Rep. Michael J. Zalewski

Filed: 11/3/2015

 

 


 

 


 
09900HB0853ham001LRB099 04677 MLM 39328 a

1
AMENDMENT TO HOUSE BILL 853

2    AMENDMENT NO. ______. Amend House Bill 853 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.36 as follows:
 
6    (5 ILCS 80/4.36)
7    Sec. 4.36. Acts Act repealed on January 1, 2026. The
8following Acts are Act is repealed on January 1, 2026:
9    The Barber, Cosmetology, Esthetics, Hair Braiding, and
10Nail Technology Act of 1985.
11    The Collection Agency Act.
12    The Hearing Instrument Consumer Protection Act.
13    The Illinois Athletic Trainers Practice Act.
14    The Illinois Dental Practice Act.
15    The Illinois Roofing Industry Licensing Act.
16    The Illinois Physical Therapy Act.

 

 

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1    The Professional Geologist Licensing Act.
2    The Respiratory Care Practice Act.
3(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
499-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
599-427, eff. 8-21-15; 99-469, eff. 8-26-15; revised 9-4-15.)
 
6    (5 ILCS 80/4.26 rep.)
7    Section 10. The Regulatory Sunset Act is amended by
8repealing Section 4.26.
 
9    Section 15. The Illinois Dental Practice Act is amended by
10changing Sections 4, 6, 8.5, 16.1, 17, 18, 23, 24, 25, 26, 29,
1130, 41, and 50 and by adding Section 18.1 as follows:
 
12    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
13    (Text of Section before amendment by P.A. 99-25)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 4. Definitions. As used in this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's or licensee's application
18file or license file as maintained by the Department's
19licensure maintenance unit. It is the duty of the applicant or
20licensee to inform the Department of any change of address and
21those changes must be made either through the Department's
22website or by contacting the Department.
23    "Department" means the Department of Financial and

 

 

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1Professional Regulation.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Board" means the Board of Dentistry.
5    "Dentist" means a person who has received a general license
6pursuant to paragraph (a) of Section 11 of this Act and who may
7perform any intraoral and extraoral procedure required in the
8practice of dentistry and to whom is reserved the
9responsibilities specified in Section 17.
10    "Dental hygienist" means a person who holds a license under
11this Act to perform dental services as authorized by Section
1218.
13    "Dental assistant" means an appropriately trained person
14who, under the supervision of a dentist, provides dental
15services as authorized by Section 17.
16    "Dental laboratory" means a person, firm or corporation
17which:
18        (i) engages in making, providing, repairing or
19    altering dental prosthetic appliances and other artificial
20    materials and devices which are returned to a dentist for
21    insertion into the human oral cavity or which come in
22    contact with its adjacent structures and tissues; and
23        (ii) utilizes or employs a dental technician to provide
24    such services; and
25        (iii) performs such functions only for a dentist or
26    dentists.

 

 

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1    "Supervision" means supervision of a dental hygienist or a
2dental assistant requiring that a dentist authorize the
3procedure, remain in the dental facility while the procedure is
4performed, and approve the work performed by the dental
5hygienist or dental assistant before dismissal of the patient,
6but does not mean that the dentist must be present at all times
7in the treatment room.
8    "General supervision" means supervision of a dental
9hygienist requiring that the patient be a patient of record,
10that the dentist examine the patient in accordance with Section
1118 prior to treatment by the dental hygienist, and that the
12dentist authorize the procedures which are being carried out by
13a notation in the patient's record, but not requiring that a
14dentist be present when the authorized procedures are being
15performed. The issuance of a prescription to a dental
16laboratory by a dentist does not constitute general
17supervision.
18    "Public member" means a person who is not a health
19professional. For purposes of board membership, any person with
20a significant financial interest in a health service or
21profession is not a public member.
22    "Dentistry" means the healing art which is concerned with
23the examination, diagnosis, treatment planning and care of
24conditions within the human oral cavity and its adjacent
25tissues and structures, as further specified in Section 17.
26    "Branches of dentistry" means the various specialties of

 

 

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1dentistry which, for purposes of this Act, shall be limited to
2the following: endodontics, oral and maxillofacial surgery,
3orthodontics and dentofacial orthopedics, pediatric dentistry,
4periodontics, prosthodontics, and oral and maxillofacial
5radiology.
6    "Specialist" means a dentist who has received a specialty
7license pursuant to Section 11(b).
8    "Dental technician" means a person who owns, operates or is
9employed by a dental laboratory and engages in making,
10providing, repairing or altering dental prosthetic appliances
11and other artificial materials and devices which are returned
12to a dentist for insertion into the human oral cavity or which
13come in contact with its adjacent structures and tissues.
14    "Impaired dentist" or "impaired dental hygienist" means a
15dentist or dental hygienist who is unable to practice with
16reasonable skill and safety because of a physical or mental
17disability as evidenced by a written determination or written
18consent based on clinical evidence, including deterioration
19through the aging process, loss of motor skills, abuse of drugs
20or alcohol, or a psychiatric disorder, of sufficient degree to
21diminish the person's ability to deliver competent patient
22care.
23    "Nurse" means a registered professional nurse, a certified
24registered nurse anesthetist licensed as an advanced practice
25nurse, or a licensed practical nurse licensed under the Nurse
26Practice Act.

 

 

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1    "Patient of record" means a patient for whom the patient's
2most recent dentist has obtained a relevant medical and dental
3history and on whom the dentist has performed an examination
4and evaluated the condition to be treated.
5    "Dental emergency responder" means a dentist or dental
6hygienist who is appropriately certified in emergency medical
7response, as defined by the Department of Public Health.
8    "Mobile dental van or portable dental unit" means any
9self-contained or portable dental unit in which dentistry is
10practiced that can be moved, towed, or transported from one
11location to another in order to establish a location where
12dental services can be provided.
13    "Public health dental hygienist" means a hygienist who
14holds a valid license to practice in the State, has 2 years of
15full-time clinical experience or an equivalent of 4,000 hours
16of clinical experience and has completed 72 hours of additional
17course work in areas specific to public health dentistry,
18including, but not limited to, emergency procedures for
19medically compromised patients, pharmacology, medical
20recordkeeping procedures, geriatric dentistry, pediatric
21dentistry, and pathology, and works in a public health setting
22pursuant to a written public health supervision agreement as
23defined by rule by the Department with a dentist working in or
24contracted with a local or State government agency or
25institution or who is providing services as part of a certified
26school-based program or school-based oral health program.

 

 

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1    "Public health setting" means a federally qualified health
2center; a federal, State, or local public health facility; Head
3Start; a special supplemental nutrition program for Women,
4Infants, and Children (WIC) facility; or a certified
5school-based health center or school-based oral health
6program.
7    "Public health supervision" means the supervision of a
8public health dental hygienist by a licensed dentist who has a
9written public health supervision agreement with that public
10health dental hygienist while working in an approved facility
11or program that allows the public health dental hygienist to
12treat patients, without a dentist first examining the patient
13and being present in the facility during treatment, (1) who are
14eligible for Medicaid or (2) who are uninsured and whose
15household income is not greater than 200% of the federal
16poverty level.
17(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
18    (Text of Section after amendment by P.A. 99-25)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 4. Definitions. As used in this Act:
21    "Address of record" means the designated address recorded
22by the Department in the applicant's or licensee's application
23file or license file as maintained by the Department's
24licensure maintenance unit. It is the duty of the applicant or
25licensee to inform the Department of any change of address and

 

 

