HB5752 EngrossedLRB097 20548 CEL 66134 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 4, 6, 7, 9, 13, 16, 16.1, 17, 19, 22, 23,
623a, 23b, 24, 25, 26, 27, 29, 30, 31, 32, 33, 37, 38, and 45 as
7follows:
 
8    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 4. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's or licensee's application
13file or license file as maintained by the Department's
14licensure maintenance unit. It is the duty of the applicant or
15licensee to inform the Department of any change of address and
16those changes must be made either through the Department's
17website or by contacting the Department.
18    (a) "Department" means the Illinois Department of
19Financial and Professional Regulation.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation. (b) "Director" means the Director of
22Professional Regulation.
23    (c) "Board" means the Board of Dentistry established by

 

 

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1Section 6 of this Act.
2    (d) "Dentist" means a person who has received a general
3license pursuant to paragraph (a) of Section 11 of this Act and
4who may perform any intraoral and extraoral procedure required
5in the practice of dentistry and to whom is reserved the
6responsibilities specified in Section 17.
7    (e) "Dental hygienist" means a person who holds a license
8under this Act to perform dental services as authorized by
9Section 18.
10    (f) "Dental assistant" means an appropriately trained
11person who, under the supervision of a dentist, provides dental
12services as authorized by Section 17.
13    (g) "Dental laboratory" means a person, firm or corporation
14which:
15        (i) engages in making, providing, repairing or
16    altering dental prosthetic appliances and other artificial
17    materials and devices which are returned to a dentist for
18    insertion into the human oral cavity or which come in
19    contact with its adjacent structures and tissues; and
20        (ii) utilizes or employs a dental technician to provide
21    such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    (h) "Supervision" means supervision of a dental hygienist
25or a dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure is

 

 

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1performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    (i) "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with Section
818 prior to treatment by the dental hygienist, and that the
9dentist authorize the procedures which are being carried out by
10a notation in the patient's record, but not requiring that a
11dentist be present when the authorized procedures are being
12performed. The issuance of a prescription to a dental
13laboratory by a dentist does not constitute general
14supervision.
15    (j) "Public member" means a person who is not a health
16professional. For purposes of board membership, any person with
17a significant financial interest in a health service or
18profession is not a public member.
19    (k) "Dentistry" means the healing art which is concerned
20with the examination, diagnosis, treatment planning and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    (l) "Branches of dentistry" means the various specialties
24of dentistry which, for purposes of this Act, shall be limited
25to the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

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

 

 

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1examination and evaluated the condition to be treated.
2    (r) "Dental emergency responder" means a dentist or dental
3hygienist who is appropriately certified in emergency medical
4response, as defined by the Department of Public Health.
5    (s) "Mobile dental van or portable dental unit" means any
6self-contained or portable dental unit in which dentistry is
7practiced that can be moved, towed, or transported from one
8location to another in order to establish a location where
9dental services can be provided.
10(Source: P.A. 97-526, eff. 1-1-12.)
 
11    (225 ILCS 25/6)   (from Ch. 111, par. 2306)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 6. Board of Dentistry - Report By Majority Required.
14There is created a Board of Dentistry, to be composed of
15persons designated from time to time by the Secretary Director,
16as follows:
17    Eleven persons, 8 of whom have been dentists for a period
18of 5 years or more; 2 of whom have been dental hygienists for a
19period of 5 years or more, and one public member. None of the
20members shall be an officer, dean, assistant dean, or associate
21dean of a dental college or dental department of an institute
22of learning, nor shall any member be the program director of
23any dental hygiene program. A board member who holds a faculty
24position in a dental school or dental hygiene program shall not
25participate in the examination of applicants for licenses from

 

 

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

 

 

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1Board under this Act may be authorized by resolution at any
2regular or special meeting, and each such resolution shall take
3effect immediately. The Board shall meet at least quarterly.
4The Board may adopt all rules and regulations necessary and
5incident to its powers and duties under this Act.
6    The members of the Board shall each receive as compensation
7a reasonable sum as determined by the Secretary Director for
8each day actually engaged in the duties of the office, and all
9legitimate and necessary expense incurred in attending the
10meetings of the Board.
11    Members of the Board shall be immune from suit in any
12action based upon any disciplinary proceedings or other
13activities performed in good faith as members of the Board.
14(Source: P.A. 93-821, eff. 7-28-04.)
 
15    (225 ILCS 25/7)  (from Ch. 111, par. 2307)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 7. Recommendations by the Board of Dentistry. The
18Secretary may Director shall consider the recommendations of
19the Board in establishing guidelines for professional conduct,
20for the conduct of formal disciplinary proceedings brought
21under this Act, and for establishing guidelines for
22qualifications of applicants. Notice of proposed rulemaking
23shall be transmitted to the Board and the Department shall
24review the response of the Board and any recommendations made
25therein. The Department may, at any time, seek the expert

 

 

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1advice and knowledge of the Board on any matter relating to the
2administration or enforcement of this Act. The action or report
3in writing of a majority of the Board shall be sufficient
4authority upon which the Secretary Director may act.
5    Whenever the Secretary Director is satisfied that
6substantial justice has not been done either in an examination
7or in the revocation, suspension or refusal to issue a license,
8the Secretary Director may order a reexamination or rehearing.
9(Source: P.A. 94-409, eff. 12-31-05.)
 
10    (225 ILCS 25/9)  (from Ch. 111, par. 2309)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 9. Qualifications of Applicants for Dental Licenses.
13The Department shall require that each applicant for a license
14to practice dentistry shall:
15        (a) (Blank).
16        (b) Be at least 21 years of age and of good moral
17    character.
18        (c) (1) Present satisfactory evidence of completion of
19    dental education by graduation from a dental college or
20    school in the United States or Canada approved by the
21    Department. The Department shall not approve any dental
22    college or school which does not require at least (A) 60
23    semester hours of collegiate credit or the equivalent in
24    acceptable subjects from a college or university before
25    admission, and (B) completion of at least 4 academic years

 

 

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1    of instruction or the equivalent in an approved dental
2    college or school that is accredited by the Commission on
3    Dental Accreditation of the American Dental Association;
4    or
5        (2) Present satisfactory evidence of completion of
6    dental education by graduation from a dental college or
7    school outside the United States or Canada and provide
8    satisfactory evidence that:
9            (A) (blank);
10            (B) the applicant has completed a minimum of 2
11        academic years of general dental clinical training at a
12        dental college or school in the United States or Canada
13        approved by the Department, however, an accredited
14        advanced dental education program approved by the
15        Department of no less than 2 years may be substituted
16        for the 2 academic years of general dental clinical
17        training and an applicant who was enrolled for not less
18        than one year in an approved clinical program prior to
19        January 1, 1993 at an Illinois dental college or school
20        shall be required to complete only that program; and
21            (C) the applicant has received certification from
22        the dean of an approved dental college or school in the
23        United States or Canada or the program director of an
24        approved advanced dental education program stating
25        that the applicant has achieved the same level of
26        scientific knowledge and clinical competence as

