Rep. Michael J. Zalewski

Filed: 11/3/2015

 

 


 

 


 
09900HB0853ham002LRB099 04677 MLM 39329 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 Acts Act repealed on January 1, 2026.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8following Acts are Act is repealed on January 1, 2026: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14    (Section scheduled to be repealed on January 1, 2016)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 3,000 hours
16of clinical experience and has completed 12 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 or a

 

 

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24    (Section scheduled to be repealed on January 1, 2016)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

 

 

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1    "Address of record" means the designated address recorded
2by the Department in the applicant's or licensee's application
3file or license file as maintained by the Department's
4licensure maintenance unit. It is the duty of the applicant or
5licensee to inform the Department of any change of address and
6those changes must be made either through the Department's
7website or by contacting the Department.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    "Board" means the Board of Dentistry.
13    "Dentist" means a person who has received a general license
14pursuant to paragraph (a) of Section 11 of this Act and who may
15perform any intraoral and extraoral procedure required in the
16practice of dentistry and to whom is reserved the
17responsibilities specified in Section 17.
18    "Dental hygienist" means a person who holds a license under
19this Act to perform dental services as authorized by Section
2018.
21    "Dental assistant" means an appropriately trained person
22who, under the supervision of a dentist, provides dental
23services as authorized by Section 17.
24    "Dental laboratory" means a person, firm or corporation
25which:
26        (i) engages in making, providing, repairing or

 

 

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1    altering dental prosthetic appliances and other artificial
2    materials and devices which are returned to a dentist for
3    insertion into the human oral cavity or which come in
4    contact with its adjacent structures and tissues; and
5        (ii) utilizes or employs a dental technician to provide
6    such services; and
7        (iii) performs such functions only for a dentist or
8    dentists.
9    "Supervision" means supervision of a dental hygienist or a
10dental assistant requiring that a dentist authorize the
11procedure, remain in the dental facility while the procedure is
12performed, and approve the work performed by the dental
13hygienist or dental assistant before dismissal of the patient,
14but does not mean that the dentist must be present at all times
15in the treatment room.
16    "General supervision" means supervision of a dental
17hygienist requiring that the patient be a patient of record,
18that the dentist examine the patient in accordance with Section
1918 prior to treatment by the dental hygienist, and that the
20dentist authorize the procedures which are being carried out by
21a notation in the patient's record, but not requiring that a
22dentist be present when the authorized procedures are being
23performed. The issuance of a prescription to a dental
24laboratory by a dentist does not constitute general
25supervision.
26    "Public member" means a person who is not a health

 

 

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1professional. For purposes of board membership, any person with
2a significant financial interest in a health service or
3profession is not a public member.
4    "Dentistry" means the healing art which is concerned with
5the examination, diagnosis, treatment planning and care of
6conditions within the human oral cavity and its adjacent
7tissues and structures, as further specified in Section 17.
8    "Branches of dentistry" means the various specialties of
9dentistry which, for purposes of this Act, shall be limited to
10the following: endodontics, oral and maxillofacial surgery,
11orthodontics and dentofacial orthopedics, pediatric dentistry,
12periodontics, prosthodontics, and oral and maxillofacial
13radiology.
14    "Specialist" means a dentist who has received a specialty
15license pursuant to Section 11(b).
16    "Dental technician" means a person who owns, operates or is
17employed by a dental laboratory and engages in making,
18providing, repairing or altering dental prosthetic appliances
19and other artificial materials and devices which are returned
20to a dentist for insertion into the human oral cavity or which
21come in contact with its adjacent structures and tissues.
22    "Impaired dentist" or "impaired dental hygienist" means a
23dentist or dental hygienist who is unable to practice with
24reasonable skill and safety because of a physical or mental
25disability as evidenced by a written determination or written
26consent based on clinical evidence, including deterioration

 

 