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1those changes must be made either through the Department's
2website or by contacting the Department.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Secretary" means the Secretary of Financial and
6Professional Regulation.
7    "Board" means the Board of Dentistry.
8    "Dentist" means a person who has received a general license
9pursuant to paragraph (a) of Section 11 of this Act and who may
10perform any intraoral and extraoral procedure required in the
11practice of dentistry and to whom is reserved the
12responsibilities specified in Section 17.
13    "Dental hygienist" means a person who holds a license under
14this Act to perform dental services as authorized by Section
1518.
16    "Dental assistant" means an appropriately trained person
17who, under the supervision of a dentist, provides dental
18services as authorized by Section 17.
19    "Dental laboratory" means a person, firm or corporation
20which:
21        (i) engages in making, providing, repairing or
22    altering dental prosthetic appliances and other artificial
23    materials and devices which are returned to a dentist for
24    insertion into the human oral cavity or which come in
25    contact with its adjacent structures and tissues; and
26        (ii) utilizes or employs a dental technician to provide

 

 

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1    such services; and
2        (iii) performs such functions only for a dentist or
3    dentists.
4    "Supervision" means supervision of a dental hygienist or a
5dental assistant requiring that a dentist authorize the
6procedure, remain in the dental facility while the procedure is
7performed, and approve the work performed by the dental
8hygienist or dental assistant before dismissal of the patient,
9but does not mean that the dentist must be present at all times
10in the treatment room.
11    "General supervision" means supervision of a dental
12hygienist requiring that the patient be a patient of record,
13that the dentist examine the patient in accordance with Section
1418 prior to treatment by the dental hygienist, and that the
15dentist authorize the procedures which are being carried out by
16a notation in the patient's record, but not requiring that a
17dentist be present when the authorized procedures are being
18performed. The issuance of a prescription to a dental
19laboratory by a dentist does not constitute general
20supervision.
21    "Public member" means a person who is not a health
22professional. For purposes of board membership, any person with
23a significant financial interest in a health service or
24profession is not a public member.
25    "Dentistry" means the healing art which is concerned with
26the examination, diagnosis, treatment planning and care of

 

 

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1conditions within the human oral cavity and its adjacent
2tissues and structures, as further specified in Section 17.
3    "Branches of dentistry" means the various specialties of
4dentistry which, for purposes of this Act, shall be limited to
5the following: endodontics, oral and maxillofacial surgery,
6orthodontics and dentofacial orthopedics, pediatric dentistry,
7periodontics, prosthodontics, and oral and maxillofacial
8radiology.
9    "Specialist" means a dentist who has received a specialty
10license pursuant to Section 11(b).
11    "Dental technician" means a person who owns, operates or is
12employed by a dental laboratory and engages in making,
13providing, repairing or altering dental prosthetic appliances
14and other artificial materials and devices which are returned
15to a dentist for insertion into the human oral cavity or which
16come in contact with its adjacent structures and tissues.
17    "Impaired dentist" or "impaired dental hygienist" means a
18dentist or dental hygienist who is unable to practice with
19reasonable skill and safety because of a physical or mental
20disability as evidenced by a written determination or written
21consent based on clinical evidence, including deterioration
22through the aging process, loss of motor skills, abuse of drugs
23or alcohol, or a psychiatric disorder, of sufficient degree to
24diminish the person's ability to deliver competent patient
25care.
26    "Nurse" means a registered professional nurse, a certified

 

 

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1registered nurse anesthetist licensed as an advanced practice
2nurse, or a licensed practical nurse licensed under the Nurse
3Practice Act.
4    "Patient of record" means a patient for whom the patient's
5most recent dentist has obtained a relevant medical and dental
6history and on whom the dentist has performed an examination
7and evaluated the condition to be treated.
8    "Dental responder" means a dentist or dental hygienist who
9is appropriately certified in disaster preparedness,
10immunizations, and dental humanitarian medical response
11consistent with the Society of Disaster Medicine and Public
12Health and training certified by the National Incident
13Management System or the National Disaster Life Support
14Foundation.
15    "Mobile dental van or portable dental unit" means any
16self-contained or portable dental unit in which dentistry is
17practiced that can be moved, towed, or transported from one
18location to another in order to establish a location where
19dental services can be provided.
20    "Public health dental hygienist" means a hygienist who
21holds a valid license to practice in the State, has 2 years of
22full-time clinical experience or an equivalent of 4,000 hours
23of clinical experience and has completed 72 hours of additional
24course work in areas specific to public health dentistry,
25including, but not limited to, emergency procedures for
26medically compromised patients, pharmacology, medical

 

 

09900HB0853ham001- 12 -LRB099 04677 MLM 39328 a

1recordkeeping procedures, geriatric dentistry, pediatric
2dentistry, and pathology, and works in a public health setting
3pursuant to a written public health supervision agreement as
4defined by rule by the Department with a dentist working in or
5contracted with a local or State government agency or
6institution or who is providing services as part of a certified
7school-based program or school-based oral health program.
8    "Public health setting" means a federally qualified health
9center; a federal, State, or local public health facility; Head
10Start; a special supplemental nutrition program for Women,
11Infants, and Children (WIC) facility; or a certified
12school-based health center or school-based oral health
13program.
14    "Public health supervision" means the supervision of a
15public health dental hygienist by a licensed dentist who has a
16written public health supervision agreement with that public
17health dental hygienist while working in an approved facility
18or program that allows the public health dental hygienist to
19treat patients, without a dentist first examining the patient
20and being present in the facility during treatment, (1) who are
21eligible for Medicaid or (2) who are uninsured and whose
22household income is not greater than 200% of the federal
23poverty level.
24(Source: P.A. 99-25, eff. 1-1-16.)
 
25    (225 ILCS 25/6)   (from Ch. 111, par. 2306)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 6. Board of Dentistry - Report By Majority Required.
3There is created a Board of Dentistry, to be composed of
4persons designated from time to time by the Secretary, as
5follows:
6    Eleven persons, 8 of whom have been dentists for a period
7of 5 years or more; 2 of whom have been dental hygienists for a
8period of 5 years or more, and one public member. None of the
9members shall be an officer, dean, assistant dean, or associate
10dean of a dental college or dental department of an institute
11of learning, nor shall any member be the program director of
12any dental hygiene program. A board member who holds a faculty
13position in a dental school or dental hygiene program shall not
14participate in the examination of applicants for licenses from
15that school or program. The dental hygienists shall not
16participate in the examination of applicants for licenses to
17practice dentistry. The public member shall not participate in
18the examination of applicants for licenses to practice
19dentistry or dental hygiene. The board shall annually elect a
20chairman and vice-chairman who shall be dentists a dentist.
21    Terms for all members shall be for 4 years. Partial terms
22over 2 years in length shall be considered as full terms. A
23member may be reappointed for a successive term, but no member
24shall serve more than 2 full terms in his or her lifetime.
25    The membership of the Board shall include only residents
26from various geographic areas of this State and shall include

 

 

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1at least some graduates from various institutions of dental
2education in this State.
3    In making appointments to the Board the Secretary shall
4give due consideration to recommendations by organizations of
5the dental profession in Illinois, including the Illinois State
6Dental Society and Illinois Dental Hygienists Association, and
7shall promptly give due notice to such organizations of any
8vacancy in the membership of the Board. The Secretary may
9terminate the appointment of any member for cause which in the
10opinion of the Secretary reasonably justifies such
11termination.
12    A vacancy in the membership of the Board shall not impair
13the right of a quorum to exercise all the rights and perform
14all the duties of the Board. Any action to be taken by the
15Board under this Act may be authorized by resolution at any
16regular or special meeting, and each such resolution shall take
17effect immediately. The Board shall meet at least quarterly.
18The Board may adopt all rules and regulations necessary and
19incident to its powers and duties under this Act.
20    The members of the Board shall each receive as compensation
21a reasonable sum as determined by the Secretary for each day
22actually engaged in the duties of the office, and all
23legitimate and necessary expense incurred in attending the
24meetings of the Board.
25    Members of the Board shall be immune from suit in any
26action based upon any disciplinary proceedings or other

 

 

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1activities performed in good faith as members of the Board.
2(Source: P.A. 97-1013, eff. 8-17-12.)
 