 

 

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1        required of all graduates of the college, school, or
2        advanced dental education program.
3        Nothing in this Act shall be construed to prevent
4    either the Department or any dental college or school from
5    establishing higher standards than specified in this Act.
6        (d) (Blank).
7        (e) Present satisfactory evidence that the applicant
8    has passed both parts of the National Board Dental
9    Examination administered by the Joint Commission on
10    National Dental Examinations and has successfully
11    completed an examination conducted by one of the following
12    regional testing services: the Central Regional Dental
13    Testing Service, Inc. (CRDTS), the Southern Regional
14    Testing Agency, Inc. (SRTA), the Western Regional
15    Examining Board (WREB), the North East Regional Board
16    (NERB), or the Council of Interstate Testing Agencies
17    (CITA). For purposes of this Section, successful
18    completion shall mean that the applicant has achieved a
19    minimum passing score as determined by the applicable
20    regional testing service. The Secretary of the Department
21    may suspend a regional testing service under this
22    subsection (e) if, after proper notice and hearing, it is
23    established that (i) the integrity of the examination has
24    been breached so as to make future test results unreliable
25    or (ii) the test is fundamentally deficient in testing
26    clinical competency.

 

 

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1    In determining professional capacity under this Section,
2any individual who has not been actively engaged in the
3practice of dentistry, has not been a dental student, or has
4not been engaged in a formal program of dental education during
5the 5 years immediately preceding the filing of an application
6may be required to complete such additional testing, training,
7or remedial education as the Board may deem necessary in order
8to establish the applicant's present capacity to practice
9dentistry with reasonable judgment, skill, and safety.
10(Source: P.A. 96-14, eff. 6-19-09; 96-1000, eff. 7-2-10;
1196-1222, eff. 7-23-10; 97-526, eff. 1-1-12.)
 
12    (225 ILCS 25/13)  (from Ch. 111, par. 2313)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 13. Qualifications of Applicants for Dental
15Hygienists. Every person who desires to obtain a license as a
16dental hygienist shall apply to the Department in writing, upon
17forms prepared and furnished by the Department. Each
18application shall contain proof of the particular
19qualifications required of the applicant, shall be verified by
20the applicant, under oath, and shall be accompanied by the
21required examination fee.
22    The Department shall require that every applicant for a
23license as a dental hygienist shall:
24    (1) (Blank).
25    (2) Be a graduate of high school or its equivalent.

 

 

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1    (3) Present satisfactory evidence of having successfully
2completed 2 academic years of credit at a dental hygiene
3program accredited by the Commission on Dental Accreditation of
4the American Dental Association.
5    (4) Submit evidence that he or she holds a currently valid
6certification to perform cardiopulmonary resuscitation. The
7Department shall adopt rules establishing criteria for
8certification in cardiopulmonary resuscitation. The rules of
9the Department shall provide for variances only in instances
10where the applicant is physically disabled and therefore unable
11to secure such certification.
12    (5) (Blank).
13    (6) Present satisfactory evidence that the applicant has
14passed the National Board Dental Hygiene Examination
15administered by the Joint Commission on National Dental
16Examinations and has successfully completed an examination
17conducted by one of the following regional testing services:
18the Central Regional Dental Testing Service, Inc. (CRDTS), the
19Southern Regional Testing Agency, Inc. (SRTA), the Western
20Regional Examining Board (WREB), or the North East Regional
21Board (NERB). For the purposes of this Section, successful
22completion shall mean that the applicant has achieved a minimum
23passing score as determined by the applicable regional testing
24service. The Secretary of the Department may suspend a regional
25testing service under this item (6) if, after proper notice and
26hearing, it is established that (i) the integrity of the

 

 

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1examination has been breached so as to make future test results
2unreliable or (ii) the examination is fundamentally deficient
3in testing clinical competency.
4(Source: P.A. 96-14, eff. 6-19-09.)
 
5    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 16. Expiration, renewal and restoration of licenses.
8The expiration date and renewal date for each license issued
9under this Act shall be set by rule. The renewal period for
10each license issued under this Act shall be 3 years. A dentist
11or dental hygienist may renew a license during the month
12preceding its expiration date by paying the required fee. A
13dentist or dental hygienist shall provide proof of current
14Basic Life Support (BLS) certification by an organization that
15has adopted the American Heart Association's guidelines on BLS
16intended for health care providers at the time of renewal.
17Basic Life Support certification training taken as a
18requirement of this Section shall be counted for no more than 4
19hours during each licensure period towards the continuing
20education hours under Section 16.1 of this Act. The Department
21shall provide by rule for exemptions from this requirement for
22a dentist or dental hygienist with a physical disability that
23would preclude him or her from performing BLS.
24    Any dentist or dental hygienist whose license has expired
25or whose license is on inactive status may have his license

 

 

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1restored at any time within 5 years after the expiration
2thereof, upon payment of the required fee and a showing of
3proof of compliance with current continuing education
4requirements, as provided by rule.
5    Any person whose license has been expired for more than 5
6years or who has had his license on inactive status for more
7than 5 years may have his license restored by making
8application to the Department and filing proof acceptable to
9the Department of taking continuing education and of his
10fitness to have the license restored, including sworn evidence
11certifying to active practice in another jurisdiction, and by
12paying the required restoration fee. A person practicing on an
13expired license is deemed to be practicing without a license.
14However, a holder of a license may renew the license within 90
15days after its expiration by complying with the requirements
16for renewal and payment of an additional fee. A license renewal
17within 90 days after expiration shall be effective
18retroactively to the expiration date.
19    If a person whose license has expired or who has had his
20license on inactive status for more than 5 years has not
21maintained an active practice satisfactory to the department,
22the Department shall determine, by an evaluation process
23established by rule, his or her fitness to resume active status
24and may require the person to complete a period of evaluated
25clinical experience and may require successful completion of a
26practical examination.

