Rep. Michael J. Zalewski

Filed: 11/4/2015

 

 


 

 


 
09900HB0853ham003LRB099 04677 MLM 39357 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 Acts Act repealed on January 1, 2026.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8following Acts are Act is repealed on January 1, 2026: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14    (Section scheduled to be repealed on January 1, 2016)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

 

 

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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.

 

 

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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

 

 

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

 

 

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1            (v) has been accepted or appointed for specialty
2        training in a dental public health agency situated in
3        this State.
4        The applicant shall be permitted to practice dentistry
5    for a period of 3 months from the starting date of the
6    program, unless authorized in writing by the Department to
7    continue such practice for a period specified in writing by
8    the Department.
9        The applicant shall only be entitled to perform such
10    acts as may be prescribed by and incidental to his or her
11    program of residency or specialty training and shall not
12    otherwise engage in the practice of dentistry in this
13    State.
14        The authority to practice shall terminate immediately
15    upon:
16            (1) the decision of the Department that the
17        applicant has failed the examination; or
18            (2) denial of licensure by the Department; or
19            (3) withdrawal of the application.
20(Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
2197-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
228-16-13; 98-756, eff. 7-16-14.)
 
23    (225 ILCS 25/18)   (from Ch. 111, par. 2318)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 18. Acts constituting the practice of dental hygiene;

 

 

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

 

 

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

 

 

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

 

 

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1or fluoride treatments must be implemented within 180 days
2after its issuance. An updated medical history and observation
3of oral conditions must be performed by the hygienist
4immediately prior to beginning the procedures to ensure that
5the patient's health has not changed in any manner to warrant a
6reexamination by the dentist.
7    (f) Without the supervision of a dentist, a dental
8hygienist may perform dental health education functions and may
9record case histories and oral conditions observed.
10    (g) The number of dental hygienists practicing in a dental
11office shall not exceed, at any one time, 4 times the number of
12dentists practicing in the office at the time.
13    (h) A dental hygienist who is certified as a public health
14dental hygienist may provide services to patients: (1) who are
15eligible for Medicaid or (2) who are uninsured and whose
16household income is not greater than 200% of the federal
17poverty level. A public health dental hygienist may perform
18oral assessments, perform screenings, and provide educational
19and preventative services as provided in subsection (b) of
20Section 18.1 of this Act. The public health dental hygienist
21may not administer local anesthesia or nitrous oxide, or place,
22carve, or finish amalgam restorations or provide periodontal
23therapy under this exception. Each patient must sign a consent
24form that acknowledges that the care received does not take the
25place of a regular dental examination. The public health dental
26hygienist must provide the patient or guardian a written

 

 

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1referral to a dentist for assessment of the need for further
2dental care at the time of treatment. Any indication or
3observation of a condition that could warrant the need for
4urgent attention must be reported immediately to the
5supervising dentist for appropriate assessment and treatment.
6    This subsection (h) is inoperative on and after January 1,
72021.
8(Source: P.A. 97-526, eff. 1-1-12.)
 
9    (225 ILCS 25/18.1 new)
10    Sec. 18.1. Public health dental supervision
11responsibilities.
12    (a) When working together in a public health supervision
13relationship, dentists and public health dental hygienists
14shall enter into a public health supervision agreement. The
15dentist providing public health supervision must:
16        (1) be available to provide an appropriate level of
17    contact, communication, collaboration, and consultation
18    with the public health dental hygienist and must meet
19    in-person with the public health dental hygienist at least
20    quarterly for review and consultation;
21        (2) have specific standing orders or policy guidelines
22    for procedures that are to be carried out for each location
23    or program, although the dentist need not be present when
24    the procedures are being performed;
25        (3) provide for the patient's additional necessary

 

 

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

 

 