3    (225 ILCS 25/8.5)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 8.5. Unlicensed practice; violation; civil penalty.
6    (a) Any person who practices, offers to practice, attempts
7to practice, or holds oneself out to practice dentistry or
8dental hygiene without being licensed under this Act shall, in
9addition to any other penalty provided by law, pay a civil
10penalty to the Department in an amount not to exceed $10,000
11for each offense as determined by the Department. The civil
12penalty shall be assessed by the Department after a hearing is
13held in accordance with the provisions set forth in this Act
14regarding the provision of a hearing for the discipline of a
15licensee.
16    (b) The Department has the authority and power to
17investigate any and all unlicensed activity.
18    (c) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty. The
20order shall constitute a judgment and may be filed and
21execution had thereon in the same manner as any judgment from
22any court of record.
23(Source: P.A. 88-223; 89-80, eff. 6-30-95.)
 
24    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 16.1. Continuing education. The Department shall
3promulgate rules of continuing education for persons licensed
4under this Act. In establishing rules, the Department shall
5require a minimum of 48 hours of study in approved courses for
6dentists during each 3-year licensing period and a minimum of
736 hours of study in approved courses for dental hygienists
8during each 3-year licensing period.
9    The Department shall approve only courses that are relevant
10to the treatment and care of patients, including, but not
11limited to, clinical courses in dentistry and dental hygiene
12and nonclinical courses such as patient management, legal and
13ethical responsibilities, and stress management. The
14Department shall allow up to 4 hours of continuing education
15credit hours per license renewal period for volunteer hours
16spent providing clinical services at, or sponsored by, a
17nonprofit community clinic, local or state health department,
18or a charity event. Courses shall not be approved in such
19subjects as estate and financial planning, investments, or
20personal health. Approved courses may include, but shall not be
21limited to, courses that are offered or sponsored by approved
22colleges, universities, and hospitals and by recognized
23national, State, and local dental and dental hygiene
24organizations.
25    No license shall be renewed unless the renewal application
26is accompanied by an affidavit indicating that the applicant

 

 

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1has completed the required minimum number of hours of
2continuing education in approved courses as required by this
3Section. The affidavit shall not require a listing of courses.
4The affidavit shall be a prima facie evidence that the
5applicant has obtained the minimum number of required
6continuing education hours in approved courses. The Department
7shall not be obligated to conduct random audits or otherwise
8independently verify that an applicant has met the continuing
9education requirement. The Department, however, may not
10conduct random audits of more than 10% of the licensed dentists
11and dental hygienists in any one licensing cycle to verify
12compliance with continuing education requirements. If the
13Department, however, receives a complaint that a licensee has
14not completed the required continuing education or if the
15Department is investigating another alleged violation of this
16Act by a licensee, the Department may demand and shall be
17entitled to receive evidence from any licensee of completion of
18required continuing education courses for the most recently
19completed 3-year licensing period. Evidence of continuing
20education may include, but is not limited to, canceled checks,
21official verification forms of attendance, and continuing
22education recording forms, that demonstrate a reasonable
23record of attendance. The Board shall determine, in accordance
24with rules adopted by the Department, whether a licensee or
25applicant has met the continuing education requirements. Any
26dentist who holds more than one license under this Act shall be

 

 

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1required to complete only the minimum number of hours of
2continuing education required for renewal of a single license.
3The Department may provide exemptions from continuing
4education requirements. The exemptions shall include, but
5shall not be limited to, dentists and dental hygienists who
6agree not to practice within the State during the licensing
7period because they are retired from practice.
8(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
9    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 17. Acts Constituting the Practice of Dentistry. A
12person practices dentistry, within the meaning of this Act:
13        (1) Who represents himself or herself as being able to
14    diagnose or diagnoses, treats, prescribes, or operates for
15    any disease, pain, deformity, deficiency, injury, or
16    physical condition of the human tooth, teeth, alveolar
17    process, gums or jaw; or
18        (2) Who is a manager, proprietor, operator or conductor
19    of a business where dental operations are performed; or
20        (3) Who performs dental operations of any kind; or
21        (4) Who uses an X-Ray machine or X-Ray films for dental
22    diagnostic purposes; or
23        (5) Who extracts a human tooth or teeth, or corrects or
24    attempts to correct malpositions of the human teeth or
25    jaws; or

 

 

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1        (6) Who offers or undertakes, by any means or method,
2    to diagnose, treat or remove stains, calculus, and bonding
3    materials from human teeth or jaws; or
4        (7) Who uses or administers local or general
5    anesthetics in the treatment of dental or oral diseases or
6    in any preparation incident to a dental operation of any
7    kind or character; or
8        (8) Who takes impressions of the human tooth, teeth, or
9    jaws or performs any phase of any operation incident to the
10    replacement of a part of a tooth, a tooth, teeth or
11    associated tissues by means of a filling, crown, a bridge,
12    a denture or other appliance; or
13        (9) Who offers to furnish, supply, construct,
14    reproduce or repair, or who furnishes, supplies,
15    constructs, reproduces or repairs, prosthetic dentures,
16    bridges or other substitutes for natural teeth, to the user
17    or prospective user thereof; or
18        (10) Who instructs students on clinical matters or
19    performs any clinical operation included in the curricula
20    of recognized dental schools and colleges; or
21        (11) Who takes impressions of human teeth or places his
22    or her hands in the mouth of any person for the purpose of
23    applying teeth whitening materials, or who takes
24    impressions of human teeth or places his or her hands in
25    the mouth of any person for the purpose of assisting in the
26    application of teeth whitening materials. A person does not

 

 

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1    practice dentistry when he or she discloses to the consumer
2    that he or she is not licensed as a dentist under this Act
3    and (i) discusses the use of teeth whitening materials with
4    a consumer purchasing these materials; (ii) provides
5    instruction on the use of teeth whitening materials with a
6    consumer purchasing these materials; or (iii) provides
7    appropriate equipment on-site to the consumer for the
8    consumer to self-apply teeth whitening materials.
9    The fact that any person engages in or performs, or offers
10to engage in or perform, any of the practices, acts, or
11operations set forth in this Section, shall be prima facie
12evidence that such person is engaged in the practice of
13dentistry.
14    The following practices, acts, and operations, however,
15are exempt from the operation of this Act:
16        (a) The rendering of dental relief in emergency cases
17    in the practice of his or her profession by a physician or
18    surgeon, licensed as such under the laws of this State,
19    unless he or she undertakes to reproduce or reproduces lost
20    parts of the human teeth in the mouth or to restore or
21    replace lost or missing teeth in the mouth; or
22        (b) The practice of dentistry in the discharge of their
23    official duties by dentists in any branch of the Armed
24    Services of the United States, the United States Public
25    Health Service, or the United States Veterans
26    Administration; or

 

 

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1        (c) The practice of dentistry by students in their
2    course of study in dental schools or colleges approved by
3    the Department, when acting under the direction and
4    supervision of dentists acting as instructors; or
5        (d) The practice of dentistry by clinical instructors
6    in the course of their teaching duties in dental schools or
7    colleges approved by the Department:
8            (i) when acting under the direction and
9        supervision of dentists, provided that such clinical
10        instructors have instructed continuously in this State
11        since January 1, 1986; or
12            (ii) when holding the rank of full professor at
13        such approved dental school or college and possessing a
14        current valid license or authorization to practice
15        dentistry in another country; or
16        (e) The practice of dentistry by licensed dentists of
17    other states or countries at meetings of the Illinois State
18    Dental Society or component parts thereof, alumni meetings
19    of dental colleges, or any other like dental organizations,
20    while appearing as clinicians; or
21        (f) The use of X-Ray machines for exposing X-Ray films
22    of dental or oral tissues by dental hygienists or dental
23    assistants; or
24        (g) The performance of any dental service by a dental
25    assistant, if such service is performed under the
26    supervision and full responsibility of a dentist.