 

 

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1    However, any person whose license has expired while he or
2she was (i) on active duty with the Armed Forces of the United
3States or called into service or training by the State militia
4or (ii) has been engaged (1) in federal or state service active
5duty, or (2) in training or education under the supervision of
6the United States preliminary to induction into the military
7service, may have his or her license renewed, reinstated, or
8restored without paying any lapsed renewal or restoration fee,
9if within 2 years after termination of such service, training,
10or education other than by dishonorable discharge, he or she
11furnishes the Department with satisfactory proof that he or she
12has been so engaged and that his or her service, training, or
13education has been so terminated.
14(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
 
15    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 16.1. Continuing education. The Department shall
18promulgate rules of continuing education for persons licensed
19under this Act. In establishing rules, the Department shall
20require a minimum of 48 hours of study in approved courses for
21dentists during each 3-year licensing period and a minimum of
2236 hours of study in approved courses for dental hygienists
23during each 3-year licensing period.
24    The Department shall approve only courses that are relevant
25to the treatment and care of patients, including, but not

 

 

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1limited to, clinical courses in dentistry and dental hygiene
2and nonclinical courses such as patient management, legal and
3ethical responsibilities, and stress management. The
4Department shall allow up to 4 hours of continuing education
5credit hours per license renewal period for volunteer hours
6spent providing clinical services at, or sponsored by, a
7nonprofit community clinic, local or state health department,
8or a charity event. Courses shall not be approved in such
9subjects as estate and financial planning, investments, or
10personal health. Approved courses may include, but shall not be
11limited to, courses that are offered or sponsored by approved
12colleges, universities, and hospitals and by recognized
13national, State, and local dental and dental hygiene
14organizations.
15    No license shall be renewed unless the renewal application
16is accompanied by an affidavit indicating that the applicant
17has completed the required minimum number of hours of
18continuing education in approved courses as required by this
19Section. The affidavit shall not require a listing of courses.
20The affidavit shall be a prima facie evidence that the
21applicant has obtained the minimum number of required
22continuing education hours in approved courses. The Department
23shall not be obligated to conduct random audits or otherwise
24independently verify that an applicant has met the continuing
25education requirement. The Department, however, may not
26conduct random audits of more than 10% of the licensed dentists

 

 

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1and dental hygienists in any one licensing cycle to verify
2compliance with continuing education requirements. If the
3Department, however, receives a complaint that a licensee has
4not completed the required continuing education or if the
5Department is investigating another alleged violation of this
6Act by a licensee, the Department may demand and shall be
7entitled to receive evidence from any licensee of completion of
8required continuing education courses for the most recently
9completed 3-year licensing period. Evidence of continuing
10education may include, but is not limited to, canceled checks,
11official verification forms of attendance, and continuing
12education recording forms, that demonstrate a reasonable
13record of attendance. The Illinois State Board of Dentistry
14shall determine, in accordance with rules adopted by the
15Department, whether a licensee or applicant has met the
16continuing education requirements. Any dentist who holds more
17than one license under this Act shall be required to complete
18only the minimum number of hours of continuing education
19required for renewal of a single license. The Department may
20provide exemptions from continuing education requirements. The
21exemptions shall include, but shall not be limited to, dentists
22and dental hygienists who agree not to practice within the
23State during the licensing period because they are retired from
24practice.
25(Source: P.A. 97-526, eff. 1-1-12.)
 

 

 

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1    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 17. Acts Constituting the Practice of Dentistry. A
4person practices dentistry, within the meaning of this Act:
5        (1) Who represents himself or herself as being able to
6    diagnose or diagnoses, treats, prescribes, or operates for
7    any disease, pain, deformity, deficiency, injury, or
8    physical condition of the human tooth, teeth, alveolar
9    process, gums or jaw; or
10        (2) Who is a manager, proprietor, operator or conductor
11    of a business where dental operations are performed; or
12        (3) Who performs dental operations of any kind; or
13        (4) Who uses an X-Ray machine or X-Ray films for dental
14    diagnostic purposes; or
15        (5) Who extracts a human tooth or teeth, or corrects or
16    attempts to correct malpositions of the human teeth or
17    jaws; or
18        (6) Who offers or undertakes, by any means or method,
19    to diagnose, treat or remove stains, calculus, and bonding
20    materials from human teeth or jaws; or
21        (7) Who uses or administers local or general
22    anesthetics in the treatment of dental or oral diseases or
23    in any preparation incident to a dental operation of any
24    kind or character; or
25        (8) Who takes impressions of the human tooth, teeth, or
26    jaws or performs any phase of any operation incident to the

 

 

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1    replacement of a part of a tooth, a tooth, teeth or
2    associated tissues by means of a filling, crown, a bridge,
3    a denture or other appliance; or
4        (9) Who offers to furnish, supply, construct,
5    reproduce or repair, or who furnishes, supplies,
6    constructs, reproduces or repairs, prosthetic dentures,
7    bridges or other substitutes for natural teeth, to the user
8    or prospective user thereof; or
9        (10) Who instructs students on clinical matters or
10    performs any clinical operation included in the curricula
11    of recognized dental schools and colleges; or
12        (11) Who takes impressions of human teeth or places his
13    or her hands in the mouth of any person for the purpose of
14    applying teeth whitening materials, or who takes
15    impressions of human teeth or places his or her hands in
16    the mouth of any person for the purpose of assisting in the
17    application of teeth whitening materials. A person does not
18    practice dentistry when he or she discloses to the consumer
19    that he or she is not licensed as a dentist under this Act
20    and (i) discusses the use of teeth whitening materials with
21    a consumer purchasing these materials; (ii) provides
22    instruction on the use of teeth whitening materials with a
23    consumer purchasing these materials; or (iii) provides
24    appropriate equipment on-site to the consumer for the
25    consumer to self-apply teeth whitening materials.
26    The fact that any person engages in or performs, or offers

 

 

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1to engage in or perform, any of the practices, acts, or
2operations set forth in this Section, shall be prima facie
3evidence that such person is engaged in the practice of
4dentistry.
5    The following practices, acts, and operations, however,
6are exempt from the operation of this Act:
7        (a) The rendering of dental relief in emergency cases
8    in the practice of his or her profession by a physician or
9    surgeon, licensed as such under the laws of this State,
10    unless he or she undertakes to reproduce or reproduces lost
11    parts of the human teeth in the mouth or to restore or
12    replace lost or missing teeth in the mouth; or
13        (b) The practice of dentistry in the discharge of their
14    official duties by dentists in any branch of the Armed
15    Services of the United States, the United States Public
16    Health Service, or the United States Veterans
17    Administration; or
18        (c) The practice of dentistry by students in their
19    course of study in dental schools or colleges approved by
20    the Department, when acting under the direction and
21    supervision of dentists acting as instructors; or
22        (d) The practice of dentistry by clinical instructors
23    in the course of their teaching duties in dental schools or
24    colleges approved by the Department:
25            (i) when acting under the direction and
26        supervision of dentists, provided that such clinical

 

 

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1        instructors have instructed continuously in this State
2        since January 1, 1986; or
3            (ii) when holding the rank of full professor at
4        such approved dental school or college and possessing a
5        current valid license or authorization to practice
6        dentistry in another country; or
7        (e) The practice of dentistry by licensed dentists of
8    other states or countries at meetings of the Illinois State
9    Dental Society or component parts thereof, alumni meetings
10    of dental colleges, or any other like dental organizations,
11    while appearing as clinicians; or
12        (f) The use of X-Ray machines for exposing X-Ray films
13    of dental or oral tissues by dental hygienists or dental
14    assistants; or
15        (g) The performance of any dental service by a dental
16    assistant, if such service is performed under the
17    supervision and full responsibility of a dentist.
18        For purposes of this paragraph (g), "dental service" is
19    defined to mean any intraoral procedure or act which shall
20    be prescribed by rule or regulation of the Department.
21    Dental service, however, shall not include:
22            (1) Any and all diagnosis of or prescription for
23        treatment of disease, pain, deformity, deficiency,
24        injury or physical condition of the human teeth or
25        jaws, or adjacent structures.
26            (2) Removal of, or restoration of, or addition to