09900HB0853ham003- 32 -LRB099 04677 MLM 39357 a

1supervise and enter into agreements for public health
2supervision with 2 public health dental hygienists. This shall
3be in addition to the limit of 4 dental hygienists per dentist
4set forth in subsection (g) of Section 18 of this Act.
5    (b) A public health dental hygienist providing services
6under public health supervision may perform only those duties
7within the accepted scope of practice of dental hygiene, as
8follows:
9        (1) the operative procedures of dental hygiene,
10    consisting of oral prophylactic procedures, including
11    prophylactic cleanings, application of fluoride, and
12    placement of sealants;
13        (2) the exposure and processing of x-ray films of the
14    teeth and surrounding structures; and
15        (3) such other procedures and acts as shall be
16    prescribed by rule of the Department.
17    Any patient treated under this subsection (b) must be
18examined by a dentist before additional services can be
19provided by a public health dental hygienist.
20    (c) A public health dental hygienist providing services
21under public health supervision must:
22        (1) provide to the patient, parent, or guardian a
23    written plan for referral or an agreement for follow-up
24    that records all conditions observed that should be called
25    to the attention of a dentist for proper diagnosis;
26        (2) have each patient sign a permission slip or consent

 

 

09900HB0853ham003- 33 -LRB099 04677 MLM 39357 a

1    form that informs them that the service to be received does
2    not take the place of regular dental checkups at a dental
3    office and is meant for people who otherwise would not have
4    access to the service;
5        (3) inform each patient who may require further dental
6    services of that need;
7        (4) maintain an appropriate level of contact and
8    communication with the dentist providing public health
9    supervision; and
10        (5) complete an additional 4 hours of continuing
11    education in areas specific to public health dentistry
12    yearly.
13    (d) Each public health dental hygienist who has rendered
14services under subsections (c), (d), and (e) of this Section
15must complete a summary report at the completion of a program
16or, in the case of an ongoing program, at least annually. The
17report must be completed in the manner specified by the
18Division of Oral Health in the Department of Public Health
19including information about each location where the public
20health dental hygienist has rendered these services. The public
21health dental hygienist must submit the form to the dentist
22providing supervision for his or her signature before sending
23it to the Division.
24    (e) Public health dental hygienists providing services
25under public health supervision may be compensated for their
26work by salary, honoraria, and other mechanisms by the

 

 

09900HB0853ham003- 34 -LRB099 04677 MLM 39357 a

1employing or sponsoring entity. Nothing in this Act shall
2preclude the entity that employs or sponsors a public health
3dental hygienist from seeking payment, reimbursement, or other
4source of funding for the services provided.
5    (f) This Section is repealed on January 1, 2021.
 
6    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 23. Refusal, revocation or suspension of dental
9licenses. The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand or take other
11disciplinary or non-disciplinary action as the Department may
12deem proper, including imposing fines not to exceed $10,000 per
13violation, with regard to any license for any one or any
14combination of the following causes:
15        1. Fraud or misrepresentation in applying for or
16    procuring a license under this Act, or in connection with
17    applying for renewal of a license under this Act.
18        2. Inability to practice with reasonable judgment,
19    skill, or safety as a result of habitual or excessive use
20    or addiction to alcohol, narcotics, stimulants, or any
21    other chemical agent or drug.
22        3. Willful or repeated violations of the rules of the
23    Department of Public Health or Department of Nuclear
24    Safety.
25        4. Acceptance of a fee for service as a witness,

 

 

09900HB0853ham003- 35 -LRB099 04677 MLM 39357 a

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

 

 

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

 

 

09900HB0853ham003- 37 -LRB099 04677 MLM 39357 a

1    is a felony under the laws of this State or (ii) is a
2    misdemeanor, an essential element of which is dishonesty,
3    or that is directly related to the practice of dentistry.
4        13. Permitting a dental hygienist, dental assistant or
5    other person under his or her supervision to perform any
6    operation not authorized by this Act.
7        14. Permitting more than 4 dental hygienists to be
8    employed under his or her supervision at any one time.
9        15. A violation of any provision of this Act or any
10    rules promulgated under this Act.
11        16. Taking impressions for or using the services of any
12    person, firm or corporation violating this Act.
13        17. Violating any provision of Section 45 relating to
14    advertising.
15        18. Discipline by another U.S. jurisdiction or foreign
16    nation, if at least one of the grounds for the discipline
17    is the same or substantially equivalent to those set forth
18    within this Act.
19        19. Willfully failing to report an instance of
20    suspected child abuse or neglect as required by the Abused
21    and Neglected Child Reporting Act.
22        20. Gross negligence in practice under this Act.
23        21. The use or prescription for use of narcotics or
24    controlled substances or designated products as listed in
25    the Illinois Controlled Substances Act, in any way other
26    than for therapeutic purposes.