 

 

09900HB0853ham001- 22 -LRB099 04677 MLM 39328 a

1        For purposes of this paragraph (g), "dental service" is
2    defined to mean any intraoral procedure or act which shall
3    be prescribed by rule or regulation of the Department.
4    Dental service, however, shall not include:
5            (1) Any and all diagnosis of or prescription for
6        treatment of disease, pain, deformity, deficiency,
7        injury or physical condition of the human teeth or
8        jaws, or adjacent structures.
9            (2) Removal of, or restoration of, or addition to
10        the hard or soft tissues of the oral cavity, except for
11        the placing, carving, and finishing of amalgam
12        restorations by dental assistants who have had
13        additional formal education and certification as
14        determined by the Department. A dentist utilizing
15        dental assistants shall not supervise more than 4
16        dental assistants at any one time for placing, carving,
17        and finishing of amalgam restorations.
18            (3) Any and all correction of malformation of teeth
19        or of the jaws.
20            (4) Administration of anesthetics, except for
21        monitoring of nitrous oxide, conscious sedation, deep
22        sedation, and general anesthetic as provided in
23        Section 8.1 of this Act, that may be performed only
24        after successful completion of a training program
25        approved by the Department. A dentist utilizing dental
26        assistants shall not supervise more than 4 dental

 

 

09900HB0853ham001- 23 -LRB099 04677 MLM 39328 a

1        assistants at any one time for the monitoring of
2        nitrous oxide.
3            (5) Removal of calculus from human teeth.
4            (6) Taking of impressions for the fabrication of
5        prosthetic appliances, crowns, bridges, inlays,
6        onlays, or other restorative or replacement dentistry.
7            (7) The operative procedure of dental hygiene
8        consisting of oral prophylactic procedures, except for
9        coronal polishing and pit and fissure sealants, which
10        may be performed by a dental assistant who has
11        successfully completed a training program approved by
12        the Department. Dental assistants may perform coronal
13        polishing under the following circumstances: (i) the
14        coronal polishing shall be limited to polishing the
15        clinical crown of the tooth and existing restorations,
16        supragingivally; (ii) the dental assistant performing
17        the coronal polishing shall be limited to the use of
18        rotary instruments using a rubber cup or brush
19        polishing method (air polishing is not permitted); and
20        (iii) the supervising dentist shall not supervise more
21        than 4 dental assistants at any one time for the task
22        of coronal polishing or pit and fissure sealants.
23            In addition to coronal polishing and pit and
24        fissure sealants as described in this item (7), a
25        dental assistant who has successfully completed a
26        training program approved by rule by the Department may

 

 

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1        perform: (A) coronal scaling above the gum line on the
2        clinical crown of the tooth only on patients 12 years
3        of age or younger in the absence of periodontal disease
4        and (B) intracoronal temporization of a tooth. The
5        training program approved by the Department must: (I)
6        include a minimum of 16 hours of instruction in both
7        didactic and clinical manikin or human subject
8        instruction; (II) include an outcome assessment
9        examination that demonstrates competency; and (III)
10        issue a certificate of completion of the training
11        program, which must be kept on file at the dental
12        office. A dental assistant who has completed the
13        approved coronal polishing course shall be allowed to
14        reduce didactic training for coronal scaling of a tooth
15        by 4 hours. A dental assistant performing these
16        functions shall be limited to the use of hand
17        instruments only. In addition, coronal scaling as
18        described in this paragraph shall only be utilized on
19        patients who are eligible for Medicaid or who are
20        uninsured and whose household income is not greater
21        than 200% of the federal poverty level. A dentist may
22        not supervise more than 2 dental assistants at any one
23        time for the task of coronal scaling. This paragraph is
24        inoperative on and after January 1, 2021.
25        The limitations on the number of dental assistants a
26    dentist may supervise contained in items (2), (4), and (7)

 

 

09900HB0853ham001- 25 -LRB099 04677 MLM 39328 a

1    of this paragraph (g) mean a limit of 4 total dental
2    assistants or dental hygienists doing expanded functions
3    covered by these Sections being supervised by one dentist.
4        (h) The practice of dentistry by an individual who:
5            (i) has applied in writing to the Department, in
6        form and substance satisfactory to the Department, for
7        a general dental license and has complied with all
8        provisions of Section 9 of this Act, except for the
9        passage of the examination specified in subsection (e)
10        of Section 9 of this Act; or
11            (ii) has applied in writing to the Department, in
12        form and substance satisfactory to the Department, for
13        a temporary dental license and has complied with all
14        provisions of subsection (c) of Section 11 of this Act;
15        and
16            (iii) has been accepted or appointed for specialty
17        or residency training by a hospital situated in this
18        State; or
19            (iv) has been accepted or appointed for specialty
20        training in an approved dental program situated in this
21        State; or
22            (v) has been accepted or appointed for specialty
23        training in a dental public health agency situated in
24        this State.
25        The applicant shall be permitted to practice dentistry
26    for a period of 3 months from the starting date of the

 

 

09900HB0853ham001- 26 -LRB099 04677 MLM 39328 a

1    program, unless authorized in writing by the Department to
2    continue such practice for a period specified in writing by
3    the Department.
4        The applicant shall only be entitled to perform such
5    acts as may be prescribed by and incidental to his or her
6    program of residency or specialty training and shall not
7    otherwise engage in the practice of dentistry in this
8    State.
9        The authority to practice shall terminate immediately
10    upon:
11            (1) the decision of the Department that the
12        applicant has failed the examination; or
13            (2) denial of licensure by the Department; or
14            (3) withdrawal of the application.
15(Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
1697-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
178-16-13; 98-756, eff. 7-16-14.)
 
18    (225 ILCS 25/18)   (from Ch. 111, par. 2318)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 18. Acts constituting the practice of dental hygiene;
21limitations.
22    (a) A person practices dental hygiene within the meaning of
23this Act when he or she performs the following acts under the
24supervision of a dentist:
25            (i) the operative procedure of dental hygiene,

 

 

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1        consisting of oral prophylactic procedures;
2            (ii) the exposure and processing of X-Ray films of
3        the teeth and surrounding structures;
4            (iii) the application to the surfaces of the teeth
5        or gums of chemical compounds designed to be
6        desensitizing agents or effective agents in the
7        prevention of dental caries or periodontal disease;
8            (iv) all services which may be performed by a
9        dental assistant as specified by rule pursuant to
10        Section 17, and a dental hygienist may engage in the
11        placing, carving, and finishing of amalgam
12        restorations only after obtaining formal education and
13        certification as determined by the Department;
14            (v) administration and monitoring of nitrous oxide
15        upon successful completion of a training program
16        approved by the Department;
17            (vi) administration of local anesthetics upon
18        successful completion of a training program approved
19        by the Department; and
20            (vii) such other procedures and acts as shall be
21        prescribed by rule or regulation of the Department.
22    (b) A dental hygienist may be employed or engaged only:
23        (1) by a dentist;
24        (2) by a federal, State, county, or municipal agency or
25    institution;
26        (3) by a public or private school; or

 

 

09900HB0853ham001- 28 -LRB099 04677 MLM 39328 a

1        (4) by a public clinic operating under the direction of
2    a hospital or federal, State, county, municipal, or other
3    public agency or institution.
4    (c) When employed or engaged in the office of a dentist, a
5dental hygienist may perform, under general supervision, those
6procedures found in items (i) through (iv) of subsection (a) of
7this Section, provided the patient has been examined by the
8dentist within one year of the provision of dental hygiene
9services, the dentist has approved the dental hygiene services
10by a notation in the patient's record and the patient has been
11notified that the dentist may be out of the office during the
12provision of dental hygiene services.
13    (d) If a patient of record is unable to travel to a dental
14office because of illness, infirmity, or imprisonment, a dental
15hygienist may perform, under the general supervision of a
16dentist, those procedures found in items (i) through (iv) of
17subsection (a) of this Section, provided the patient is located
18in a long-term care facility licensed by the State of Illinois,
19a mental health or developmental disability facility, or a
20State or federal prison. The dentist shall personally examine
21and diagnose the patient and determine which services are
22necessary to be performed, which shall be contained in an order
23to the hygienist and a notation in the patient's record. Such
24order must be implemented within 120 days of its issuance, and
25an updated medical history and observation of oral conditions
26must be performed by the hygienist immediately prior to