 

 

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1        the hard or soft tissues of the oral cavity, except for
2        the placing, carving, and finishing of amalgam
3        restorations by dental assistants who have had
4        additional formal education and certification as
5        determined by the Department.
6            (3) Any and all correction of malformation of teeth
7        or of the jaws.
8            (4) Administration of anesthetics, except for
9        application of topical anesthetics and monitoring of
10        nitrous oxide. Monitoring of nitrous oxide may be
11        performed after successful completion of a training
12        program approved by the Department.
13            (5) Removal of calculus from human teeth.
14            (6) Taking of impressions for the fabrication of
15        prosthetic appliances, crowns, bridges, inlays,
16        onlays, or other restorative or replacement dentistry.
17            (7) The operative procedure of dental hygiene
18        consisting of oral prophylactic procedures, except for
19        coronal polishing, which may be performed by a dental
20        assistant who has successfully completed a training
21        program approved by the Department. Dental assistants
22        may perform coronal polishing under the following
23        circumstances: (i) the coronal polishing shall be
24        limited to polishing the clinical crown of the tooth
25        and existing restorations, supragingivally; (ii) the
26        dental assistant performing the coronal polishing

 

 

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1        shall be limited to the use of rotary instruments using
2        a rubber cup or brush polishing method (air polishing
3        is not permitted); and (iii) the supervising dentist
4        shall not supervise more than 4 dental assistants at
5        any one time for the task of coronal polishing.
6        (h) The practice of dentistry by an individual who:
7            (i) has applied in writing to the Department, in
8        form and substance satisfactory to the Department, for
9        a general dental license and has complied with all
10        provisions of Section 9 of this Act, except for the
11        passage of the examination specified in subsection
12        (e), of Section 9, of this Act; or
13            (ii) has applied in writing to the Department, in
14        form and substance satisfactory to the Department, for
15        a temporary dental license and has complied with all
16        provisions of subsection (c), of Section 11, of this
17        Act; and
18            (iii) has been accepted or appointed for specialty
19        or residency training by a hospital situated in this
20        State; or
21            (iv) has been accepted or appointed for specialty
22        training in an approved dental program situated in this
23        State; or
24            (v) has been accepted or appointed for specialty
25        training in a dental public health agency situated in
26        this State.

 

 

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1        The applicant shall be permitted to practice dentistry
2    for a period of 3 months from the starting date of the
3    program, unless authorized in writing by the Department to
4    continue such practice for a period specified in writing by
5    the Department.
6        The applicant shall only be entitled to perform such
7    acts as may be prescribed by and incidental to his or her
8    their program of residency or specialty training and shall
9    not otherwise engage in the practice of dentistry in this
10    State.
11        The authority to practice shall terminate immediately
12    upon:
13            (1) the decision of the Department that the
14        applicant has failed the examination; or
15            (2) denial of licensure by the Department; or
16            (3) withdrawal of the application.
17(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
 
18    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 19. Licensing Applicants from other States. Any person
21who has been lawfully licensed to practice dentistry, including
22the practice of a licensed dental specialty, or dental hygiene
23in another state or territory which has and maintains a
24standard for the practice of dentistry, a dental specialty, or
25dental hygiene at least equal to that now maintained in this

 

 

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1State, or if the requirements for licensure in such state or
2territory in which the applicant was licensed were, at the date
3of his or her licensure, substantially equivalent to the
4requirements then in force in this State, and who has been
5lawfully engaged in the practice of dentistry or dental hygiene
6for at least 3 of the 5 years immediately preceding the filing
7of his or her application to practice in this State and who
8shall deposit with the Department a duly attested certificate
9from the Board of the state or territory in which he or she is
10licensed, certifying to the fact of his or her licensing and of
11his or her being a person of good moral character may, upon
12payment of the required fee, be granted a license to practice
13dentistry, a dental specialty, or dental hygiene in this State,
14as the case may be.
15    For the purposes of this Section, "substantially
16equivalent" means that the applicant has presented evidence of
17completion and graduation from an American Dental Association
18accredited dental college or school in the United States or
19Canada, presented evidence that the applicant has passed both
20parts of the National Board Dental Examination, and
21successfully completed an examination conducted by a regional
22testing service. In computing 3 of the immediately preceding 5
23years of practice in another state or territory, any person who
24left the practice of dentistry to enter the military service
25and who practiced dentistry while in the military service may
26count as a part of such period the time spent by him or her in

 

 

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1such service.
2    Applicants have 3 years from the date of application to
3complete the application process. If the process has not been
4completed in 3 years, the application shall be denied, the fee
5forfeited and the applicant must reapply and meet the
6requirements in effect at the time of reapplication.
7(Source: P.A. 97-526, eff. 1-1-12.)
 
8    (225 ILCS 25/22)  (from Ch. 111, par. 2322)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 22. Returned checks; penalties. Any person who
11delivers a check or other payment to the Department that is
12returned to the Department unpaid by the financial institution
13upon which it is drawn shall pay to the Department, in addition
14to the amount already owed to the Department, a fine of $50.
15The fines imposed by this Section are in addition to any other
16discipline provided under this Act for unlicensed practice or
17practice on a nonrenewed license. The Department shall notify
18the person that payment of fees and fines shall be paid to the
19Department by certified check or money order within 30 calendar
20days of the notification. If, after the expiration of 30 days
21from the date of the notification, the person has failed to
22submit the necessary remittance, the Department shall
23automatically terminate the license or deny the application,
24without hearing. If, after termination or denial, the person
25seeks a license, he or she shall apply to the Department for

 

 

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1restoration or issuance of the license and pay all fees and
2fines due to the Department. The Department may establish a fee
3for the processing of an application for restoration of a
4license to pay all expenses of processing this application. The
5Secretary Director may waive the fines due under this Section
6in individual cases where the Secretary Director finds that the
7fines would be unreasonable or unnecessarily burdensome.
8(Source: P.A. 92-146, eff. 1-1-02.)
 
9    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 23. Refusal, revocation or suspension of dental
12licenses. The Department may refuse to issue or renew, or may
13revoke, suspend, place on probation, reprimand or take other
14disciplinary or non-disciplinary action as the Department may
15deem proper, including imposing fines not to exceed $10,000 per
16violation, with regard to any license for any one or any
17combination of the following causes:
18        1. Fraud or misrepresentation in applying for or in
19    procuring a the license under this Act, or in connection
20    with applying for renewal of a license under this Act.
21        2. Inability to practice with reasonable judgment,
22    skill, or safety as a result of habitual or excessive use
23    Habitual intoxication or addiction to alcohol, narcotics,
24    stimulants, or any other chemical agent or drug the use of
25    drugs.

