97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3494

 

Introduced 2/24/2011, by Rep. Dan Reitz

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/23  from Ch. 111, par. 2323
225 ILCS 25/24  from Ch. 111, par. 2324
225 ILCS 25/34.5 new

    Amends the Illinois Dental Practice Act. Allows the Department to refuse to issue, renew, revoke, suspend, or take other disciplinary action action as the Department may deem proper against either a licensed dentist or dentist hygienist if the Department finds the licensee, after having his or her licensee placed on probationary status, has violated the terms of probation. Permits the Department to disclose information and documents in response to a federal, State, County, or local law enforcement agency subpoena in conjunction with an ongoing criminal investigation. Provides that the Department shall not disclose any information, including, but not limited to, any complaint against a licensee filed with the Department, however, a formal complaint filed by the Department against a licensee and any related information used in a proceeding or adjudication is a public record. Effective immediately.


LRB097 08664 CEL 48793 b

 

 

A BILL FOR

 

HB3494LRB097 08664 CEL 48793 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 and by adding Section 34.5 as
6follows:
 
7    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 23. Refusal, revocation or suspension of dental
10licenses. The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand or take other
12disciplinary action as the Department may deem proper,
13including fines not to exceed $10,000 per violation, with
14regard to any license for any one or any combination of the
15following causes:
16        1. Fraud in procuring the license.
17        2. Habitual intoxication or addiction to the use of
18    drugs.
19        3. Willful or repeated violations of the rules of the
20    Department of Public Health or Department of Nuclear
21    Safety.
22        4. Acceptance of a fee for service as a witness,
23    without the knowledge of the court, in addition to the fee

 

 

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

 

 

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1        8. Professional connection or association with or
2    lending his name to another for the illegal practice of
3    dentistry by another, or professional connection or
4    association with any person, firm or corporation holding
5    himself, herself, themselves, or itself out in any manner
6    contrary to this Act.
7        9. Obtaining or seeking to obtain practice, money, or
8    any other things of value by false or fraudulent
9    representations, but not limited to, engaging in such
10    fraudulent practice to defraud the medical assistance
11    program of the Department of Healthcare and Family Services
12    (formerly Department of Public Aid).
13        10. Practicing under a name other than his or her own.
14        11. Engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public.
17        12. Conviction in this or another State of any crime
18    which is a felony under the laws of this State or
19    conviction of a felony in a federal court, conviction of a
20    misdemeanor, an essential element of which is dishonesty,
21    or conviction of any crime which is directly related to the
22    practice of dentistry or dental hygiene.
23        13. Permitting a dental hygienist, dental assistant or
24    other person under his or her supervision to perform any
25    operation not authorized by this Act.
26        14. Permitting more than 4 dental hygienists to be

 

 

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

 

 

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

 

 

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1    proof by clear and convincing evidence that the licensee
2    has caused a child to be an abused child or neglected child
3    as defined in the Abused and Neglected Child Reporting Act.
4        28. Violating the Health Care Worker Self-Referral
5    Act.
6        29. Abandonment of a patient.
7        30. Mental incompetency as declared by a court of
8    competent jurisdiction.
9        31. A finding by the Department that the licensee,
10    after having his or her license placed on probationary
11    status, has violated the terms of probation.
12    All proceedings to suspend, revoke, place on probationary
13status, or take any other disciplinary action as the Department
14may deem proper, with regard to a license on any of the
15foregoing grounds, must be commenced within 3 years after
16receipt by the Department of a complaint alleging the
17commission of or notice of the conviction order for any of the
18acts described herein. Except for fraud in procuring a license,
19no action shall be commenced more than 5 years after the date
20of the incident or act alleged to have violated this Section.
21The time during which the holder of the license was outside the
22State of Illinois shall not be included within any period of
23time limiting the commencement of disciplinary action by the
24Department.
25    The Department may refuse to issue or may suspend the
26license of any person who fails to file a return, or to pay the

 

 

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1tax, penalty or interest shown in a filed return, or to pay any
2final assessment of tax, penalty or interest, as required by
3any tax Act administered by the Illinois Department of Revenue,
4until such time as the requirements of any such tax Act are
5satisfied.
6(Source: P.A. 96-1482, eff. 11-29-10.)
 
7    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 24. Refusal, Suspension or Revocation of Dental
10Hygienist License. The Department may refuse to issue or renew
11or may revoke, suspend, place on probation, reprimand or take
12other disciplinary action as the Department may deem proper,
13including fines not to exceed $2,500 per violation, with regard
14to any dental hygienist license for any one or any combination
15of the following causes:
16        1. Fraud in procuring license.
17        2. Performing any operation not authorized by this Act.
18        3. Practicing dental hygiene other than under the
19    supervision of a licensed dentist as provided by this Act.
20        4. The wilful violation of, or the wilful procuring of,
21    or knowingly assisting in the violation of, any Act which
22    is now or which hereafter may be in force in this State
23    relating to the use of habit-forming drugs.
24        5. The obtaining of, or an attempt to obtain a license,
25    or practice in the profession, or money, or any other thing

 

 

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1    of value by fraudulent representation.
2        6. Gross negligence in performing the operative
3    procedure of dental hygiene.
4        7. Active practice of dental hygiene while knowingly
5    having any infectious, communicable, or contagious disease
6    proscribed by rule or regulation of the Department.
7        8. Habitual intoxication or addiction to the use of
8    habit-forming drugs.
9        9. Conviction in this or another state of any crime
10    which is a felony under the laws of this State or
11    conviction of a felony in a federal court, if the
12    Department determines, after investigation, that such
13    person has not been sufficiently rehabilitated to warrant
14    the public trust.
15        10. Aiding or abetting the unlicensed practice of
16    dentistry or dental hygiene.
17        11. Discipline by another U.S. jurisdiction or a
18    foreign nation, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to those
20    set forth in this Act.
21        12. Violating the Health Care Worker Self-Referral
22    Act.
23        13. Violating the prohibitions of Section 38.1 of this
24    Act.
25        14. Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud, or harm the public.
2        15. A finding by the Department that the licensee,
3    after having his or her license placed on probationary
4    status, has violated the terms of probation.
5    The provisions of this Act relating to proceedings for the
6suspension and revocation of a license to practice dentistry
7shall apply to proceedings for the suspension or revocation of
8a license as a dental hygienist.
9(Source: P.A. 94-409, eff. 12-31-05.)
 
10    (225 ILCS 25/34.5 new)
11    Sec. 34.5. Access to records. Except as otherwise provided
12in this Section, the Department must maintain all information
13collected under an investigation of a licensee, including, but
14not limited to, any complaint against a licensee filed with the
15Department, for the confidential and exclusive use of the
16Department. The Department may, however, disclose such
17information and any document in response to a federal, State,
18County, or local law enforcement agency subpoena issued in
19conjunction with an ongoing criminal investigation.
20Furthermore, the information and documents that an agency
21discloses to a federal, State, County, or local law enforcement
22agency for an investigation and prosecution of a criminal
23offense must not be disclosed to any other agency or person or
24for any other purpose other than an investigation and
25prosecution of a criminal offense. A formal complaint filed by

 

 

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1the Department against a licensee seeking discipline of the
2licensee's license and any information used by the Department
3in a proceeding or adjudication is a public record, except as
4otherwise prohibited by law.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.