 

 

09900HB0853ham001- 29 -LRB099 04677 MLM 39328 a

1beginning the procedures to ensure that the patient's health
2has not changed in any manner to warrant a reexamination by the
3dentist.
4    (e) School-based oral health care, consisting of and
5limited to oral prophylactic procedures, sealants, and
6fluoride treatments, may be provided by a dental hygienist
7under the general supervision of a dentist. A dental hygienist
8may not provide other dental hygiene treatment in a
9school-based setting, including but not limited to
10administration or monitoring of nitrous oxide or
11administration of local anesthetics. The school-based
12procedures may be performed provided the patient is located at
13a public or private school and the program is being conducted
14by a State, county or local public health department initiative
15or in conjunction with a dental school or dental hygiene
16program. The dentist shall personally examine and diagnose the
17patient and determine which services are necessary to be
18performed, which shall be contained in an order to the
19hygienist and a notation in the patient's record. Any such
20order for sealants must be implemented within 120 days after
21its issuance. Any such order for oral prophylactic procedures
22or fluoride treatments must be implemented within 180 days
23after its issuance. An updated medical history and observation
24of oral conditions must be performed by the hygienist
25immediately prior to beginning the procedures to ensure that
26the patient's health has not changed in any manner to warrant a

 

 

09900HB0853ham001- 30 -LRB099 04677 MLM 39328 a

1reexamination by the dentist.
2    (f) Without the supervision of a dentist, a dental
3hygienist may perform dental health education functions and may
4record case histories and oral conditions observed.
5    (g) The number of dental hygienists practicing in a dental
6office shall not exceed, at any one time, 4 times the number of
7dentists practicing in the office at the time.
8    (h) A dental hygienist who is certified as a public health
9dental hygienist may provide services to patients: (1) who are
10eligible for Medicaid or (2) who are uninsured and whose
11household income is not greater than 200% of the federal
12poverty level. A public health dental hygienist may perform
13oral assessments, perform screenings, and provide educational
14and preventative services as provided in subsection (b) of
15Section 18.1 of this Act. The public health dental hygienist
16may not administer local anesthesia or nitrous oxide, or place,
17carve, or finish amalgam restorations or provide periodontal
18therapy under this exception. Each patient must sign a consent
19form that acknowledges that the care received does not take the
20place of a regular dental examination. The public health dental
21hygienist must provide the patient or guardian a written
22referral to a dentist for assessment of the need for further
23dental care at the time of treatment. Any indication or
24observation of a condition that could warrant the need for
25urgent attention must be reported immediately to the
26supervising dentist for appropriate assessment and treatment.

 

 

09900HB0853ham001- 31 -LRB099 04677 MLM 39328 a

1    This subsection (h) is inoperative on and after January 1,
22021.
3(Source: P.A. 97-526, eff. 1-1-12.)
 
4    (225 ILCS 25/18.1 new)
5    Sec. 18.1. Public health dental supervision
6responsibilities.
7    (a) When working together in a public health supervision
8relationship, dentists and public health dental hygienists
9shall enter into a public health supervision agreement. The
10dentist providing public health supervision must:
11        (1) be available to provide an appropriate level of
12    contact, communication, collaboration, and consultation
13    with the public health dental hygienist and must meet
14    in-person with the public health dental hygienist at least
15    quarterly for review and consultation;
16        (2) have specific standing orders or policy guidelines
17    for procedures that are to be carried out for each location
18    or program, although the dentist need not be present when
19    the procedures are being performed;
20        (3) provide for the patient's additional necessary
21    care in consultation with the public health dental
22    hygienist;
23        (4) file agreements and notifications as required; and
24        (5) include procedures for creating and maintaining
25    dental records, including protocols for transmission of

 

 

09900HB0853ham001- 32 -LRB099 04677 MLM 39328 a

1    all records between the public health dental hygienist and
2    the dentist following each treatment, which shall include a
3    notation regarding procedures authorized by the dentist
4    and performed by the public health dental hygienist and the
5    location where those records are to be kept.
6    Each dentist and hygienist who enters into a public health
7supervision agreement must document and maintain a copy of any
8change or termination of that agreement.
9    Dental records shall be owned and maintained by the
10supervising dentist for all patients treated under public
11health supervision, unless the supervising dentist is an
12employee of a public health clinic or federally qualified
13health center, in which case the public health clinic or
14federally qualified health center shall maintain the records.
15    If a dentist ceases to be employed or contracted by the
16facility, the dentist shall notify the facility administrator
17that the public health supervision agreement is no longer in
18effect. A new public health supervision agreement is required
19for the public health dental hygienist to continue treating
20patients under public health supervision.
21    A dentist entering into an agreement under this Section may
22supervise and enter into agreements for public health
23supervision with 2 public health dental hygienists. This shall
24be in addition to the limit of 4 dental hygienists per dentist
25set forth in subsection (g) of Section 18 of this Act.
26    (b) A public health dental hygienist providing services

 

 

09900HB0853ham001- 33 -LRB099 04677 MLM 39328 a

1under public health supervision may perform only those duties
2within the accepted scope of practice of dental hygiene, as
3follows:
4        (1) the operative procedures of dental hygiene,
5    consisting of oral prophylactic procedures, including
6    prophylactic cleanings, application of fluoride, and
7    placement of sealants;
8        (2) the exposure and processing of x-ray films of the
9    teeth and surrounding structures; and
10        (3) such other procedures and acts as shall be
11    prescribed by rule of the Department.
12    Any patient treated under this subsection (b) must be
13examined by a dentist before additional services can be
14provided by a public health dental hygienist.
15    (c) A public health dental hygienist providing services
16under public health supervision must:
17        (1) provide to the patient, parent, or guardian a
18    written plan for referral or an agreement for follow-up
19    that records all conditions observed that should be called
20    to the attention of a dentist for proper diagnosis;
21        (2) have each patient sign a permission slip or consent
22    form that informs them that the service to be received does
23    not take the place of regular dental checkups at a dental
24    office and is meant for people who otherwise would not have
25    access to the service;
26        (3) inform each patient who may require further dental

 

 

09900HB0853ham001- 34 -LRB099 04677 MLM 39328 a

1    services of that need;
2        (4) maintain an appropriate level of contact and
3    communication with the dentist providing public health
4    supervision; and
5        (5) complete an additional 4 hours of continuing
6    education in areas specific to public health dentistry
7    yearly.
8    (d) Each public health dental hygienist who has rendered
9services under subsections (c), (d), and (e) of this Section
10must complete a summary report at the completion of a program
11or, in the case of an ongoing program, at least annually. The
12report must be completed in the manner specified by the
13Division of Oral Health in the Department of Public Health
14including information about each location where the public
15health dental hygienist has rendered these services. The public
16health dental hygienist must submit the form to the dentist
17providing supervision for his or her signature before sending
18it to the Division.
19    (e) Public health dental hygienists providing services
20under public health supervision may be compensated for their
21work by salary, honoraria, and other mechanisms by the
22employing or sponsoring entity. Nothing in this Act shall
23preclude the entity that employs or sponsors a public health
24dental hygienist from seeking payment, reimbursement, or other
25source of funding for the services provided.
26    (f) This Section is repealed on January 1, 2021.
 