 

 

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

 

 

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

 

 

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1    convictions, preceding sentences of supervision,
2    conditional discharge, or first offender probation, under
3    the laws of any jurisdiction of the United States that (i)
4    is a felony under the laws of this State or (ii) is a
5    misdemeanor, an essential element of which is dishonesty,
6    or that is directly related to the practice of dentistry in
7    this or another State of any crime which is a felony under
8    the laws of this State or conviction of a felony in a
9    federal court, conviction of a misdemeanor, an essential
10    element of which is dishonesty, or conviction of any crime
11    which is directly related to the practice of dentistry or
12    dental hygiene.
13        13. Permitting a dental hygienist, dental assistant or
14    other person under his or her supervision to perform any
15    operation not authorized by this Act.
16        14. Permitting more than 4 dental hygienists to be
17    employed under his or her supervision at any one time.
18        15. A violation of any provision of this Act or any
19    rules promulgated under this Act.
20        16. Taking impressions for or using the services of any
21    person, firm or corporation violating this Act.
22        17. Violating any provision of Section 45 relating to
23    advertising.
24        18. Discipline by another U.S. jurisdiction or foreign
25    nation, if at least one of the grounds for the discipline
26    is the same or substantially equivalent to those set forth

 

 

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

 

 

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

 

 

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1        31. A finding by the Department that the licensee,
2    after having his or her license placed on probationary
3    status, has violated the terms of probation.
4        32. Material misstatement in furnishing information to
5    the Department.
6        33. Failing, within 60 days, to provide information in
7    response to a written request by the Department in the
8    course of an investigation.
9        34. Immoral conduct in the commission of any act,
10    including, but not limited to, commission of an act of
11    sexual misconduct related to the licensee's practice.
12        35. Cheating on or attempting to subvert the licensing
13    examination administered under this Act.
14        36. A pattern of practice or other behavior that
15    demonstrates incapacity or incompetence to practice under
16    this Act.
17        37. Failure to establish and maintain records of
18    patient care and treatment as required under this Act.
19        38. Failure to provide copies of dental records as
20    required by law.
21    All proceedings to suspend, revoke, place on probationary
22status, or take any other disciplinary action as the Department
23may deem proper, with regard to a license on any of the
24foregoing grounds, must be commenced within 3 years after
25receipt by the Department of a complaint alleging the
26commission of or notice of the conviction order for any of the

 

 

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1acts described herein. Except for fraud in procuring a license,
2no action shall be commenced more than 5 years after the date
3of the incident or act alleged to have violated this Section.
4The time during which the holder of the license was outside the
5State of Illinois shall not be included within any period of
6time limiting the commencement of disciplinary action by the
7Department.
8    The Department may refuse to issue or may suspend the
9license of any person who fails to file a return, or to pay the
10tax, penalty or interest shown in a filed return, or to pay any
11final assessment of tax, penalty or interest, as required by
12any tax Act administered by the Illinois Department of Revenue,
13until such time as the requirements of any such tax Act are
14satisfied.
15(Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11;
16revised 9-15-11.)
 
17    (225 ILCS 25/23a)  (from Ch. 111, par. 2323a)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 23a. The Secretary Director of the Department may,
20upon receipt of a written communication from the Secretary of
21Human Services or the Director of the Department of Healthcare
22and Family Services (formerly Department of Public Aid) or
23Department of Public Health, that continuation of practice of a
24person licensed under this Act constitutes an immediate danger
25to the public, immediately suspend the license of such person

 

 

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1without a hearing. In instances in which the Secretary Director
2immediately suspends a license under this Section, a hearing
3upon such person's license must be convened by the Board within
415 days after such suspension and completed without appreciable
5delay, such hearing held to determine whether to recommend to
6the Secretary Director that the person's license be revoked,
7suspended, placed on probationary status or reinstated, or such
8person be subject to other disciplinary action. In such
9hearing, the written communication and any other evidence
10submitted therewith may be introduced as evidence against such
11person; provided however, the person, or his or her counsel,
12shall have the opportunity to discredit or impeach such
13evidence and submit evidence rebutting same.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    (225 ILCS 25/23b)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 23b. Requirement for mental and physical examinations
18under certain conditions.
19    (a) In enforcing paragraph 24 of Section 23 of this Act,
20the Department may compel any individual who is a person
21licensed to practice under this Act or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination and evaluation, or both, which may include a
24substance abuse or sexual offender evaluation, as required by
25and at the expense of the Department. The Department shall

 

 

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1specifically designate the examining physician licensed to
2practice medicine in all of its branches or, if applicable, the
3multidisciplinary team involved in providing the mental or
4physical examination and evaluation, or both. The
5multidisciplinary team shall be led by a physician licensed to
6practice medicine in all of its branches and may consist of one
7or more or a combination of physicians licensed to practice
8medicine in all of its branches, licensed clinical
9psychologists, licensed clinical social workers, licensed
10clinical professional counselors, and other professional and
11administrative staff. Any examining physician or member of the
12multidisciplinary team may require any person ordered to submit
13to an examination and evaluation pursuant to this Section to
14submit to any additional supplemental testing deemed necessary
15to complete any examination or evaluation process, including,
16but not limited to, blood testing, urinalysis, psychological
17testing, or neuropsychological testing. The Department may
18order the examining physician or any member of the
19multidisciplinary team to provide to the Department any and all
20records, including business records, that relate to the
21examination and evaluation, including any supplemental testing
22performed. The Department may order the examining physician or
23any member of the multidisciplinary team to present testimony
24concerning the mental or physical examination and evaluation of
25the licensee or applicant, including testimony concerning any
26supplemental testing or documents relating to the examination

 

 

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1and evaluation. No information, report, record, or other
2documents in any way related to the examination and evaluation
3shall be excluded by reason of any common law or statutory
4privilege relating to communications between the licensee or
5applicant and the examining physician or any member of the
6multidisciplinary team. No authorization is necessary from the
7licensee or applicant ordered to undergo an examination and
8evaluation for the examining physician or any member of the
9multidisciplinary team to provide information, reports,
10records, or other documents or to provide any testimony
11regarding the examination and evaluation. The examining
12physician shall be a physician licensed to practice medicine in
13all its branches specifically designated by the Department. The
14individual to be examined may have, at his or her own expense,
15another physician of his or her choice present during all
16aspects of this examination. Failure of an individual to submit
17to a mental or physical examination and evaluation, or both,
18when directed, shall result in the automatic be grounds for
19suspension of his or her license, without hearing, until the
20individual submits to the examination if the Department finds,
21after notice and hearing, that the refusal to submit to the
22examination was without reasonable cause.
23    (b) If the Department finds an individual unable to
24practice because of the reasons set forth in paragraph 24 of
25Section 23, the Department may require that individual to
26submit to care, counseling, or treatment by physicians approved

 

 

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1or designated by the Department as a condition, term, or
2restriction for continued, reinstated, or renewed licensure to
3practice, or in lieu of care, counseling, or treatment, the
4Department may file a complaint to immediately suspend, revoke,
5or otherwise discipline the license of the individual. An
6individual whose license was granted, continued, reinstated,
7renewed, disciplined, or supervised subject to such terms,
8conditions, or restrictions, and who fails to comply with such
9terms, conditions, or restrictions, shall be referred to the
10Secretary Director for a determination as to whether the
11individual shall have his or her license suspended immediately,
12pending a hearing by the Department.
13(Source: P.A. 91-689, eff. 1-1-01.)
 