 

 

09900HB0853ham003- 38 -LRB099 04677 MLM 39357 a

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

 

 

09900HB0853ham003- 39 -LRB099 04677 MLM 39357 a

1    knowingly having any infectious, communicable, or
2    contagious disease proscribed by rule or regulation of the
3    Department.
4        27. Being named as a perpetrator in an indicated report
5    by the Department of Children and Family Services pursuant
6    to the Abused and Neglected Child Reporting Act, and upon
7    proof by clear and convincing evidence that the licensee
8    has caused a child to be an abused child or neglected child
9    as defined in the Abused and Neglected Child Reporting Act.
10        28. Violating the Health Care Worker Self-Referral
11    Act.
12        29. Abandonment of a patient.
13        30. Mental incompetency as declared by a court of
14    competent jurisdiction.
15        31. A finding by the Department that the licensee,
16    after having his or her license placed on probationary
17    status, has violated the terms of probation.
18        32. Material misstatement in furnishing information to
19    the Department.
20        33. Failing, within 60 days, to provide information in
21    response to a written request by the Department in the
22    course of an investigation.
23        34. Immoral conduct in the commission of any act,
24    including, but not limited to, commission of an act of
25    sexual misconduct related to the licensee's practice.
26        35. Cheating on or attempting to subvert the licensing

 

 

09900HB0853ham003- 40 -LRB099 04677 MLM 39357 a

1    examination administered under this Act.
2        36. A pattern of practice or other behavior that
3    demonstrates incapacity or incompetence to practice under
4    this Act.
5        37. Failure to establish and maintain records of
6    patient care and treatment as required under this Act.
7        38. Failure to provide copies of dental records as
8    required by law.
9    All proceedings to suspend, revoke, place on probationary
10status, or take any other disciplinary action as the Department
11may deem proper, with regard to a license on any of the
12foregoing grounds, must be commenced within 5 3 years after
13receipt by the Department of a complaint alleging the
14commission of or notice of the conviction order for any of the
15acts described herein. Except for fraud in procuring a license,
16no action shall be commenced more than 7 5 years after the date
17of the incident or act alleged to have violated this Section.
18The time during which the holder of the license was outside the
19State of Illinois shall not be included within any period of
20time limiting the commencement of disciplinary action by the
21Department.
22    All fines imposed under this Section shall be paid within
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26    The Department may refuse to issue or may suspend the

 

 

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1license of any person who fails to file a return, or to pay the
2tax, penalty or interest shown in a filed return, or to pay any
3final assessment of tax, penalty or interest, as required by
4any tax Act administered by the Illinois Department of Revenue,
5until such time as the requirements of any such tax Act are
6satisfied.
7    Any dentist who has had his or her license suspended or
8revoked for more than 5 years must comply with the requirements
9for restoration set forth in Section 16 prior to being eligible
10for reinstatement from the suspension or revocation.
11(Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11;
1297-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
 
13    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 24. Refusal, Suspension or Revocation of Dental
16Hygienist License. The Department may refuse to issue or renew
17or may revoke, suspend, place on probation, reprimand or take
18other disciplinary or non-disciplinary action as the
19Department may deem proper, including imposing fines not to
20exceed $10,000 per violation, with regard to any dental
21hygienist license for any one or any combination of the
22following causes:
23        1. Fraud or misrepresentation in applying for or
24    procuring a license under this Act, or in connection with
25    applying for renewal of a license under this Act.