 

 

09900HB0853ham001- 35 -LRB099 04677 MLM 39328 a

1    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 23. Refusal, revocation or suspension of dental
4licenses. The Department may refuse to issue or renew, or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary or non-disciplinary action as the Department may
7deem proper, including imposing fines not to exceed $10,000 per
8violation, with regard to any license for any one or any
9combination of the following causes:
10        1. Fraud or misrepresentation in applying for or
11    procuring a license under this Act, or in connection with
12    applying for renewal of a license under this Act.
13        2. Inability to practice with reasonable judgment,
14    skill, or safety as a result of habitual or excessive use
15    or addiction to alcohol, narcotics, stimulants, or any
16    other chemical agent or drug.
17        3. Willful or repeated violations of the rules of the
18    Department of Public Health or Department of Nuclear
19    Safety.
20        4. Acceptance of a fee for service as a witness,
21    without the knowledge of the court, in addition to the fee
22    allowed by the court.
23        5. Division of fees or agreeing to split or divide the
24    fees received for dental services with any person for
25    bringing or referring a patient, except in regard to

 

 

09900HB0853ham001- 36 -LRB099 04677 MLM 39328 a

1    referral services as provided for under Section 45, or
2    assisting in the care or treatment of a patient, without
3    the knowledge of the patient or his or her legal
4    representative. Nothing in this item 5 affects any bona
5    fide independent contractor or employment arrangements
6    among health care professionals, health facilities, health
7    care providers, or other entities, except as otherwise
8    prohibited by law. Any employment arrangements may include
9    provisions for compensation, health insurance, pension, or
10    other employment benefits for the provision of services
11    within the scope of the licensee's practice under this Act.
12    Nothing in this item 5 shall be construed to require an
13    employment arrangement to receive professional fees for
14    services rendered.
15        6. Employing, procuring, inducing, aiding or abetting
16    a person not licensed or registered as a dentist or dental
17    hygienist to engage in the practice of dentistry or dental
18    hygiene. The person practiced upon is not an accomplice,
19    employer, procurer, inducer, aider, or abetter within the
20    meaning of this Act.
21        7. Making any misrepresentations or false promises,
22    directly or indirectly, to influence, persuade or induce
23    dental patronage.
24        8. Professional connection or association with or
25    lending his or her name to another for the illegal practice
26    of dentistry by another, or professional connection or

 

 

09900HB0853ham001- 37 -LRB099 04677 MLM 39328 a

1    association with any person, firm or corporation holding
2    himself, herself, themselves, or itself out in any manner
3    contrary to this Act.
4        9. Obtaining or seeking to obtain practice, money, or
5    any other things of value by false or fraudulent
6    representations, but not limited to, engaging in such
7    fraudulent practice to defraud the medical assistance
8    program of the Department of Healthcare and Family Services
9    (formerly Department of Public Aid) under the Illinois
10    Public Aid Code.
11        10. Practicing under a false or, except as provided by
12    law, an assumed name.
13        11. Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        12. Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or by
18    sentencing for any crime, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation, under
21    the laws of any jurisdiction of the United States that (i)
22    is a felony under the laws of this State or (ii) is a
23    misdemeanor, an essential element of which is dishonesty,
24    or that is directly related to the practice of dentistry.
25        13. Permitting a dental hygienist, dental assistant or
26    other person under his or her supervision to perform any

 

 

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1    operation not authorized by this Act.
2        14. Permitting more than 4 dental hygienists to be
3    employed under his or her supervision at any one time.
4        15. A violation of any provision of this Act or any
5    rules promulgated under this Act.
6        16. Taking impressions for or using the services of any
7    person, firm or corporation violating this Act.
8        17. Violating any provision of Section 45 relating to
9    advertising.
10        18. Discipline by another U.S. jurisdiction or foreign
11    nation, if at least one of the grounds for the discipline
12    is the same or substantially equivalent to those set forth
13    within this Act.
14        19. Willfully failing to report an instance of
15    suspected child abuse or neglect as required by the Abused
16    and Neglected Child Reporting Act.
17        20. Gross negligence in practice under this Act.
18        21. The use or prescription for use of narcotics or
19    controlled substances or designated products as listed in
20    the Illinois Controlled Substances Act, in any way other
21    than for therapeutic purposes.
22        22. Willfully making or filing false records or reports
23    in his or her practice as a dentist, including, but not
24    limited to, false records to support claims against the
25    dental assistance program of the Department of Healthcare
26    and Family Services (formerly Illinois Department of

 

 

09900HB0853ham001- 39 -LRB099 04677 MLM 39328 a

1    Public Aid).
2        23. Professional incompetence as manifested by poor
3    standards of care.
4        24. Physical or mental illness, including, but not
5    limited to, deterioration through the aging process, or
6    loss of motor skills which results in a dentist's inability
7    to practice dentistry with reasonable judgment, skill or
8    safety. In enforcing this paragraph, the Department may
9    compel a person licensed to practice under this Act to
10    submit to a mental or physical examination pursuant to the
11    terms and conditions of Section 23b.
12        25. Gross or repeated irregularities in billing for
13    services rendered to a patient. For purposes of this
14    paragraph 25, "irregularities in billing" shall include:
15            (a) Reporting excessive charges for the purpose of
16        obtaining a total payment in excess of that usually
17        received by the dentist for the services rendered.
18            (b) Reporting charges for services not rendered.
19            (c) Incorrectly reporting services rendered for
20        the purpose of obtaining payment not earned.
21        26. Continuing the active practice of dentistry while
22    knowingly having any infectious, communicable, or
23    contagious disease proscribed by rule or regulation of the
24    Department.
25        27. Being named as a perpetrator in an indicated report
26    by the Department of Children and Family Services pursuant

 

 

09900HB0853ham001- 40 -LRB099 04677 MLM 39328 a

1    to the Abused and Neglected Child Reporting Act, and upon
2    proof by clear and convincing evidence that the licensee
3    has caused a child to be an abused child or neglected child
4    as defined in the Abused and Neglected Child Reporting Act.
5        28. Violating the Health Care Worker Self-Referral
6    Act.
7        29. Abandonment of a patient.
8        30. Mental incompetency as declared by a court of
9    competent jurisdiction.
10        31. A finding by the Department that the licensee,
11    after having his or her license placed on probationary
12    status, has violated the terms of probation.
13        32. Material misstatement in furnishing information to
14    the Department.
15        33. Failing, within 60 days, to provide information in
16    response to a written request by the Department in the
17    course of an investigation.
18        34. Immoral conduct in the commission of any act,
19    including, but not limited to, commission of an act of
20    sexual misconduct related to the licensee's practice.
21        35. Cheating on or attempting to subvert the licensing
22    examination administered under this Act.
23        36. A pattern of practice or other behavior that
24    demonstrates incapacity or incompetence to practice under
25    this Act.
26        37. Failure to establish and maintain records of

 

 

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1    patient care and treatment as required under this Act.
2        38. Failure to provide copies of dental records as
3    required by law.
4    All proceedings to suspend, revoke, place on probationary
5status, or take any other disciplinary action as the Department
6may deem proper, with regard to a license on any of the
7foregoing grounds, must be commenced within 5 3 years after
8receipt by the Department of a complaint alleging the
9commission of or notice of the conviction order for any of the
10acts described herein. Except for fraud in procuring a license,
11no action shall be commenced more than 7 5 years after the date
12of the incident or act alleged to have violated this Section.
13The time during which the holder of the license was outside the
14State of Illinois shall not be included within any period of
15time limiting the commencement of disciplinary action by the
16Department.
17    All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21    The Department may refuse to issue or may suspend the
22license of any person who fails to file a return, or to pay the
23tax, penalty or interest shown in a filed return, or to pay any
24final assessment of tax, penalty or interest, as required by
25any tax Act administered by the Illinois Department of Revenue,
26until such time as the requirements of any such tax Act are

 

 

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1satisfied.
2    Any dentist who has had his or her license suspended or
3revoked for more than 5 years must comply with the requirements
4for restoration set forth in Section 16 prior to being eligible
5for reinstatement from the suspension or revocation.
6(Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11;
797-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
 
