HB0274 EngrossedLRB097 02702 CEL 42721 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 23 and 24 as follows:
 
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7    (Section scheduled to be repealed on January 1, 2016)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 action as the Department may deem proper,
12including fines not to exceed $10,000 per violation, with
13regard to any license for any one or any combination of the
14following causes:
15        1. Fraud in procuring the license.
16        2. Habitual intoxication or addiction to the use of
17    drugs.
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.

 

 

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1        5. Division of fees or agreeing to split or divide the
2    fees received for dental services with any person for
3    bringing or referring a patient, except in regard to
4    referral services as provided for under Section 45, or
5    assisting in the care or treatment of a patient, without
6    the knowledge of the patient or his legal representative.
7        6. Employing, procuring, inducing, aiding or abetting
8    a person not licensed or registered as a dentist to engage
9    in the practice of dentistry. The person practiced upon is
10    not an accomplice, employer, procurer, inducer, aider, or
11    abetter within the meaning of this Act.
12        7. Making any misrepresentations or false promises,
13    directly or indirectly, to influence, persuade or induce
14    dental patronage.
15        8. Professional connection or association with or
16    lending his name to another for the illegal practice of
17    dentistry by another, or professional connection or
18    association with any person, firm or corporation holding
19    himself, herself, themselves, or itself out in any manner
20    contrary to this Act.
21        9. Obtaining or seeking to obtain practice, money, or
22    any other things of value by false or fraudulent
23    representations, but not limited to, engaging in such
24    fraudulent practice to defraud the medical assistance
25    program of the Department of Healthcare and Family Services
26    (formerly Department of Public Aid).

 

 

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1        10. Practicing under a name other than his or her own.
2        11. Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public.
5        12. Conviction in this or another State of any crime
6    which is a felony under the laws of this State or
7    conviction of a felony in a federal court, conviction of a
8    misdemeanor, an essential element of which is dishonesty,
9    or conviction of any crime which is directly related to the
10    practice of dentistry or dental hygiene.
11        13. Permitting a dental hygienist, dental assistant or
12    other person under his or her supervision to perform any
13    operation not authorized by this Act.
14        14. Permitting more than 4 dental hygienists to be
15    employed under his supervision at any one time.
16        15. A violation of any provision of this Act or any
17    rules promulgated under this Act.
18        16. Taking impressions for or using the services of any
19    person, firm or corporation violating this Act.
20        17. Violating any provision of Section 45 relating to
21    advertising.
22        18. Discipline by another U.S. jurisdiction or foreign
23    nation, if at least one of the grounds for the discipline
24    is the same or substantially equivalent to those set forth
25    within this Act.
26        19. Willfully failing to report an instance of

 

 

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1    suspected child abuse or neglect as required by the Abused
2    and Neglected Child Reporting Act.
3        20. Gross or repeated malpractice resulting in injury
4    or death of a patient.
5        21. The use or prescription for use of narcotics or
6    controlled substances or designated products as listed in
7    the Illinois Controlled Substances Act, in any way other
8    than for therapeutic purposes.
9        22. Willfully making or filing false records or reports
10    in his practice as a dentist, including, but not limited
11    to, false records to support claims against the dental
12    assistance program of the Department of Healthcare and
13    Family Services (formerly Illinois Department of Public
14    Aid).
15        23. Professional incompetence as manifested by poor
16    standards of care.
17        24. Physical or mental illness, including, but not
18    limited to, deterioration through the aging process, or
19    loss of motor skills which results in a dentist's inability
20    to practice dentistry with reasonable judgment, skill or
21    safety. In enforcing this paragraph, the Department may
22    compel a person licensed to practice under this Act to
23    submit to a mental or physical examination pursuant to the
24    terms and conditions of Section 23b.
25        25. Repeated irregularities in billing a third party
26    for services rendered to a patient. For purposes of this

 

 

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1    paragraph 25, "irregularities in billing" shall include:
2            (a) Reporting excessive charges for the purpose of
3        obtaining a total payment in excess of that usually
4        received by the dentist for the services rendered.
5            (b) Reporting charges for services not rendered.
6            (c) Incorrectly reporting services rendered for
7        the purpose of obtaining payment not earned.
8        26. Continuing the active practice of dentistry while
9    knowingly having any infectious, communicable, or
10    contagious disease proscribed by rule or regulation of the
11    Department.
12        27. Being named as a perpetrator in an indicated report
13    by the Department of Children and Family Services pursuant
14    to the Abused and Neglected Child Reporting Act, and upon
15    proof by clear and convincing evidence that the licensee
16    has caused a child to be an abused child or neglected child
17    as defined in the Abused and Neglected Child Reporting Act.
18        28. Violating the Health Care Worker Self-Referral
19    Act.
20        29. Abandonment of a patient.
21        30. Mental incompetency as declared by a court of
22    competent jurisdiction.
23        31. A finding by the Department that the licensee,
24    after having his or her license placed on probationary
25    status, has violated the terms of probation.
26    All proceedings to suspend, revoke, place on probationary

 

 

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1status, or take any other disciplinary action as the Department
2may deem proper, with regard to a license on any of the
3foregoing grounds, must be commenced within 3 years after
4receipt by the Department of a complaint alleging the
5commission of or notice of the conviction order for any of the
6acts described herein. Except for fraud in procuring a license,
7no action shall be commenced more than 5 years after the date
8of the incident or act alleged to have violated this Section.
9The time during which the holder of the license was outside the
10State of Illinois shall not be included within any period of
11time limiting the commencement of disciplinary action by the
12Department.
13    The Department may refuse to issue or may suspend the
14license of any person who fails to file a return, or to pay the
15tax, penalty or interest shown in a filed return, or to pay any
16final assessment of tax, penalty or interest, as required by
17any tax Act administered by the Illinois Department of Revenue,
18until such time as the requirements of any such tax Act are
19satisfied.
20(Source: P.A. 94-1014, eff. 7-7-06.)
 
21    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 24. Refusal, Suspension or Revocation of Dental
24Hygienist License. The Department may refuse to issue or renew
25or may revoke, suspend, place on probation, reprimand or take

 

 

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1other disciplinary action as the Department may deem proper,
2including fines not to exceed $2,500 per violation, with regard
3to any dental hygienist license for any one or any combination
4of the following causes:
5        1. Fraud in procuring license.
6        2. Performing any operation not authorized by this Act.
7        3. Practicing dental hygiene other than under the
8    supervision of a licensed dentist as provided by this Act.
9        4. The wilful violation of, or the wilful procuring of,
10    or knowingly assisting in the violation of, any Act which
11    is now or which hereafter may be in force in this State
12    relating to the use of habit-forming drugs.
13        5. The obtaining of, or an attempt to obtain a license,
14    or practice in the profession, or money, or any other thing
15    of value by fraudulent representation.
16        6. Gross negligence in performing the operative
17    procedure of dental hygiene.
18        7. Active practice of dental hygiene while knowingly
19    having any infectious, communicable, or contagious disease
20    proscribed by rule or regulation of the Department.
21        8. Habitual intoxication or addiction to the use of
22    habit-forming drugs.
23        9. Conviction in this or another state of any crime
24    which is a felony under the laws of this State or
25    conviction of a felony in a federal court, if the
26    Department determines, after investigation, that such

 

 

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1    person has not been sufficiently rehabilitated to warrant
2    the public trust.
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    The provisions of this Act relating to proceedings for the
20suspension and revocation of a license to practice dentistry
21shall apply to proceedings for the suspension or revocation of
22a license as a dental hygienist.
23(Source: P.A. 94-409, eff. 12-31-05.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.