14    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 24. Refusal, Suspension or Revocation of Dental
17Hygienist License. The Department may refuse to issue or renew
18or may revoke, suspend, place on probation, reprimand or take
19other disciplinary or non-disciplinary action as the
20Department may deem proper, including imposing fines not to
21exceed $10,000 $2,500 per violation, with regard to any dental
22hygienist license for any one or any combination of the
23following causes:
24        1. Fraud or misrepresentation in applying for or in
25    procuring a license under this Act, or in connection with

 

 

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

 

 

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1    the laws of any jurisdiction of the United States that (i)
2    is a felony or (ii) is a misdemeanor, an essential element
3    of which is dishonesty, or that is directly related to the
4    practice of dental hygiene. in this or another state of any
5    crime which is a felony under the laws of this State or
6    conviction of a felony in a federal court, if the
7    Department determines, after investigation, that such
8    person has not been sufficiently rehabilitated to warrant
9    the public trust.
10        10. Aiding or abetting the unlicensed practice of
11    dentistry or dental hygiene.
12        11. Discipline by another U.S. jurisdiction or a
13    foreign nation, if at least one of the grounds for the
14    discipline is the same or substantially equivalent to those
15    set forth in this Act.
16        12. Violating the Health Care Worker Self-Referral
17    Act.
18        13. Violating the prohibitions of Section 38.1 of this
19    Act.
20        14. Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public.
23        15. 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        16. Material misstatement in furnishing information to

 

 

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1    the Department.
2        17. Failing, within 60 days, to provide information in
3    response to a written request by the Department in the
4    course of an investigation.
5        18. Immoral conduct in the commission of any act,
6    including, but not limited to, commission of an act of
7    sexual misconduct related to the licensee's practice.
8        19. Cheating on or attempting to subvert the licensing
9    examination administered under this Act.
10        20. Violations of this Act or of the rules promulgated
11    under this Act.
12        21. Practicing under a false or, except as provided by
13    law, an assumed name.
14    The provisions of this Act relating to proceedings for the
15suspension and revocation of a license to practice dentistry
16shall apply to proceedings for the suspension or revocation of
17a license as a dental hygienist.
18(Source: P.A. 97-102, eff. 7-14-11.)
 
19    (225 ILCS 25/25)  (from Ch. 111, par. 2325)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 25. Notice of hearing; investigations and informal
22conferences.
23    (a) Upon the motion of either the Department or the Board
24or upon the verified complaint in writing of any person setting
25forth facts which if proven would constitute grounds for

 

 

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1refusal, suspension or revocation of license under this Act,
2the Board shall investigate the actions of any person,
3hereinafter called the respondent, who holds or represents that
4he or she holds a license. All such motions or complaints shall
5be brought to the Board.
6    (b) Prior to taking an in-person statement from a dentist
7or dental hygienist who is the subject of a complaint, the
8investigator shall inform the dentist or the dental hygienist
9in writing:
10        (1) that the dentist or dental hygienist is the subject
11    of a complaint;
12        (2) that the dentist or dental hygienist need not
13    immediately proceed with the interview and may seek
14    appropriate consultation prior to consenting to the
15    interview; and
16        (3) that failure of the dentist or dental hygienist to
17    proceed with the interview shall not prohibit the
18    Department from conducting a visual inspection of the
19    facility.
20    A Department investigator's failure to comply with this
21subsection may not be the sole ground for dismissal of any
22order of the Department filed upon a finding of a violation or
23for dismissal of a pending investigation.
24    (c) If the Department concludes on the basis of a complaint
25or its initial investigation that there is a possible violation
26of the Act, the Department may:

 

 

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

 

 

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1disciplinary action as the Secretary Director may deem proper
2with regard to any license, at least 30 days prior to the date
3set for the hearing, notify the respondent in writing of any
4charges made and the time and place for a hearing of the
5charges before the Board, direct him or her to file his or her
6written answer thereto to the Board under oath within 20 days
7after the service on him or her of such notice and inform him
8or her that if he or she fails to file such answer default will
9be taken against him or her and his or her license may be
10suspended, revoked, placed on probationary status, or other
11disciplinary action may be taken with regard thereto, including
12limiting the scope, nature or extent of his or her practice, as
13the Secretary Director may deem proper.
14    (e) Such written notice and any notice in such proceedings
15thereafter may be served by delivery personally to the
16respondent, or by registered or certified mail to the address
17last theretofore specified by the respondent in his or her last
18notification to the Secretary Director.
19(Source: P.A. 94-409, eff. 12-31-05.)
 
20    (225 ILCS 25/26)  (from Ch. 111, par. 2326)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 26. Disciplinary actions.
23    (a) In case the respondent, after receiving notice, fails
24to file an answer, his or her license may, in the discretion of
25the Secretary Director, having first received the

 

 

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

 

 

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1his or her practice.
2(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
3    (225 ILCS 25/27)  (from Ch. 111, par. 2327)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 27. Hearings. At the time and place fixed in the
6notice under Section 25, the Board shall proceed to hear the
7charges and both the respondent and the complainant shall be
8accorded ample opportunity to present in person, or by counsel,
9such statements, testimony, evidence and argument as may be
10pertinent to the charges or to any defense thereto. The Board
11may continue such hearing from time to time. If the Board is
12not sitting at the time and place fixed in the notice or at the
13time and place to which the hearing has been continued, the
14Department shall continue such hearing for a period not to
15exceed 30 days.
16    The Board and Department shall have power to subpoena and
17bring before the Board any person in this State and to take
18testimony either orally or by deposition, or both, with the
19same fees and mileage and in the same manner as is prescribed
20by law for judicial procedure in civil cases.
21    The Secretary, the designated hearing officer, Director
22and any member of the Board shall have power to administer
23oaths at any hearing which the Department or Board is
24authorized by law to conduct.
25(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 

 

 

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

 

 

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

 

 

