||||
26 | this Section, the
Department may take into consideration | ||||||
27 | any felony conviction of the
applicant, but such a | ||||||
28 | conviction shall not operate as bar to licensure;
| ||||||
29 | (2) The applicant has been accepted or appointed for | ||||||
30 | specialty or
residency training by an approved hospital | ||||||
31 | situated in this State, by an
approved dental school | ||||||
32 | situated in this State, or by a public health agency
in | ||||||
33 | this State the training programs of which are recognized | ||||||
34 | and approved by
the Department. The applicant shall |
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1 | indicate the beginning and ending
dates of the period for | ||||||
2 | which he or she has been accepted or appointed;
| ||||||
3 | (3) The applicant is a graduate of a dental school or | ||||||
4 | college approved
and in good standing in the judgment of | ||||||
5 | the Department.
The Department may consider diplomas or | ||||||
6 | certifications of education, or both,
accompanied by | ||||||
7 | transcripts of course work and credits awarded to determine
| ||||||
8 | if an applicant has graduated from a dental school or | ||||||
9 | college approved and
in good standing. The Department may | ||||||
10 | also consider diplomas or
certifications of education, or | ||||||
11 | both, accompanied by transcripts of course
work and credits | ||||||
12 | awarded in determining whether a dental school or college
| ||||||
13 | is approved and in good standing.
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14 | Temporary training licenses issued under this
Section | ||||||
15 | shall be valid only for the duration of the period of residency | ||||||
16 | or
specialty training and may be extended or renewed as | ||||||
17 | prescribed by rule.
The holder of a valid temporary training | ||||||
18 | license shall be entitled thereby to
perform acts as may be | ||||||
19 | prescribed by and incidental to his or her program of
residency | ||||||
20 | or specialty training; but he or she shall not be entitled to
| ||||||
21 | engage in the practice of dentistry in this State.
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22 | A temporary training license may be revoked by the
| ||||||
23 | Department upon proof that the holder has engaged in the
| ||||||
24 | practice of dentistry in this State outside of his or her | ||||||
25 | program of residency
or specialty training, or if the holder | ||||||
26 | shall fail to supply the
Department, within 10 days of its | ||||||
27 | request, with information as to his
or her current status and | ||||||
28 | activities in his or her specialty training program.
| ||||||
29 | (d) Restricted faculty licenses.
Persons who have received | ||||||
30 | full-time appointments to
teach dentistry at an approved dental | ||||||
31 | school or hospital situated in this
State may receive without | ||||||
32 | examination, in the discretion of the Department,
a restricted | ||||||
33 | faculty license. In order to
receive a restricted faculty | ||||||
34 | license an applicant shall furnish satisfactory
proof to the |
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1 | Department that:
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2 | (1) The applicant is at least 21 years of age, is of | ||||||
3 | good moral
character and is licensed to
practice dentistry | ||||||
4 | in another state or country; and
| ||||||
5 | (2) The applicant has a full-time appointment to teach
| ||||||
6 | dentistry at an approved
dental school or hospital situated | ||||||
7 | in this State.
| ||||||
8 | Restricted faculty licenses issued under
this Section | ||||||
9 | shall be
valid for a period of 3
2 years and may be extended or
| ||||||
10 | renewed. The
holder of a valid restricted faculty license
may | ||||||
11 | perform acts as may
be required by his or her teaching of | ||||||
12 | dentistry.
In addition, the holder of a restricted faculty | ||||||
13 | license may practice general
dentistry or in his or her area of | ||||||
14 | specialty, but only in a clinic or office
affiliated with the | ||||||
15 | dental school. Any restricted faculty license issued to a
| ||||||
16 | faculty member under this Section shall terminate immediately | ||||||
17 | and
automatically,
without any further action by the | ||||||
18 | Department, if the holder ceases to be a
faculty member at an | ||||||
19 | approved dental school or hospital in this State.
| ||||||
20 | The Department may revoke a restricted faculty license for | ||||||
21 | a violation of
this Act or its rules, or if the holder fails to
| ||||||
22 | supply the Department, within 10 days of its request, with | ||||||
23 | information as
to his current status and activities in his | ||||||
24 | teaching program.