 

 

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

 

 

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

 

 

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1        19. Cheating on or attempting to subvert the licensing
2    examination administered under this Act.
3        20. Violations of this Act or of the rules promulgated
4    under this Act.
5        21. Practicing under a false or, except as provided by
6    law, an assumed name.
7    The provisions of this Act relating to proceedings for the
8suspension and revocation of a license to practice dentistry
9shall apply to proceedings for the suspension or revocation of
10a license as a dental hygienist.
11    All proceedings to suspend, revoke, place on probationary
12status, or take any other disciplinary action as the Department
13may deem proper with regard to a license on any of the grounds
14contained in this Section, must be commenced within 5 years
15after receipt by the Department of a complaint alleging the
16commission of or notice of the conviction order for any of the
17acts described in this Section. Except for fraud in procuring a
18license, no action shall be commenced more than 7 years after
19the date of the incident or act alleged to have violated this
20Section. The time during which the holder of the license was
21outside the State of Illinois shall not be included within any
22period of time limiting the commencement of disciplinary action
23by the Department.
24    All fines imposed under this Section shall be paid within
2560 days after the effective date of the order imposing the fine
26or in accordance with the terms set forth in the order imposing

 

 

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1the fine.
2    Any dental hygienist who has had his or her license
3suspended or revoked for more than 5 years must comply with the
4requirements for restoration set forth in Section 16 prior to
5being eligible for reinstatement from the suspension or
6revocation.
7(Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
 
8    (225 ILCS 25/25)  (from Ch. 111, par. 2325)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 25. Notice of hearing; investigations and informal
11conferences.
12    (a) Upon the motion of either the Department or the Board
13or upon the verified complaint in writing of any person setting
14forth facts which if proven would constitute grounds for
15refusal, suspension or revocation of license under this Act,
16the Board shall investigate the actions of any person,
17hereinafter called the respondent, who holds or represents that
18he or she holds a license. All such motions or complaints shall
19be brought to the Board.
20    (b) Prior to taking an in-person statement from a dentist
21or dental hygienist who is the subject of a complaint, the
22investigator shall inform the dentist or the dental hygienist
23in writing:
24        (1) that the dentist or dental hygienist is the subject
25    of a complaint;

 

 

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

 

 

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

 

 

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1Department at any subsequent hearing and shall not become a
2part of the record of the hearing.
3    (d) The Secretary shall, before suspending, revoking,
4placing on probationary status, or taking any other
5disciplinary action as the Secretary may deem proper with
6regard to any license, at least 30 days prior to the date set
7for the hearing, notify the respondent in writing of any
8charges made and the time and place for a hearing of the
9charges before the Board, direct him or her to file his or her
10written answer thereto to the Board under oath within 20 days
11after the service on him or her of such notice and inform him
12or her that if he or she fails to file such answer default will
13be taken against him or her and his or her license may be
14suspended, revoked, placed on probationary status, or other
15disciplinary action may be taken with regard thereto, including
16limiting the scope, nature or extent of his or her practice, as
17the Secretary may deem proper.
18    (e) Such written notice and any notice in such proceedings
19thereafter may be served by delivery personally to the
20respondent, or by registered or certified mail to the address
21last theretofore specified by the respondent in his or her last
22notification to the Secretary.
23(Source: P.A. 97-1013, eff. 8-17-12.)
 
24    (225 ILCS 25/26)  (from Ch. 111, par. 2326)
25    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 26. Disciplinary actions.
2    (a) In case the respondent, after receiving notice, fails
3to file an answer, his or her license may, in the discretion of
4the Secretary, having first received the recommendation of the
5Board, be suspended, revoked, placed on probationary status, or
6the Secretary may take whatever disciplinary or
7non-disciplinary action he or she may deem proper, including
8limiting the scope, nature, or extent of the person's practice
9or the imposition of a fine, without a hearing, if the act or
10acts charged constitute sufficient grounds for such action
11under this Act.
12    (b) The Secretary may temporarily suspend the license of a
13dentist or dental hygienist without a hearing, simultaneous to
14the institution of proceedings for a hearing under this Act, if
15the Secretary finds that evidence in his or her possession
16indicates that a dentist's or dental hygienist's continuation
17in practice would constitute an immediate danger to the public.
18In the event that the Secretary temporarily suspends the
19license of a dentist or a dental hygienist without a hearing, a
20hearing by the Board must be held within 15 days after such
21suspension has occurred.
22    (c) The entry of a judgment by any circuit court
23establishing that any person holding a license under this Act
24is a person subject to involuntary admission under the Mental
25Health and Developmental Disabilities Code shall operate as a
26suspension of that license. That person may resume his or her

 

 

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1practice only upon a finding by the Board that he or she has
2been determined to be no longer subject to involuntary
3admission by the court and upon the Board's recommendation to
4the Secretary that he or she be permitted to resume his or her
5practice.
6(Source: P.A. 97-1013, eff. 8-17-12.)
 