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1through the aging process, loss of motor skills, abuse of drugs
2or alcohol, or a psychiatric disorder, of sufficient degree to
3diminish the person's ability to deliver competent patient
4care.
5    "Nurse" means a registered professional nurse, a certified
6registered nurse anesthetist licensed as an advanced practice
7nurse, or a licensed practical nurse licensed under the Nurse
8Practice Act.
9    "Patient of record" means a patient for whom the patient's
10most recent dentist has obtained a relevant medical and dental
11history and on whom the dentist has performed an examination
12and evaluated the condition to be treated.
13    "Dental responder" means a dentist or dental hygienist who
14is appropriately certified in disaster preparedness,
15immunizations, and dental humanitarian medical response
16consistent with the Society of Disaster Medicine and Public
17Health and training certified by the National Incident
18Management System or the National Disaster Life Support
19Foundation.
20    "Mobile dental van or portable dental unit" means any
21self-contained or portable dental unit in which dentistry is
22practiced that can be moved, towed, or transported from one
23location to another in order to establish a location where
24dental services can be provided.
25    "Public health dental hygienist" means a hygienist who
26holds a valid license to practice in the State, has 2 years of

 

 

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1full-time clinical experience or an equivalent of 3,000 hours
2of clinical experience and has completed 12 hours of additional
3course work in areas specific to public health dentistry,
4including, but not limited to, emergency procedures for
5medically compromised patients, pharmacology, medical
6recordkeeping procedures, geriatric dentistry, pediatric
7dentistry, and pathology, and works in a public health setting
8pursuant to a written public health supervision agreement as
9defined by rule by the Department with a dentist working in or
10contracted with a local or State government agency or
11institution or who is providing services as part of a certified
12school-based program or school-based oral health program or a
13facility providing services to individuals (1) who are eligible
14for Medicaid or (2) who are uninsured and whose household
15income is not greater than 200% of the federal poverty level.
16    "Public health setting" means a federally qualified health
17center; a federal, State, or local public health facility; Head
18Start; a special supplemental nutrition program for Women,
19Infants, and Children (WIC) facility; a certified school-based
20health center or school-based oral health program; or a
21facility providing services to individuals (1) who are eligible
22for Medicaid or (2) who are uninsured and whose household
23income is not greater than 200% of the federal poverty level.
24    "Public health supervision" means the supervision of a
25public health dental hygienist by a licensed dentist who has a
26written public health supervision agreement with that public

 

 

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1health dental hygienist while working in an approved facility
2or program that allows the public health dental hygienist to
3treat patients, without a dentist first examining the patient
4and being present in the facility during treatment, (1) who are
5eligible for Medicaid or (2) who are uninsured and whose
6household income is not greater than 200% of the federal
7poverty level.
8(Source: P.A. 99-25, eff. 1-1-16.)
 
9    (225 ILCS 25/6)   (from Ch. 111, par. 2306)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 6. Board of Dentistry - Report By Majority Required.
12There is created a Board of Dentistry, to be composed of
13persons designated from time to time by the Secretary, as
14follows:
15    Eleven persons, 8 of whom have been dentists for a period
16of 5 years or more; 2 of whom have been dental hygienists for a
17period of 5 years or more, and one public member. None of the
18members shall be an officer, dean, assistant dean, or associate
19dean of a dental college or dental department of an institute
20of learning, nor shall any member be the program director of
21any dental hygiene program. A board member who holds a faculty
22position in a dental school or dental hygiene program shall not
23participate in the examination of applicants for licenses from
24that school or program. The dental hygienists shall not
25participate in the examination of applicants for licenses to

 

 

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1practice dentistry. The public member shall not participate in
2the examination of applicants for licenses to practice
3dentistry or dental hygiene. The board shall annually elect a
4chairman and vice-chairman who shall be dentists a dentist.
5    Terms for all members shall be for 4 years. Partial terms
6over 2 years in length shall be considered as full terms. A
7member may be reappointed for a successive term, but no member
8shall serve more than 2 full terms in his or her lifetime.
9    The membership of the Board shall include only residents
10from various geographic areas of this State and shall include
11at least some graduates from various institutions of dental
12education in this State.
13    In making appointments to the Board the Secretary shall
14give due consideration to recommendations by organizations of
15the dental profession in Illinois, including the Illinois State
16Dental Society and Illinois Dental Hygienists Association, and
17shall promptly give due notice to such organizations of any
18vacancy in the membership of the Board. The Secretary may
19terminate the appointment of any member for cause which in the
20opinion of the Secretary reasonably justifies such
21termination.
22    A vacancy in the membership of the Board shall not impair
23the right of a quorum to exercise all the rights and perform
24all the duties of the Board. Any action to be taken by the
25Board under this Act may be authorized by resolution at any
26regular or special meeting, and each such resolution shall take