8    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 24. Refusal, Suspension or Revocation of Dental
11Hygienist License. The Department may refuse to issue or renew
12or may revoke, suspend, place on probation, reprimand or take
13other disciplinary or non-disciplinary action as the
14Department may deem proper, including imposing fines not to
15exceed $10,000 per violation, with regard to any dental
16hygienist license for any one or any combination of the
17following causes:
18        1. Fraud or misrepresentation in applying for or
19    procuring a license under this Act, or in connection with
20    applying for renewal of a license under this Act.
21        2. Performing any operation not authorized by this Act.
22        3. Practicing dental hygiene other than under the
23    supervision of a licensed dentist as provided by this Act.
24        4. The wilful violation of, or the wilful procuring of,
25    or knowingly assisting in the violation of, any Act which

 

 

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1    is now or which hereafter may be in force in this State
2    relating to the use of habit-forming drugs.
3        5. The obtaining of, or an attempt to obtain a license,
4    or practice in the profession, or money, or any other thing
5    of value by fraudulent representation.
6        6. Gross negligence in performing the operative
7    procedure of dental hygiene.
8        7. Active practice of dental hygiene while knowingly
9    having any infectious, communicable, or contagious disease
10    proscribed by rule or regulation of the Department.
11        8. Inability to practice with reasonable judgment,
12    skill, or safety as a result of habitual or excessive use
13    or addiction to alcohol, narcotics, stimulants, or any
14    other chemical agent or drug.
15        9. Conviction by plea of guilty or nolo contendere,
16    finding of guilt, jury verdict, or entry of judgment or by
17    sentencing of any crime, including, but not limited to,
18    convictions, preceding sentences of supervision,
19    conditional discharge, or first offender probation, under
20    the laws of any jurisdiction of the United States that (i)
21    is a felony or (ii) is a misdemeanor, an essential element
22    of which is dishonesty, or that is directly related to the
23    practice of dental hygiene.
24        10. Aiding or abetting the unlicensed practice of
25    dentistry or dental hygiene.
26        11. Discipline by another U.S. jurisdiction or a

 

 

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1    foreign nation, if at least one of the grounds for the
2    discipline is the same or substantially equivalent to those
3    set forth in this Act.
4        12. Violating the Health Care Worker Self-Referral
5    Act.
6        13. Violating the prohibitions of Section 38.1 of this
7    Act.
8        14. Engaging in dishonorable, unethical, or
9    unprofessional conduct of a character likely to deceive,
10    defraud, or harm the public.
11        15. A finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status, has violated the terms of probation.
14        16. Material misstatement in furnishing information to
15    the Department.
16        17. Failing, within 60 days, to provide information in
17    response to a written request by the Department in the
18    course of an investigation.
19        18. Immoral conduct in the commission of any act,
20    including, but not limited to, commission of an act of
21    sexual misconduct related to the licensee's practice.
22        19. Cheating on or attempting to subvert the licensing
23    examination administered under this Act.
24        20. Violations of this Act or of the rules promulgated
25    under this Act.
26        21. Practicing under a false or, except as provided by

 

 

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1    law, an assumed name.
2    The provisions of this Act relating to proceedings for the
3suspension and revocation of a license to practice dentistry
4shall apply to proceedings for the suspension or revocation of
5a license as a dental hygienist.
6    All proceedings to suspend, revoke, place on probationary
7status, or take any other disciplinary action as the Department
8may deem proper with regard to a license on any of the grounds
9contained in this Section, must be commenced within 5 years
10after receipt by the Department of a complaint alleging the
11commission of or notice of the conviction order for any of the
12acts described in this Section. Except for fraud in procuring a
13license, no action shall be commenced more than 7 years after
14the date of the incident or act alleged to have violated this
15Section. The time during which the holder of the license was
16outside the State of Illinois shall not be included within any
17period of time limiting the commencement of disciplinary action
18by the Department.
19    All fines imposed under this Section shall be paid within
2060 days after the effective date of the order imposing the fine
21or in accordance with the terms set forth in the order imposing
22the fine.
23    Any dental hygienist who has had his or her license
24suspended or revoked for more than 5 years must comply with the
25requirements for restoration set forth in Section 16 prior to
26being eligible for reinstatement from the suspension or

 

 

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1revocation.
2(Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
 
3    (225 ILCS 25/25)  (from Ch. 111, par. 2325)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 25. Notice of hearing; investigations and informal
6conferences.
7    (a) Upon the motion of either the Department or the Board
8or upon the verified complaint in writing of any person setting
9forth facts which if proven would constitute grounds for
10refusal, suspension or revocation of license under this Act,
11the Board shall investigate the actions of any person,
12hereinafter called the respondent, who holds or represents that
13he or she holds a license. All such motions or complaints shall
14be brought to the Board.
15    (b) Prior to taking an in-person statement from a dentist
16or dental hygienist who is the subject of a complaint, the
17investigator shall inform the dentist or the dental hygienist
18in writing:
19        (1) that the dentist or dental hygienist is the subject
20    of a complaint;
21        (2) that the dentist or dental hygienist need not
22    immediately proceed with the interview and may seek
23    appropriate consultation prior to consenting to the
24    interview; and
25        (3) that failure of the dentist or dental hygienist to

 

 

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1    proceed with the interview shall not prohibit the
2    Department from conducting a visual inspection of the
3    facility.
4    A Department investigator's failure to comply with this
5subsection may not be the sole ground for dismissal of any
6order of the Department filed upon a finding of a violation or
7for dismissal of a pending investigation.
8    (b-5) The duly authorized dental investigators of the
9Department shall have the right to enter and inspect, during
10business hours, the business premises of a dentist licensed
11under this Act or of a person who holds himself or herself out
12as practicing dentistry, with due consideration for patient
13care of the subject of the investigation, so as to inspect the
14physical premises and equipment and furnishings therein. This
15right of inspection shall not include inspection of business,
16medical, or personnel records located on the premises without a
17Department subpoena issued in accordance with Section 25.1 of
18this Act or Section 2105-105 of the Department of Professional
19Regulation Law of the Civil Administrative Code of Illinois.
20For the purposes of this Section, "business premises" means the
21office or offices where the dentist conducts the practice of
22dentistry.
23    (c) If the Department concludes on the basis of a complaint
24or its initial investigation that there is a possible violation
25of the Act, the Department may:
26        (1) schedule a hearing pursuant to this Act; or

 

 

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1        (2) request in writing that the dentist or dental
2    hygienist being investigated attend an informal conference
3    with representatives of the Department.
4    The request for an informal conference shall contain the
5nature of the alleged actions or inactions that constitute the
6possible violations.
7    A dentist or dental hygienist shall be allowed to have
8legal counsel at the informal conference. If the informal
9conference results in a consent order between the accused
10dentist or dental hygienist and the Department, the consent
11order must be approved by the Secretary. However, if the
12consent order would result in a fine exceeding $10,000 or the
13suspension or revocation of the dentist or dental hygienist
14license, the consent order must be approved by the Board and
15the Secretary. Participation in the informal conference by a
16dentist, a dental hygienist, or the Department and any
17admissions or stipulations made by a dentist, a dental
18hygienist, or the Department at the informal conference,
19including any agreements in a consent order that is
20subsequently disapproved by either the Board or the Secretary,
21shall not be used against the dentist, dental hygienist, or
22Department at any subsequent hearing and shall not become a
23part of the record of the hearing.
24    (d) The Secretary shall, before suspending, revoking,
25placing on probationary status, or taking any other
26disciplinary action as the Secretary may deem proper with

 

 

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1regard to any license, at least 30 days prior to the date set
2for the hearing, notify the respondent in writing of any
3charges made and the time and place for a hearing of the
4charges before the Board, direct him or her to file his or her
5written answer thereto to the Board under oath within 20 days
6after the service on him or her of such notice and inform him
7or her that if he or she fails to file such answer default will
8be taken against him or her and his or her license may be
9suspended, revoked, placed on probationary status, or other
10disciplinary action may be taken with regard thereto, including
11limiting the scope, nature or extent of his or her practice, as
12the Secretary may deem proper.
13    (e) Such written notice and any notice in such proceedings
14thereafter may be served by delivery personally to the
15respondent, or by registered or certified mail to the address
16last theretofore specified by the respondent in his or her last
17notification to the Secretary.
18(Source: P.A. 97-1013, eff. 8-17-12.)
 