7    (225 ILCS 25/29)  (from Ch. 111, par. 2329)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 29. Recommendations for disciplinary action - Action
10by Secretary. The Board may advise the Secretary that probation
11be granted or that other disciplinary action, including the
12limitation of the scope, nature or extent of a person's
13practice, be taken, as it deems proper. If disciplinary action
14other than suspension or revocation is taken, the Board may
15advise that the Secretary impose reasonable limitations and
16requirements upon the respondent to insure compliance with the
17terms of the probation or other disciplinary action, including,
18but not limited to, regular reporting by the respondent to the
19Secretary of his or her actions, or the respondent's placing
20himself or herself under the care of a qualified physician for
21treatment or limiting his or her practice in such manner as the
22Secretary may require.
23    The Board shall present to the Secretary a written report
24of its findings and recommendations. A copy of such report
25shall be served upon the respondent, either personally or by

 

 

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1registered or certified mail. Within 20 days after such
2service, the respondent may present to the Department his or
3her motion in writing for a rehearing, specifying the
4particular ground therefor. If the respondent orders from the
5reporting service and pays for a transcript of the record, the
6time elapsing thereafter and before such transcript is ready
7for delivery to him or her shall not be counted as part of such
820 days.
9    At the expiration of the time allowed for filing a motion
10for rehearing the Secretary may take the action recommended by
11the Board. Upon suspension, revocation, placement on
12probationary status, or the taking of any other disciplinary
13action, including the limiting of the scope, nature, or extent
14of one's practice, deemed proper by the Secretary, with regard
15to the license, the respondent shall surrender his or her
16license to the Department, if ordered to do so by the
17Department, and upon his or her failure or refusal to do so,
18the Department may seize the same.
19    In all instances under this Act in which the Board has
20rendered a recommendation to the Secretary with respect to a
21particular person, the Secretary shall, to the extent that he
22or she disagrees with or takes action contrary to the
23recommendation of the Board, file with the Board his or her
24specific written reasons of disagreement. Such reasons shall be
25filed within 30 days after the Secretary has taken the contrary
26position.

 

 

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

 

 

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

 

 

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1investigator for every 3,000 dentists and dental hygienists in
2the State. Each investigator shall be a college graduate with
3at least 2 years' investigative experience or one year of
4advanced dental or medical education. The Department shall
5employ, in conformity with the "Personnel Code", such other
6professional, technical, investigative and clerical assistance
7on either a full or part-time basis, as the Department deems
8necessary for the proper performance of its duties. The
9Department shall retain and use such hearing officers as it
10deems necessary. All employees of the Department shall be
11directed by, and answerable to, the Department, with respect to
12their duties and functions.
13(Source: P.A. 84-365.)
 
14    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 50. Patient Records. Every dentist shall make a record
17of all dental work performed for each patient. The record shall
18be made in a manner and in sufficient detail that it may be
19used for identification purposes.
20    Dental records required by this Section shall be maintained
21for 10 years. Dental records required to be maintained under
22this Section, or copies of those dental records, shall be made
23available upon request to the patient or the patient's
24guardian. A dentist shall be entitled to reasonable
25reimbursement for the cost of reproducing these records, which

 

 

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1shall not exceed the cost allowed under Section 8-2001 8-2003
2of the Code of Civil Procedure. A dentist providing services
3through a mobile dental van or portable dental unit shall
4provide to the patient or the patient's parent or guardian, in
5writing, the dentist's name, license number, address, and
6information on how the patient or the patient's parent or
7guardian may obtain the patient's dental records, as provided
8by law.
9(Source: P.A. 97-526, eff. 1-1-12.)
 
10    (225 ILCS 25/35 rep.)
11    Section 20. The Illinois Dental Practice Act is amended by
12repealing Section 35.
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect December
2131, 2015.".