 

 

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1effect immediately. The Board shall meet at least quarterly.
2The Board may adopt all rules and regulations necessary and
3incident to its powers and duties under this Act.
4    The members of the Board shall each receive as compensation
5a reasonable sum as determined by the Secretary for each day
6actually engaged in the duties of the office, and all
7legitimate and necessary expense incurred in attending the
8meetings of the Board.
9    Members of the Board shall be immune from suit in any
10action based upon any disciplinary proceedings or other
11activities performed in good faith as members of the Board.
12(Source: P.A. 97-1013, eff. 8-17-12.)
 
13    (225 ILCS 25/8.5)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 8.5. Unlicensed practice; violation; civil penalty.
16    (a) Any person who practices, offers to practice, attempts
17to practice, or holds oneself out to practice dentistry or
18dental hygiene without being licensed under this Act shall, in
19addition to any other penalty provided by law, pay a civil
20penalty to the Department in an amount not to exceed $10,000
21for each offense as determined by the Department. The civil
22penalty shall be assessed by the Department after a hearing is
23held in accordance with the provisions set forth in this Act
24regarding the provision of a hearing for the discipline of a
25licensee.

 

 

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1    (b) The Department has the authority and power to
2investigate any and all unlicensed activity.
3    (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty. The
5order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
8(Source: P.A. 88-223; 89-80, eff. 6-30-95.)
 
9    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 16.1. Continuing education. The Department shall
12promulgate rules of continuing education for persons licensed
13under this Act. In establishing rules, the Department shall
14require a minimum of 48 hours of study in approved courses for
15dentists during each 3-year licensing period and a minimum of
1636 hours of study in approved courses for dental hygienists
17during each 3-year licensing period.
18    The Department shall approve only courses that are relevant
19to the treatment and care of patients, including, but not
20limited to, clinical courses in dentistry and dental hygiene
21and nonclinical courses such as patient management, legal and
22ethical responsibilities, and stress management. The
23Department shall allow up to 4 hours of continuing education
24credit hours per license renewal period for volunteer hours
25spent providing clinical services at, or sponsored by, a

 

 

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1nonprofit community clinic, local or state health department,
2or a charity event. Courses shall not be approved in such
3subjects as estate and financial planning, investments, or
4personal health. Approved courses may include, but shall not be
5limited to, courses that are offered or sponsored by approved
6colleges, universities, and hospitals and by recognized
7national, State, and local dental and dental hygiene
8organizations.
9    No license shall be renewed unless the renewal application
10is accompanied by an affidavit indicating that the applicant
11has completed the required minimum number of hours of
12continuing education in approved courses as required by this
13Section. The affidavit shall not require a listing of courses.
14The affidavit shall be a prima facie evidence that the
15applicant has obtained the minimum number of required
16continuing education hours in approved courses. The Department
17shall not be obligated to conduct random audits or otherwise
18independently verify that an applicant has met the continuing
19education requirement. The Department, however, may not
20conduct random audits of more than 10% of the licensed dentists
21and dental hygienists in any one licensing cycle to verify
22compliance with continuing education requirements. If the
23Department, however, receives a complaint that a licensee has
24not completed the required continuing education or if the
25Department is investigating another alleged violation of this
26Act by a licensee, the Department may demand and shall be

 

 