19    (225 ILCS 25/26)  (from Ch. 111, par. 2326)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 26. Disciplinary actions.
22    (a) In case the respondent, after receiving notice, fails
23to file an answer, his or her license may, in the discretion of
24the Secretary, having first received the recommendation of the
25Board, be suspended, revoked, placed on probationary status, or

 

 

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1the Secretary may take whatever disciplinary or
2non-disciplinary action he or she may deem proper, including
3limiting the scope, nature, or extent of the person's practice
4or the imposition of a fine, without a hearing, if the act or
5acts charged constitute sufficient grounds for such action
6under this Act.
7    (b) The Secretary may temporarily suspend the license of a
8dentist or dental hygienist without a hearing, simultaneous to
9the institution of proceedings for a hearing under this Act, if
10the Secretary finds that evidence in his or her possession
11indicates that a dentist's or dental hygienist's continuation
12in practice would constitute an immediate danger to the public.
13In the event that the Secretary temporarily suspends the
14license of a dentist or a dental hygienist without a hearing, a
15hearing by the Board must be held within 15 days after such
16suspension has occurred.
17    (c) The entry of a judgment by any circuit court
18establishing that any person holding a license under this Act
19is a person subject to involuntary admission under the Mental
20Health and Developmental Disabilities Code shall operate as a
21suspension of that license. That person may resume his or her
22practice only upon a finding by the Board that he or she has
23been determined to be no longer subject to involuntary
24admission by the court and upon the Board's recommendation to
25the Secretary that he or she be permitted to resume his or her
26practice.

 

 

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1(Source: P.A. 97-1013, eff. 8-17-12.)
 
2    (225 ILCS 25/29)  (from Ch. 111, par. 2329)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 29. Recommendations for disciplinary action - Action
5by Secretary. The Board may advise the Secretary that probation
6be granted or that other disciplinary action, including the
7limitation of the scope, nature or extent of a person's
8practice, be taken, as it deems proper. If disciplinary action
9other than suspension or revocation is taken, the Board may
10advise that the Secretary impose reasonable limitations and
11requirements upon the respondent to insure compliance with the
12terms of the probation or other disciplinary action, including,
13but not limited to, regular reporting by the respondent to the
14Secretary of his or her actions, or the respondent's placing
15himself or herself under the care of a qualified physician for
16treatment or limiting his or her practice in such manner as the
17Secretary may require.
18    The Board shall present to the Secretary a written report
19of its findings and recommendations. A copy of such report
20shall be served upon the respondent, either personally or by
21registered or certified mail. Within 20 days after such
22service, the respondent may present to the Department his or
23her motion in writing for a rehearing, specifying the
24particular ground therefor. If the respondent orders from the
25reporting service and pays for a transcript of the record, the

 

 

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1time elapsing thereafter and before such transcript is ready
2for delivery to him or her shall not be counted as part of such
320 days.
4    At the expiration of the time allowed for filing a motion
5for rehearing the Secretary may take the action recommended by
6the Board. Upon suspension, revocation, placement on
7probationary status, or the taking of any other disciplinary
8action, including the limiting of the scope, nature, or extent
9of one's practice, deemed proper by the Secretary, with regard
10to the license, the respondent shall surrender his or her
11license to the Department, if ordered to do so by the
12Department, and upon his or her failure or refusal to do so,
13the Department may seize the same.
14    In all instances under this Act in which the Board has
15rendered a recommendation to the Secretary with respect to a
16particular person, the Secretary shall, to the extent that he
17or she disagrees with or takes action contrary to the
18recommendation of the Board, file with the Board his or her
19specific written reasons of disagreement. Such reasons shall be
20filed within 30 days after the Secretary has taken the contrary
21position.
22    Each order of revocation, suspension, or other
23disciplinary action shall contain a brief, concise statement of
24the ground or grounds upon which the Department's action is
25based, as well as the specific terms and conditions of such
26action. The original of this document shall be retained as a

 

 

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1permanent record by the Board and the Department. In those
2instances where an order of revocation, suspension, or other
3disciplinary action has been rendered by virtue of a dentist's
4or dental hygienist's physical illness, including, but not
5limited to, deterioration through the aging process, or loss of
6motor skill which results in an inability to practice with
7reasonable judgment, skill, or safety, the Department shall
8permit only this document and the record of the hearing
9incident thereto to be observed, inspected, viewed, or copied
10pursuant to court order.
11(Source: P.A. 97-1013, eff. 8-17-12.)
 
12    (225 ILCS 25/30)  (from Ch. 111, par. 2330)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 30. Appointment of a Hearing Officer. The Secretary
15shall have the authority to appoint any attorney duly licensed
16to practice law in the State of Illinois to serve as the
17hearing officer if any action for refusal to issue, renew or
18discipline of a license. The hearing officer shall have full
19authority to conduct the hearing. The hearing officer shall
20report his or her findings and recommendations to the Board and
21the Secretary. The Board shall have 60 days from receipt of the
22report to review the report of the hearing officer and present
23its findings of fact, conclusions of law and recommendations to
24the Secretary. If the Board fails to present its report within
25the 60 day period, the Secretary shall issue an order based on

 

 

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1the report of the hearing officer. If the Secretary determines
2that the Board's report is contrary to the manifest weight of
3the evidence, he or she may issue an order in contravention of
4the Board's report.
5    Whenever the Secretary is satisfied that substantial
6justice has not been done in a formal disciplinary action or
7refusal to restore a license, he or she may order a
8reexamination or rehearing by the same or other hearing
9officer.
10(Source: P.A. 97-1013, eff. 8-17-12.)
 
11    (225 ILCS 25/41)  (from Ch. 111, par. 2341)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 41. Dental Coordinator. The Department shall select a
14dental coordinator, who shall not be a member of the Board. The
15dental coordinator shall be a dentist. The dental coordinator
16shall be the chief enforcement officer of the disciplinary
17provisions of this Act.
18    The Department shall employ, in conformity with the
19"Personnel Code", such investigators as it deems necessary to
20investigate violations of this Act not less than one full-time
21investigator for every 3,000 dentists and dental hygienists in
22the State. Each investigator shall be a college graduate with
23at least 2 years' investigative experience or one year of
24advanced dental or medical education. The Department shall
25employ, in conformity with the "Personnel Code", such other

 

 

09900HB0853ham001- 55 -LRB099 04677 MLM 39328 a

1professional, technical, investigative and clerical assistance
2on either a full or part-time basis, as the Department deems
3necessary for the proper performance of its duties. The
4Department shall retain and use such hearing officers as it
5deems necessary. All employees of the Department shall be
6directed by, and answerable to, the Department, with respect to
7their duties and functions.
8(Source: P.A. 84-365.)
 
9    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 50. Patient Records. Every dentist shall make a record
12of all dental work performed for each patient. The record shall
13be made in a manner and in sufficient detail that it may be
14used for identification purposes.
15    Dental records required by this Section shall be maintained
16for 10 years. Dental records required to be maintained under
17this Section, or copies of those dental records, shall be made
18available upon request to the patient or the patient's
19guardian. A dentist shall be entitled to reasonable
20reimbursement for the cost of reproducing these records, which
21shall not exceed the cost allowed under Section 8-2001 8-2003
22of the Code of Civil Procedure. A dentist providing services
23through a mobile dental van or portable dental unit shall
24provide to the patient or the patient's parent or guardian, in
25writing, the dentist's name, license number, address, and

 

 

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1information on how the patient or the patient's parent or
2guardian may obtain the patient's dental records, as provided
3by law.
4(Source: P.A. 97-526, eff. 1-1-12.)
 
5    (225 ILCS 25/35 rep.)
6    Section 20. The Illinois Dental Practice Act is amended by
7repealing Section 35.
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect December
1631, 2015.".