| ||||||
25 | (e) Inactive status. Any person who holds one of the | ||||||
26 | licenses
under subsection (a) or (b) of Section 11 or under | ||||||
27 | Section 12 of this Act may
elect, upon payment of
the required | ||||||
28 | fee, to place his or her license on an inactive status and | ||||||
29 | shall,
subject to the rules of the
Department, be excused from | ||||||
30 | the payment of renewal fees until he or she
notifies the | ||||||
31 | Department in writing of his or her desire to resume active
| ||||||
32 | status.
| ||||||
33 | Any licensee requesting restoration from inactive status | ||||||
34 | shall be
required to pay the current renewal fee and upon |
| |||||||
| |||||||
1 | payment the Department
shall be required to restore his or her | ||||||
2 | license, as provided in Section 16 of
this Act.
| ||||||
3 | Any licensee whose license is in an
inactive status shall | ||||||
4 | not practice in the State of Illinois.
| ||||||
5 | (f) Certificates of Identification. In addition to the | ||||||
6 | licenses
authorized by this Section, the Department shall | ||||||
7 | deliver to each dentist a
certificate of identification in a | ||||||
8 | form specified by the Department.
| ||||||
9 | (Source: P.A. 92-280, eff. 1-1-02.)
| ||||||
10 | (225 ILCS 25/16) (from Ch. 111, par. 2316)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
12 | Sec. 16. Expiration, renewal and restoration of licenses. A
| ||||||
13 | The expiration
date and renewal period for each license issued | ||||||
14 | under this Act shall be valid for a period of 3 years and may be | ||||||
15 | renewed or restored for additional 3-year periods, as provided
| ||||||
16 | be set by
rule. A dentist or dental hygienist may renew a | ||||||
17 | license during the month
preceding its expiration date by | ||||||
18 | paying the required fee. A dental hygienist
shall provide proof | ||||||
19 | of current cardiopulmonary resuscitation certification at
the | ||||||
20 | time of renewal.
| ||||||
21 | Any dentist or dental hygienist whose license has expired | ||||||
22 | or whose license is
on inactive status may have his license | ||||||
23 | restored at any time within 5 years
after the expiration | ||||||
24 | thereof, upon payment of the required fee and a showing of | ||||||
25 | proof of compliance with current continuing education | ||||||
26 | requirements, as provided by rule .
| ||||||
27 | Any person whose license has been expired for more than 5 | ||||||
28 | years or who has
had his license on inactive status for more | ||||||
29 | than 5 years may have his license
restored by making | ||||||
30 | application to the Department and filing proof acceptable to
| ||||||
31 | the Department of taking continuing education and of his | ||||||
32 | fitness to have the license restored, including sworn
evidence | ||||||
33 | certifying to active practice in another jurisdiction, and by |
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| |||||||
1 | paying
the required restoration fee. A person practicing on an | ||||||
2 | expired license is
deemed to be practicing without a license. | ||||||
3 | However, a holder of a license may renew the license within 90 | ||||||
4 | days after its expiration by complying with the requirements | ||||||
5 | for renewal and payment of an additional fee. A license renewal | ||||||
6 | within 90 days after expiration shall be effective | ||||||
7 | retroactively to the expiration date.
| ||||||
8 | If a person whose license has expired or who has had his | ||||||
9 | license on inactive
status for more than 5 years has not | ||||||
10 | maintained an active practice satisfactory
to the department, | ||||||
11 | the Department shall determine, by
an evaluation process | ||||||
12 | established by rule, his or her fitness to resume
active status | ||||||
13 | and may require the person to complete a period of evaluated
| ||||||
14 | clinical experience and may require successful completion of a | ||||||
15 | practical
examination.
| ||||||
16 | However, any person whose license has
expired while he has | ||||||
17 | been engaged (1) in federal or state service active
duty, or | ||||||
18 | (2) in training or education under the supervision of the | ||||||
19 | United
States preliminary to induction into the military | ||||||
20 | service, may have his
license restored without paying any | ||||||
21 | lapsed
renewal or restoration fee, if within 2 years after | ||||||
22 | termination of such
service, training or education other than | ||||||
23 | by dishonorable discharge, he
furnishes the Department with | ||||||
24 | satisfactory proof that he has been so
engaged and that his | ||||||
25 | service, training or education has been so terminated.