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1entitled to receive evidence from any licensee of completion of
2required continuing education courses for the most recently
3completed 3-year licensing period. Evidence of continuing
4education may include, but is not limited to, canceled checks,
5official verification forms of attendance, and continuing
6education recording forms, that demonstrate a reasonable
7record of attendance. The Board shall determine, in accordance
8with rules adopted by the Department, whether a licensee or
9applicant has met the continuing education requirements. Any
10dentist who holds more than one license under this Act shall be
11required to complete only the minimum number of hours of
12continuing education required for renewal of a single license.
13The Department may provide exemptions from continuing
14education requirements. The exemptions shall include, but
15shall not be limited to, dentists and dental hygienists who
16agree not to practice within the State during the licensing
17period because they are retired from practice.
18(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
19    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 17. Acts Constituting the Practice of Dentistry. A
22person practices dentistry, within the meaning of this Act:
23        (1) Who represents himself or herself as being able to
24    diagnose or diagnoses, treats, prescribes, or operates for
25    any disease, pain, deformity, deficiency, injury, or

 

 

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1    physical condition of the human tooth, teeth, alveolar
2    process, gums or jaw; or
3        (2) Who is a manager, proprietor, operator or conductor
4    of a business where dental operations are performed; or
5        (3) Who performs dental operations of any kind; or
6        (4) Who uses an X-Ray machine or X-Ray films for dental
7    diagnostic purposes; or
8        (5) Who extracts a human tooth or teeth, or corrects or
9    attempts to correct malpositions of the human teeth or
10    jaws; or
11        (6) Who offers or undertakes, by any means or method,
12    to diagnose, treat or remove stains, calculus, and bonding
13    materials from human teeth or jaws; or
14        (7) Who uses or administers local or general
15    anesthetics in the treatment of dental or oral diseases or
16    in any preparation incident to a dental operation of any
17    kind or character; or
18        (8) Who takes impressions of the human tooth, teeth, or
19    jaws or performs any phase of any operation incident to the
20    replacement of a part of a tooth, a tooth, teeth or
21    associated tissues by means of a filling, crown, a bridge,
22    a denture or other appliance; or
23        (9) Who offers to furnish, supply, construct,
24    reproduce or repair, or who furnishes, supplies,
25    constructs, reproduces or repairs, prosthetic dentures,
26    bridges or other substitutes for natural teeth, to the user

 

 

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1    or prospective user thereof; or
2        (10) Who instructs students on clinical matters or
3    performs any clinical operation included in the curricula
4    of recognized dental schools and colleges; or
5        (11) Who takes impressions of human teeth or places his
6    or her hands in the mouth of any person for the purpose of
7    applying teeth whitening materials, or who takes
8    impressions of human teeth or places his or her hands in
9    the mouth of any person for the purpose of assisting in the
10    application of teeth whitening materials. A person does not
11    practice dentistry when he or she discloses to the consumer
12    that he or she is not licensed as a dentist under this Act
13    and (i) discusses the use of teeth whitening materials with
14    a consumer purchasing these materials; (ii) provides
15    instruction on the use of teeth whitening materials with a
16    consumer purchasing these materials; or (iii) provides
17    appropriate equipment on-site to the consumer for the
18    consumer to self-apply teeth whitening materials.
19    The fact that any person engages in or performs, or offers
20to engage in or perform, any of the practices, acts, or
21operations set forth in this Section, shall be prima facie
22evidence that such person is engaged in the practice of
23dentistry.
24    The following practices, acts, and operations, however,
25are exempt from the operation of this Act:
26        (a) The rendering of dental relief in emergency cases

 

 

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1    in the practice of his or her profession by a physician or
2    surgeon, licensed as such under the laws of this State,
3    unless he or she undertakes to reproduce or reproduces lost
4    parts of the human teeth in the mouth or to restore or
5    replace lost or missing teeth in the mouth; or
6        (b) The practice of dentistry in the discharge of their
7    official duties by dentists in any branch of the Armed
8    Services of the United States, the United States Public
9    Health Service, or the United States Veterans
10    Administration; or
11        (c) The practice of dentistry by students in their
12    course of study in dental schools or colleges approved by
13    the Department, when acting under the direction and
14    supervision of dentists acting as instructors; or
15        (d) The practice of dentistry by clinical instructors
16    in the course of their teaching duties in dental schools or
17    colleges approved by the Department:
18            (i) when acting under the direction and
19        supervision of dentists, provided that such clinical
20        instructors have instructed continuously in this State
21        since January 1, 1986; or
22            (ii) when holding the rank of full professor at
23        such approved dental school or college and possessing a
24        current valid license or authorization to practice
25        dentistry in another country; or
26        (e) The practice of dentistry by licensed dentists of