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1permanent record by the Board and the Department. In those
2instances where an order of revocation, suspension, or other
3disciplinary action has been rendered by virtue of a dentist's
4or dental hygienist's physical illness, including, but not
5limited to, deterioration through the aging process, or loss of
6motor skill which results in an inability to practice with
7reasonable judgment, skill, or safety, the Department shall
8permit only this document and the record of the hearing
9incident thereto to be observed, inspected, viewed, or copied
10pursuant to court order.
11(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
12    (225 ILCS 25/30)  (from Ch. 111, par. 2330)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 30. Appointment of a Hearing Officer. The Secretary
15Director shall have the authority to appoint any attorney duly
16licensed to practice law in the State of Illinois to serve as
17the hearing officer if any action for refusal to issue, renew
18or discipline of a license. The hearing officer shall have full
19authority to conduct the hearing. The hearing officer shall
20report his or her findings and recommendations to the Board and
21the Secretary Director. The Board shall have 60 days from
22receipt of the report to review the report of the hearing
23officer and present its findings of fact, conclusions of law
24and recommendations to the Secretary Director. If the Board
25fails to present its report within the 60 day period, the

 

 

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1Secretary Director shall issue an order based on the report of
2the hearing officer. If the Secretary Director determines that
3the Board's report is contrary to the manifest weight of the
4evidence, he or she may issue an order in contravention of the
5Board's report.
6(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
7    (225 ILCS 25/31)  (from Ch. 111, par. 2331)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 31. Restoration of license from discipline. At any
10time after the successful completion of a term of indefinite
11probation, suspension, or revocation of a license, placement on
12probationary status, or the taking of any other disciplinary
13action, with regard to any license, the Department may restore
14the license to the licensee, unless after an investigation and
15a hearing, the Secretary determines that restoration is not in
16the public interest. No person or entity whose license,
17certificate, or authority has been revoked as authorized in
18this Act may apply for restoration of that license,
19certification, or authority until such time as provided for in
20the Civil Administrative Code of Illinois. it to the
21respondent, or take any other action to reinstate the license
22to good standing, without examination, upon the written
23recommendation of the Board.
24(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 

 

 

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1    (225 ILCS 25/32)  (from Ch. 111, par. 2332)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 32. Administrative Review Law; application. All final
4administrative decisions of the Department are subject to
5judicial review pursuant to the provisions of the
6Administrative Review Law, and the rules adopted pursuant
7thereto. The term "administrative decision" is defined as in
8Section 3-101 of the Code of Civil Procedure.
9    Proceedings for judicial review shall be commenced in the
10circuit court of the county in which the party applying for
11review resides, but if the party is not a resident of this
12State, the venue shall be in Sangamon County.
13    The Department shall not be required to certify any record
14to the court or file any answer in court or otherwise appear in
15any court in a judicial review proceeding, unless and until
16there is filed in the court with the complaint a receipt from
17the Department has received from the plaintiff payment of the
18costs of furnishing and certifying the record, which costs
19shall be determined by the Department acknowledging payment of
20the costs of furnishing and certifying the record, which costs
21shall be computed at the rate of 20 cents per page of the
22record. Exhibits shall be certified without cost. Failure on
23the part of the plaintiff to file a receipt in court shall be
24grounds for dismissal of the action. During the pendency and
25hearing of any and all judicial proceedings incident to a
26disciplinary action any sanctions imposed upon the respondent

 

 

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1by the Department because of acts or omissions related to the
2delivery of direct patient care as specified in the
3Department's final administrative decision, shall as a matter
4of public policy remain in full force and effect in order to
5protect the public pending final resolution of any of the
6proceedings.
7(Source: P.A. 88-184; 89-80, eff. 6-30-95; 89-116, eff.
87-7-95.)
 
9    (225 ILCS 25/33)  (from Ch. 111, par. 2333)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 33. Revocation orders. An order of revocation,
12suspension, placement on probationary status, or other formal
13disciplinary action as the Department may deem proper, or a
14certified copy thereof, over the seal of the Department and
15purporting to be signed by the Secretary Director of the
16Department, is prima facie proof that:
17    (1) such signature is the genuine signature of the
18Secretary Director;
19    (2) the Secretary Director is duly appointed and qualified;
20and
21    (3) the Board and the members thereof are qualified.
22    Such proof may be rebutted.
23(Source: P.A. 84-365.)
 
24    (225 ILCS 25/37)  (from Ch. 111, par. 2337)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 37. Unlicensed practice; injunctions. The practice of
3dentistry by any person not holding a valid and current license
4under this Act is declared to be inimical to the public
5welfare, to constitute a public nuisance, and to cause
6irreparable harm to the public welfare.
7    A person is considered to practice dentistry who:
8        (1) employs a dentist, dental hygienist, or other
9    entity which can provide dental services under this Act;
10        (2) directs or controls the use of any dental equipment
11    or material while such equipment or material is being used
12    for the provision of dental services, provided that this
13    provision shall not be construed to prohibit a person from
14    obtaining professional advice or assistance in obtaining
15    or from leasing the equipment or material, provided the
16    advice, assistance, or lease does not restrict or interfere
17    with the custody, control, or use of the equipment or
18    material by the person;
19        (3) directs, controls or interferes with a dentist's or
20    dental hygienist's clinical judgment; or
21        (4) exercises direction or control, by written
22    contract, license, or otherwise, over a dentist, dental
23    hygienist, or other entity which can provide dental
24    services under this Act in the selection of a course of
25    treatment; limitation of patient referrals; content of
26    patient records; policies and decisions relating to

 

 

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1    refunds (if the refund payment would be reportable under
2    federal law to the National Practitioner Data Bank) and
3    warranties and the clinical content of advertising; and
4    final decisions relating to employment of dental
5    assistants and dental hygienists. Nothing in this Act
6    shall, however, be construed as prohibiting the seeking or
7    giving of advice or assistance with respect to these
8    matters.
9    The purpose of this Section is to prevent a non-dentist
10from influencing or otherwise interfering with the exercise of
11independent professional judgment by a dentist, dental
12hygienist, or other entity which can provide dental services
13under this Act. Nothing in this Section shall be construed to
14prohibit insurers and managed care plans from operating
15pursuant to the applicable provisions of the Illinois Insurance
16Code under which the entities are licensed.
17    The Secretary Director, the Attorney General, the State's
18attorney of any county in the State, or any person may maintain
19an action in the name of the People of the State of Illinois,
20and may apply for injunctive relief in any circuit court to
21enjoin such person from engaging in such practice; and upon the
22filing of a verified petition in such court, the court if
23satisfied by affidavit, or otherwise, that such person has been
24engaged in such practice without a valid and current license so
25to do, may enter a temporary restraining order without notice
26or bond, enjoining the defendant from such further practice.