| ||||||
26 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||||||
27 | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| ||||||
28 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
29 | Sec. 16.1. Continuing education. The Department shall | ||||||
30 | promulgate
rules of continuing education for persons licensed | ||||||
31 | under
this Act. In establishing rules, the Department shall | ||||||
32 | require a minimum of
48
32 hours of study in approved courses | ||||||
33 | for dentists during each 3-year
2 year
licensing period and a |
| |||||||
| |||||||
1 | minimum of 36
24 hours of study in approved courses for
dental | ||||||
2 | hygienists during each 3-year
2 year licensing period. These | ||||||
3 | continuing
education rules shall only apply to licenses renewed | ||||||
4 | after November 1, 1992.
| ||||||
5 | The Department shall approve only courses that are relevant | ||||||
6 | to the
treatment and care of patients, including, but not | ||||||
7 | limited to, clinical
courses in dentistry and dental hygiene | ||||||
8 | and nonclinical courses such as
patient management, legal and | ||||||
9 | ethical responsibilities, and stress
management. Courses shall | ||||||
10 | not be approved in such subjects as estate and
financial | ||||||
11 | planning, investments, or personal health. Approved courses | ||||||
12 | may
include, but shall not be limited to, courses that are | ||||||
13 | offered or sponsored
by approved colleges, universities, and | ||||||
14 | hospitals and by recognized
national, State, and local dental | ||||||
15 | and dental hygiene organizations.
| ||||||
16 | No license shall be renewed unless the
renewal application | ||||||
17 | is accompanied by an affidavit indicating that the
applicant | ||||||
18 | has completed the required minimum number of hours of | ||||||
19 | continuing
education in approved courses as required by this | ||||||
20 | Section.
The affidavit shall not require a listing of courses. | ||||||
21 | The affidavit
shall be a prima facie evidence that the | ||||||
22 | applicant has obtained the minimum
number of required | ||||||
23 | continuing education hours in approved courses. The
Department | ||||||
24 | shall not be obligated to conduct random
audits or otherwise | ||||||
25 | independently verify that an applicant has met the
continuing | ||||||
26 | education requirement.
The Department, however, may not | ||||||
27 | conduct random audits
of more than 10% of the licensed
dentists | ||||||
28 | and dental hygienists in any one licensing cycle
to verify | ||||||
29 | compliance
with continuing education requirements.
If the | ||||||
30 | Department, however, receives a
complaint that a licensee has | ||||||
31 | not completed the required continuing
education or if the | ||||||
32 | Department is investigating another alleged violation
of this | ||||||
33 | Act by a licensee, the Department may demand and shall be | ||||||
34 | entitled
to receive evidence from any licensee of completion of |
| |||||||
| |||||||
1 | required
continuing education courses for the most recently | ||||||
2 | completed 3-year
2 year
licensing period.
Evidence of | ||||||
3 | continuing education may include, but is not limited to, | ||||||
4 | canceled
checks, official verification forms of attendance, | ||||||
5 | and continuing education
recording forms, that demonstrate a | ||||||
6 | reasonable record of attendance. The
Illinois State Board of
| ||||||
7 | Dentistry shall determine, in accordance with rules adopted by | ||||||
8 | the
Department,
whether a licensee or applicant has met the | ||||||
9 | continuing education
requirements.
Any dentist who holds more | ||||||
10 | than one license under this
Act shall be required to complete
| ||||||
11 | only the minimum number of hours of continuing education | ||||||
12 | required for
renewal of a single license. The Department may | ||||||
13 | provide exemptions from
continuing education requirements. The | ||||||
14 | exemptions shall include, but shall
not be limited to, dentists | ||||||
15 | and dental hygienists who agree not to practice
within the | ||||||
16 | State during the licensing period because they are retired from
| ||||||
17 | practice.
| ||||||
18 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544, | ||||||
19 | eff.