 

 

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1    other states or countries at meetings of the Illinois State
2    Dental Society or component parts thereof, alumni meetings
3    of dental colleges, or any other like dental organizations,
4    while appearing as clinicians; or
5        (f) The use of X-Ray machines for exposing X-Ray films
6    of dental or oral tissues by dental hygienists or dental
7    assistants; or
8        (g) The performance of any dental service by a dental
9    assistant, if such service is performed under the
10    supervision and full responsibility of a dentist.
11        For purposes of this paragraph (g), "dental service" is
12    defined to mean any intraoral procedure or act which shall
13    be prescribed by rule or regulation of the Department.
14    Dental service, however, shall not include:
15            (1) Any and all diagnosis of or prescription for
16        treatment of disease, pain, deformity, deficiency,
17        injury or physical condition of the human teeth or
18        jaws, or adjacent structures.
19            (2) Removal of, or restoration of, or addition to
20        the hard or soft tissues of the oral cavity, except for
21        the placing, carving, and finishing of amalgam
22        restorations by dental assistants who have had
23        additional formal education and certification as
24        determined by the Department. A dentist utilizing
25        dental assistants shall not supervise more than 4
26        dental assistants at any one time for placing, carving,

 

 

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1        and finishing of amalgam restorations.
2            (3) Any and all correction of malformation of teeth
3        or of the jaws.
4            (4) Administration of anesthetics, except for
5        monitoring of nitrous oxide, conscious sedation, deep
6        sedation, and general anesthetic as provided in
7        Section 8.1 of this Act, that may be performed only
8        after successful completion of a training program
9        approved by the Department. A dentist utilizing dental
10        assistants shall not supervise more than 4 dental
11        assistants at any one time for the monitoring of
12        nitrous oxide.
13            (5) Removal of calculus from human teeth.
14            (6) Taking of impressions for the fabrication of
15        prosthetic appliances, crowns, bridges, inlays,
16        onlays, or other restorative or replacement dentistry.
17            (7) The operative procedure of dental hygiene
18        consisting of oral prophylactic procedures, except for
19        coronal polishing and pit and fissure sealants, which
20        may be performed by a dental assistant who has
21        successfully completed a training program approved by
22        the Department. Dental assistants may perform coronal
23        polishing under the following circumstances: (i) the
24        coronal polishing shall be limited to polishing the
25        clinical crown of the tooth and existing restorations,
26        supragingivally; (ii) the dental assistant performing

 

 

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1        the coronal polishing shall be limited to the use of
2        rotary instruments using a rubber cup or brush
3        polishing method (air polishing is not permitted); and
4        (iii) the supervising dentist shall not supervise more
5        than 4 dental assistants at any one time for the task
6        of coronal polishing or pit and fissure sealants.
7            In addition to coronal polishing and pit and
8        fissure sealants as described in this item (7), a
9        dental assistant who has successfully completed a
10        training program approved by rule by the Department may
11        perform intracoronal temporization of a tooth. The
12        training program approved by the Department must: (I)
13        include a minimum of 6 hours of instruction in both
14        didactic and clinical manikin or human subject
15        instruction; (II) include an outcome assessment
16        examination that demonstrates competency; and (III)
17        issue a certificate of completion of the training
18        program, which must be kept on file at the dental
19        office. A dental assistant performing these functions
20        shall be limited to the use of hand instruments only.
21        In addition, intracoronal temporization as described
22        in this paragraph shall only be utilized on patients
23        who are eligible for Medicaid or who are uninsured and
24        whose household income is not greater than 200% of the
25        federal poverty level. A dentist may not supervise more
26        than 2 dental assistants at any one time. This

 

 