 

 

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1Only the showing of non-licensure, by affidavit or otherwise,
2is necessary in order for a temporary injunction to issue. A
3copy of the verified complaint shall be served upon the
4defendant and the proceedings shall thereafter be conducted as
5in other civil cases except as modified by this Section. If it
6is established that the defendant has been, or is engaged in
7such unlawful practice, the court may enter an order or
8judgment perpetually enjoining the defendant from further such
9practice. In all proceedings hereunder the court, in its
10discretion, may apportion the costs among the parties
11interested in the action, including cost of filing the
12complaint, service of process, witness fees and expenses, court
13reporter charges and reasonable attorneys' fees. In case of
14violation of any injunctive order entered under the provisions
15of this Section, the court may summarily try and punish the
16offender for contempt of court. Such injunction proceedings
17shall be in addition to, and not in lieu of, all penalties and
18other remedies provided in this Act.
19    This Section does not apply to an executor, administrator,
20guardian, or authorized representative contracting with
21another dentist or dentists to continue the operations of a
22deceased or incapacitated dentist's practice under Section
2338.2 of this Act.
24(Source: P.A. 94-1028, eff. 1-1-07.)
 
25    (225 ILCS 25/38)  (from Ch. 111, par. 2338)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 38. Penalty of Unlawful Practice - Second and
3Subsequent Offenses. Any person who practices or offers to
4practice dentistry in this State without being licensed for
5that purpose, or whose license has been suspended or revoked or
6is inactive or non-renewed, or who violates any of the
7provisions of this Act, for which no specific penalty has been
8provided herein, is guilty of a Class A misdemeanor.
9    Any person who has been previously convicted under any of
10the provisions of this Act and who subsequently violates any of
11the provisions of this Act is guilty of a Class 4 felony. In
12addition, whenever any person is punished as a subsequent
13offender under this Section, the Secretary Director shall
14proceed to obtain a permanent injunction against such person
15under Section 37 of this Act. All fines collected under this
16Section shall be deposited in the Professional Regulation
17Evidence Fund.
18(Source: P.A. 86-685.)
 
19    (225 ILCS 25/45)  (from Ch. 111, par. 2345)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 45. Advertising. The purpose of this Section is to
22authorize and regulate the advertisement by dentists of
23information which is intended to provide the public with a
24sufficient basis upon which to make an informed selection of
25dentists while protecting the public from false or misleading

 

 

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1advertisements which would detract from the fair and rational
2selection process.
3    Any dentist may advertise the availability of dental
4services in the public media or on the premises where such
5dental services are rendered. Such advertising shall be limited
6to the following information:
7    (a) The dental services available;
8    (b) Publication of the dentist's name, title, office hours,
9address and telephone;
10    (c) Information pertaining to his or her area of
11specialization, including appropriate board certification or
12limitation of professional practice;
13    (d) Information on usual and customary fees for routine
14dental services offered, which information shall include
15notification that fees may be adjusted due to complications or
16unforeseen circumstances;
17    (e) Announcement of the opening of, change of, absence
18from, or return to business;
19    (f) Announcement of additions to or deletions from
20professional dental staff;
21    (g) The issuance of business or appointment cards;
22    (h) Other information about the dentist, dentist's
23practice or the types of dental services which the dentist
24offers to perform which a reasonable person might regard as
25relevant in determining whether to seek the dentist's services.
26However, any advertisement which announces the availability of

 

 

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1endodontics, pediatric dentistry, periodontics,
2prosthodontics, orthodontics and dentofacial orthopedics, oral
3and maxillofacial surgery, or oral and maxillofacial radiology
4by a general dentist or by a licensed specialist who is not
5licensed in that specialty shall include a disclaimer stating
6that the dentist does not hold a license in that specialty.
7    It is unlawful for any dentist licensed under this Act to
8do any of the following:
9        (1) Use testimonials or claims of superior quality of
10    care to entice the public.
11        (2) Advertise in any way to practice dentistry without
12    causing pain.
13        (3) Pay a fee to any dental referral service or other
14    third party who advertises a dental referral service,
15    unless all advertising of the dental referral service makes
16    it clear that dentists are paying a fee for that referral
17    service.
18        (4) Advertise or offer gifts as an inducement to secure
19    dental patronage. Dentists may advertise or offer free
20    examinations or free dental services; it shall be unlawful,
21    however, for any dentist to charge a fee to any new patient
22    for any dental service provided at the time that such free
23    examination or free dental services are provided.
24        (5) Use the term "sedation dentistry" or similar terms
25    in advertising unless the advertising dentist holds a valid
26    and current permit issued by the Department to administer

 

 

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1    either general anesthesia, deep sedation, or conscious
2    sedation as required under Section 8.1 of this Act.
3    This Act does not authorize the advertising of dental
4services when the offeror of such services is not a dentist.
5Nor shall the dentist use statements which contain false,
6fraudulent, deceptive or misleading material or guarantees of
7success, statements which play upon the vanity or fears of the
8public, or statements which promote or produce unfair
9competition.
10    A dentist shall be required to keep a copy of all
11advertisements for a period of 3 years. All advertisements in
12the dentist's possession shall indicate the accurate date and
13place of publication.
14    The Department shall adopt rules to carry out the intent of
15this Section.
16(Source: P.A. 95-399, eff. 1-1-08.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 25/4from Ch. 111, par. 2304
4    225 ILCS 25/6from Ch. 111, par. 2306
5    225 ILCS 25/7from Ch. 111, par. 2307
6    225 ILCS 25/9from Ch. 111, par. 2309
7    225 ILCS 25/13from Ch. 111, par. 2313
8    225 ILCS 25/16from Ch. 111, par. 2316
9    225 ILCS 25/16.1from Ch. 111, par. 2316.1
10    225 ILCS 25/17from Ch. 111, par. 2317
11    225 ILCS 25/19from Ch. 111, par. 2319
12    225 ILCS 25/22from Ch. 111, par. 2322
13    225 ILCS 25/23from Ch. 111, par. 2323
14    225 ILCS 25/23afrom Ch. 111, par. 2323a
15    225 ILCS 25/23b
16    225 ILCS 25/24from Ch. 111, par. 2324
17    225 ILCS 25/25from Ch. 111, par. 2325
18    225 ILCS 25/26from Ch. 111, par. 2326
19    225 ILCS 25/27from Ch. 111, par. 2327
20    225 ILCS 25/29from Ch. 111, par. 2329
21    225 ILCS 25/30from Ch. 111, par. 2330
22    225 ILCS 25/31from Ch. 111, par. 2331
23    225 ILCS 25/32from Ch. 111, par. 2332
24    225 ILCS 25/33from Ch. 111, par. 2333
25    225 ILCS 25/37from Ch. 111, par. 2337

 

 

HB5752 Engrossed- 61 -LRB097 20548 CEL 66134 b

1    225 ILCS 25/38from Ch. 111, par. 2338
2    225 ILCS 25/45from Ch. 111, par. 2345