1-1-98.)
| ||||||
20 | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
22 | Sec. 19. Licensing Applicants from other States. Any person | ||||||
23 | who has
been lawfully licensed to practice dentistry , including | ||||||
24 | the practice of a licensed dental specialty, or dental hygiene | ||||||
25 | in
another state or territory
which has and maintains a | ||||||
26 | standard for the practice of dentistry , a dental specialty, or | ||||||
27 | dental
hygiene at least equal to that now maintained in this | ||||||
28 | State, or if the
requirements for licensure in such state or | ||||||
29 | territory in which the
applicant was licensed were, at the date | ||||||
30 | of his licensure, substantially
equivalent to the requirements | ||||||
31 | then in force in this State, and who has
been lawfully engaged | ||||||
32 | in
the practice of dentistry or dental hygiene for at least 3 | ||||||
33 | of the 5 years
immediately preceding the filing of his or her |
| |||||||
| |||||||
1 | application
to practice in this State
and who shall deposit | ||||||
2 | with the Department a duly attested certificate from
the Board | ||||||
3 | of the state or territory in which he or she is licensed,
| ||||||
4 | certifying to the fact of his or her licensing and of his or | ||||||
5 | her being a
person of good moral character may, upon payment of | ||||||
6 | the required fee, be
granted a license to practice dentistry , a | ||||||
7 | dental specialty, or dental hygiene in this State, as the case | ||||||
8 | may be.
| ||||||
9 | For the purposes of this Section, in computing 3 of the | ||||||
10 | immediately
preceding 5 years of
practice in another state or | ||||||
11 | territory, any person who left the practice
of dentistry to | ||||||
12 | enter the military service and who practiced dentistry
while in | ||||||
13 | the military service may count as a part of such period the
| ||||||
14 | time spent by him in such service.
| ||||||
15 | Applicants have 3 years from the date of application to | ||||||
16 | complete the
application process. If the process has not been | ||||||
17 | completed in 3 years,
the application shall be denied, the fee | ||||||
18 | forfeited and the
applicant must reapply and meet the | ||||||
19 | requirements in effect at the time of
reapplication.
| ||||||
20 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||||||
21 | (225 ILCS 25/25) (from Ch. 111, par. 2325)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
23 | Sec. 25. Notice of hearing; investigations and informal
| ||||||
24 | conferences.
| ||||||
25 | (a) Upon the motion of
either the Department or the Board | ||||||
26 | or upon the verified complaint
in writing of any person setting | ||||||
27 | forth facts which
if proven would constitute grounds for | ||||||
28 | refusal, suspension or revocation
of license under this Act, | ||||||
29 | the Board shall
investigate the actions of any
person, | ||||||
30 | hereinafter called the respondent, who holds or
represents that | ||||||
31 | he
holds a license. All such motions or complaints shall be | ||||||
32 | brought to the Board.
| ||||||
33 | (b) Prior to taking an in-person statement from a dentist |
| |||||||
| |||||||
1 | or
dental hygienist who is the subject of a complaint, the | ||||||
2 | investigator shall
inform the dentist or the dental hygienist | ||||||
3 | in writing:
| ||||||
4 | (1) that the dentist or dental hygienist is the subject | ||||||
5 | of a complaint;
and
| ||||||
6 | (2) that the dentist or dental hygienist
need not | ||||||
7 | immediately proceed with the interview and may seek | ||||||
8 | appropriate
consultation prior to consenting to the | ||||||
9 | interview ; and
.
| ||||||
10 | (3) that failure of the dentist or dental hygienist to | ||||||
11 | proceed with the interview shall not prohibit the | ||||||
12 | Department from conducting a visual inspection of the | ||||||
13 | facility.
| ||||||
14 | A Department investigator's failure to comply with this | ||||||
15 | subsection may not
be the sole ground for dismissal of any | ||||||
16 | order of the Department filed upon a
finding of a violation or | ||||||
17 | for dismissal of a pending investigation.