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1        paragraph is inoperative on and after January 1, 2021.
2        The limitations on the number of dental assistants a
3    dentist may supervise contained in items (2), (4), and (7)
4    of this paragraph (g) mean a limit of 4 total dental
5    assistants or dental hygienists doing expanded functions
6    covered by these Sections being supervised by one dentist.
7        (h) The practice of dentistry by an individual who:
8            (i) has applied in writing to the Department, in
9        form and substance satisfactory to the Department, for
10        a general dental license and has complied with all
11        provisions of Section 9 of this Act, except for the
12        passage of the examination specified in subsection (e)
13        of Section 9 of this Act; or
14            (ii) has applied in writing to the Department, in
15        form and substance satisfactory to the Department, for
16        a temporary dental license and has complied with all
17        provisions of subsection (c) of Section 11 of this Act;
18        and
19            (iii) has been accepted or appointed for specialty
20        or residency training by a hospital situated in this
21        State; or
22            (iv) has been accepted or appointed for specialty
23        training in an approved dental program situated in this
24        State; or
25            (v) has been accepted or appointed for specialty
26        training in a dental public health agency situated in

 

 

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1        this State.
2        The applicant shall be permitted to practice dentistry
3    for a period of 3 months from the starting date of the
4    program, unless authorized in writing by the Department to
5    continue such practice for a period specified in writing by
6    the Department.
7        The applicant shall only be entitled to perform such
8    acts as may be prescribed by and incidental to his or her
9    program of residency or specialty training and shall not
10    otherwise engage in the practice of dentistry in this
11    State.
12        The authority to practice shall terminate immediately
13    upon:
14            (1) the decision of the Department that the
15        applicant has failed the examination; or
16            (2) denial of licensure by the Department; or
17            (3) withdrawal of the application.
18(Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
1997-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
208-16-13; 98-756, eff. 7-16-14.)
 
21    (225 ILCS 25/18)   (from Ch. 111, par. 2318)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 18. Acts constituting the practice of dental hygiene;
24limitations.
25    (a) A person practices dental hygiene within the meaning of

 

 

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

 

 

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

 

 

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

 

 

09900HB0853ham002- 30 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 31 -LRB099 04677 MLM 39329 a

1urgent attention must be reported immediately to the
2supervising dentist for appropriate assessment and treatment.
3    This subsection (h) is inoperative on and after January 1,
42021.
5(Source: P.A. 97-526, eff. 1-1-12.)
 
6    (225 ILCS 25/18.1 new)
7    Sec. 18.1. Public health dental supervision
8responsibilities.
9    (a) When working together in a public health supervision
10relationship, dentists and public health dental hygienists
11shall enter into a public health supervision agreement. The
12dentist providing public health supervision must:
13        (1) be available to provide an appropriate level of
14    contact, communication, collaboration, and consultation
15    with the public health dental hygienist and must meet
16    in-person with the public health dental hygienist at least
17    quarterly for review and consultation;
18        (2) have specific standing orders or policy guidelines
19    for procedures that are to be carried out for each location
20    or program, although the dentist need not be present when
21    the procedures are being performed;
22        (3) provide for the patient's additional necessary
23    care in consultation with the public health dental
24    hygienist;
25        (4) file agreements and notifications as required; and

 

 

09900HB0853ham002- 32 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 33 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 34 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 35 -LRB099 04677 MLM 39329 a

1    (f) This Section is repealed on January 1, 2021.
 
2    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 23. Refusal, revocation or suspension of dental
5licenses. The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand or take other
7disciplinary or non-disciplinary action as the Department may
8deem proper, including imposing fines not to exceed $10,000 per
9violation, with regard to any license for any one or any
10combination of the following causes:
11        1. Fraud or misrepresentation in applying for or
12    procuring a license under this Act, or in connection with
13    applying for renewal of a license under this Act.
14        2. Inability to practice with reasonable judgment,
15    skill, or safety as a result of habitual or excessive use
16    or addiction to alcohol, narcotics, stimulants, or any
17    other chemical agent or drug.
18        3. Willful or repeated violations of the rules of the
19    Department of Public Health or Department of Nuclear
20    Safety.
21        4. Acceptance of a fee for service as a witness,
22    without the knowledge of the court, in addition to the fee
23    allowed by the court.
24        5. Division of fees or agreeing to split or divide the
25    fees received for dental services with any person for

 

 

09900HB0853ham002- 36 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 37 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 38 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 39 -LRB099 04677 MLM 39329 a

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

 

 

09900HB0853ham002- 40 -LRB099 04677 MLM 39329 a

1    by the Department of Children and Family Services pursuant
2    to the Abused and Neglected Child Reporting Act, and upon
3    proof by clear and convincing evidence that the licensee
4    has caused a child to be an abused child or neglected child
5    as defined in the Abused and Neglected Child Reporting Act.
6        28. Violating the Health Care Worker Self-Referral
7    Act.
8        29. Abandonment of a patient.
9        30. Mental incompetency as declared by a court of
10    competent jurisdiction.
11        31. 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        32. Material misstatement in furnishing information to
15    the Department.
16        33. 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        34. 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        35. Cheating on or attempting to subvert the licensing
23    examination administered under this Act.
24        36. A pattern of practice or other behavior that
25    demonstrates incapacity or incompetence to practice under
26    this Act.

 

 

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1        37. Failure to establish and maintain records of
2    patient care and treatment as required under this Act.
3        38. Failure to provide copies of dental records as
4    required by law.
5    All proceedings to suspend, revoke, place on probationary
6status, or take any other disciplinary action as the Department
7may deem proper, with regard to a license on any of the
8foregoing grounds, must be commenced within 5 3 years after
9receipt by the Department of a complaint alleging the
10commission of or notice of the conviction order for any of the
11acts described herein. Except for fraud in procuring a license,
12no action shall be commenced more than 7 5 years after the date
13of the incident or act alleged to have violated this Section.
14The time during which the holder of the license was outside the
15State of Illinois shall not be included within any period of
16time limiting the commencement of disciplinary action by the
17Department.
18    All fines imposed under this Section shall be paid within
1960 days after the effective date of the order imposing the fine
20or in accordance with the terms set forth in the order imposing
21the fine.
22    The Department may refuse to issue or may suspend the
23license of any person who fails to file a return, or to pay the
24tax, penalty or interest shown in a filed return, or to pay any
25final assessment of tax, penalty or interest, as required by
26any tax Act administered by the Illinois Department of Revenue,

 

 

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1until such time as the requirements of any such tax Act are
2satisfied.
3    Any dentist who has had his or her license suspended or
4revoked for more than 5 years must comply with the requirements
5for restoration set forth in Section 16 prior to being eligible
6for reinstatement from the suspension or revocation.
7(Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11;
897-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
 
9    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 24. Refusal, Suspension or Revocation of Dental
12Hygienist License. The Department may refuse to issue or renew
13or may revoke, suspend, place on probation, reprimand or take
14other disciplinary or non-disciplinary action as the
15Department may deem proper, including imposing fines not to
16exceed $10,000 per violation, with regard to any dental
17hygienist license for any one or any combination of the
18following causes:
19        1. Fraud or misrepresentation in applying for or
20    procuring a license under this Act, or in connection with
21    applying for renewal of a license under this Act.
22        2. Performing any operation not authorized by this Act.
23        3. Practicing dental hygiene other than under the
24    supervision of a licensed dentist as provided by this Act.
25        4. The wilful violation of, or the wilful procuring of,

 

 

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1    or knowingly assisting in the violation of, any Act which
2    is now or which hereafter may be in force in this State
3    relating to the use of habit-forming drugs.
4        5. The obtaining of, or an attempt to obtain a license,
5    or practice in the profession, or money, or any other thing
6    of value by fraudulent representation.
7        6. Gross negligence in performing the operative
8    procedure of dental hygiene.
9        7. Active practice of dental hygiene while knowingly
10    having any infectious, communicable, or contagious disease
11    proscribed by rule or regulation of the Department.
12        8. Inability to practice with reasonable judgment,
13    skill, or safety as a result of habitual or excessive use
14    or addiction to alcohol, narcotics, stimulants, or any
15    other chemical agent or drug.
16        9. Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or by
18    sentencing of 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 or (ii) is a misdemeanor, an essential element
23    of which is dishonesty, or that is directly related to the
24    practice of dental hygiene.
25        10. Aiding or abetting the unlicensed practice of
26    dentistry or dental hygiene.