| ||||||
18 | (c) If the Department concludes on the basis of a complaint | ||||||
19 | or its initial
investigation that there is a possible violation | ||||||
20 | of the Act,
the
Department may:
| ||||||
21 | (1) schedule a hearing pursuant to this Act; or
| ||||||
22 | (2) request
in writing that the dentist or dental | ||||||
23 | hygienist being investigated attend an
informal
conference | ||||||
24 | with representatives of the Department.
| ||||||
25 | The request for an informal conference shall contain the | ||||||
26 | nature of the
alleged actions or
inactions that constitute the | ||||||
27 | possible violations.
| ||||||
28 | A dentist or dental hygienist shall be allowed to have | ||||||
29 | legal counsel at the
informal conference. If the informal | ||||||
30 | conference results in a consent order
between the accused | ||||||
31 | dentist or dental hygienist and the Department, the
consent | ||||||
32 | order
must be approved by the Board and the Director. | ||||||
33 | Participation in
the informal conference by a dentist, a dental | ||||||
34 | hygienist, or the Department and
any admissions or
stipulations |
| |||||||
| |||||||
1 | made by a dentist, a dental hygienist, or the Department at the
| ||||||
2 | informal conference,
including any agreements in a consent | ||||||
3 | order that is subsequently disapproved
by either the Board or | ||||||
4 | the Director, shall not be used against the dentist,
dental | ||||||
5 | hygienist, or Department at any subsequent hearing and shall | ||||||
6 | not become
a part of the
record of the hearing.
| ||||||
7 | (d) The Director shall, before suspending, revoking, | ||||||
8 | placing on
probationary
status, or taking any other | ||||||
9 | disciplinary action as the Director may deem
proper with regard | ||||||
10 | to any license, at least 30 days prior
to the date set for the | ||||||
11 | hearing, notify the respondent in
writing of any charges
made | ||||||
12 | and the time and place for a hearing of the charges before the | ||||||
13 | Board,
direct him or her to file his or her written answer | ||||||
14 | thereto to the Board
under oath within 20 days after the | ||||||
15 | service on him or her of such notice
and inform him or her that | ||||||
16 | if he or she fails to file such answer default
will be taken | ||||||
17 | against him or her and his or her license may be suspended,
| ||||||
18 | revoked, placed on probationary status,
or other disciplinary | ||||||
19 | action may be taken with regard thereto, including
limiting the | ||||||
20 | scope, nature or extent of his or her practice, as the Director
| ||||||
21 | may deem proper.
| ||||||
22 | (e) Such written notice and any notice in such proceedings | ||||||
23 | thereafter
may be
served by delivery personally to the | ||||||
24 | respondent, or by
registered or
certified mail to the address | ||||||
25 | last theretofore specified by the respondent
in his or her last | ||||||
26 | notification to the Director.
| ||||||
27 | (Source: P.A. 91-689, eff. 1-1-01.)
| ||||||
28 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
29 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
30 | Sec. 50. Patient Records. Every dentist shall make
a record | ||||||
31 | of all dental work performed for each patient. The record shall
| ||||||
32 | be made in a manner and in sufficient detail that it may be | ||||||
33 | used for
identification purposes.
|
| |||||||
| |||||||
1 | Dental records required by this Section shall be maintained | ||||||
2 | for 10 years.
Dental records required to be maintained under | ||||||
3 | this Section, or copies
of those dental records, shall be made | ||||||
4 | available upon request to the
patient or the patient's | ||||||
5 | guardian . A dentist shall be entitled to reasonable | ||||||
6 | reimbursement for the cost of reproducing these records, which | ||||||
7 | shall not exceed the cost allowed under Section 8-2003 of the | ||||||
8 | Code of Civil Procedure , provided that the reasonable cost of
| ||||||
9 | reproducing the records has been paid by the patient or the | ||||||
10 | patient's
guardian .
| ||||||
11 | (Source: P.A. 87-576.)
| ||||||
12 | (225 ILCS 25/54.2 new)
| ||||||
13 | Sec. 54.2. Dental emergency responders. A dentist or dental | ||||||
14 | hygienist who is a dental emergency responder is deemed to be | ||||||
15 | acting within the bounds of his or her license when providing | ||||||
16 | care during a declared local, State, or national emergency.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|