 

 

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

 

 

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1        21. Practicing under a false or, except as provided by
2    law, an assumed name.
3    The provisions of this Act relating to proceedings for the
4suspension and revocation of a license to practice dentistry
5shall apply to proceedings for the suspension or revocation of
6a license as a dental hygienist.
7    All proceedings to suspend, revoke, place on probationary
8status, or take any other disciplinary action as the Department
9may deem proper with regard to a license on any of the grounds
10contained in this Section, must be commenced within 5 years
11after receipt by the Department of a complaint alleging the
12commission of or notice of the conviction order for any of the
13acts described in this Section. Except for fraud in procuring a
14license, no action shall be commenced more than 7 years after
15the date of the incident or act alleged to have violated this
16Section. The time during which the holder of the license was
17outside the State of Illinois shall not be included within any
18period of time limiting the commencement of disciplinary action
19by the Department.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    Any dental hygienist who has had his or her license
25suspended or revoked for more than 5 years must comply with the
26requirements for restoration set forth in Section 16 prior to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09900HB0853ham002- 50 -LRB099 04677 MLM 39329 a

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

 

 

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

 

 

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1reporting service and pays for a transcript of the record, the
2time elapsing thereafter and before such transcript is ready
3for delivery to him or her shall not be counted as part of such
420 days.
5    At the expiration of the time allowed for filing a motion
6for rehearing the Secretary may take the action recommended by
7the Board. Upon suspension, revocation, placement on
8probationary status, or the taking of any other disciplinary
9action, including the limiting of the scope, nature, or extent
10of one's practice, deemed proper by the Secretary, with regard
11to the license, the respondent shall surrender his or her
12license to the Department, if ordered to do so by the
13Department, and upon his or her failure or refusal to do so,
14the Department may seize the same.
15    In all instances under this Act in which the Board has
16rendered a recommendation to the Secretary with respect to a
17particular person, the Secretary shall, to the extent that he
18or she disagrees with or takes action contrary to the
19recommendation of the Board, file with the Board his or her
20specific written reasons of disagreement. Such reasons shall be
21filed within 30 days after the Secretary has taken the contrary
22position.
23    Each order of revocation, suspension, or other
24disciplinary action shall contain a brief, concise statement of
25the ground or grounds upon which the Department's action is
26based, as well as the specific terms and conditions of such

 

 

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

 

 

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1the 60 day period, the Secretary shall issue an order based on
2the report of the hearing officer. If the Secretary determines
3that the Board's report is contrary to the manifest weight of
4the evidence, he or she may issue an order in contravention of
5the Board's report.
6    Whenever the Secretary is satisfied that substantial
7justice has not been done in a formal disciplinary action or
8refusal to restore a license, he or she may order a
9reexamination or rehearing by the same or other hearing
10officer.
11(Source: P.A. 97-1013, eff. 8-17-12.)
 
12    (225 ILCS 25/41)  (from Ch. 111, par. 2341)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 41. Dental Coordinator. The Department shall select a
15dental coordinator, who shall not be a member of the Board. The
16dental coordinator shall be a dentist. The dental coordinator
17shall be the chief enforcement officer of the disciplinary
18provisions of this Act.
19    The Department shall employ, in conformity with the
20"Personnel Code", such investigators as it deems necessary to
21investigate violations of this Act not less than one full-time
22investigator for every 3,000 dentists and dental hygienists in
23the State. Each investigator shall be a college graduate with
24at least 2 years' investigative experience or one year of
25advanced dental or medical education. The Department shall

 

 

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

 

 

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1writing, the dentist's name, license number, address, and
2information on how the patient or the patient's parent or
3guardian may obtain the patient's dental records, as provided
4by law.
5(Source: P.A. 97-526, eff. 1-1-12.)
 
6    (225 ILCS 25/35 rep.)
7    Section 20. The Illinois Dental Practice Act is amended by
8repealing Section 35.
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect December
1731, 2015.".