|
Rep. Michael J. Zalewski
Filed: 11/3/2015
| | 09900HB0853ham002 | | LRB099 04677 MLM 39329 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 853
|
2 | | AMENDMENT NO. ______. Amend House Bill 853 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Regulatory Sunset Act is amended by |
5 | | changing Section 4.36 as follows: |
6 | | (5 ILCS 80/4.36) |
7 | | Sec. 4.36. Acts Act repealed on January 1, 2026. The |
8 | | following Acts are Act is repealed on January 1, 2026: |
9 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and |
10 | | Nail Technology Act of 1985. |
11 | | The Collection Agency Act. |
12 | | The Hearing Instrument Consumer Protection Act. |
13 | | The Illinois Athletic Trainers Practice Act. |
14 | | The Illinois Dental Practice Act. |
15 | | The Illinois Roofing Industry Licensing Act.
|
16 | | The Illinois Physical Therapy Act. |
|
| | 09900HB0853ham002 | - 2 - | LRB099 04677 MLM 39329 a |
|
|
1 | | The Professional Geologist Licensing Act. |
2 | | The Respiratory Care Practice Act. |
3 | | (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15; |
4 | | 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15; |
5 | | 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; revised 9-4-15.) |
6 | | (5 ILCS 80/4.26 rep.) |
7 | | Section 10. The Regulatory Sunset Act is amended by |
8 | | repealing Section 4.26. |
9 | | Section 15. The Illinois Dental Practice Act is amended by |
10 | | changing Sections 4, 6, 8.5, 16.1, 17, 18, 23, 24, 25, 26, 29, |
11 | | 30, 41, and 50 and by adding Section 18.1 as follows:
|
12 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
|
13 | | (Text of Section before amendment by P.A. 99-25 )
|
14 | | (Section scheduled to be repealed on January 1, 2016)
|
15 | | Sec. 4. Definitions. As used in this Act:
|
16 | | "Address of record" means the designated address recorded |
17 | | by the Department in the applicant's or licensee's application |
18 | | file or license file as maintained by the Department's |
19 | | licensure maintenance unit. It is the duty of the applicant or |
20 | | licensee to inform the Department of any change of address and |
21 | | those changes must be made either through the Department's |
22 | | website or by contacting the Department. |
23 | | "Department" means the Department of Financial and |
|
| | 09900HB0853ham002 | - 3 - | LRB099 04677 MLM 39329 a |
|
|
1 | | Professional Regulation.
|
2 | | "Secretary" means the Secretary of Financial and |
3 | | Professional Regulation.
|
4 | | "Board" means the Board of Dentistry.
|
5 | | "Dentist" means a person who has received a general license |
6 | | pursuant
to paragraph (a) of Section 11 of this Act and who may |
7 | | perform any intraoral
and extraoral procedure required in the |
8 | | practice of dentistry and to whom is
reserved the |
9 | | responsibilities specified in Section 17.
|
10 | | "Dental hygienist" means a person who holds a license under |
11 | | this Act to
perform dental services as authorized by Section |
12 | | 18.
|
13 | | "Dental assistant" means an appropriately trained person
|
14 | | who, under the supervision of a dentist, provides dental |
15 | | services
as authorized by Section 17.
|
16 | | "Dental laboratory" means a person, firm or corporation |
17 | | which:
|
18 | | (i) engages in making, providing, repairing or |
19 | | altering dental
prosthetic appliances and other artificial |
20 | | materials and devices which are
returned to a dentist for |
21 | | insertion into the human oral cavity or which
come in |
22 | | contact with its adjacent structures and tissues; and
|
23 | | (ii) utilizes or employs a dental technician to provide |
24 | | such services; and
|
25 | | (iii) performs such functions only for a dentist or |
26 | | dentists.
|
|
| | 09900HB0853ham002 | - 4 - | LRB099 04677 MLM 39329 a |
|
|
1 | | "Supervision" means supervision of a dental hygienist or a |
2 | | dental
assistant requiring that a dentist authorize the |
3 | | procedure, remain in the
dental facility while the procedure is |
4 | | performed, and approve the work
performed by the dental |
5 | | hygienist or dental assistant before dismissal of
the patient, |
6 | | but does not mean that the dentist must be present at all
times |
7 | | in the treatment room.
|
8 | | "General supervision" means supervision of a dental |
9 | | hygienist
requiring that the patient be a patient of record,
|
10 | | that the dentist
examine the patient in accordance with Section |
11 | | 18 prior to treatment by the
dental hygienist, and that the
|
12 | | dentist authorize the procedures which
are being carried
out by |
13 | | a notation in the patient's record, but not requiring that a |
14 | | dentist
be present when the authorized
procedures are being |
15 | | performed. The
issuance of a prescription to a dental |
16 | | laboratory by a
dentist does not constitute general |
17 | | supervision.
|
18 | | "Public member" means a person who is not a health |
19 | | professional.
For purposes of board membership, any person with |
20 | | a significant financial
interest in a health service or |
21 | | profession is not a public member.
|
22 | | "Dentistry" means the healing art which is concerned with |
23 | | the
examination, diagnosis, treatment planning and care of |
24 | | conditions within
the human oral cavity and its adjacent |
25 | | tissues and structures, as further
specified in Section 17.
|
26 | | "Branches of dentistry" means the various specialties of |
|
| | 09900HB0853ham002 | - 5 - | LRB099 04677 MLM 39329 a |
|
|
1 | | dentistry
which, for purposes of this Act, shall be limited to |
2 | | the following:
endodontics, oral and maxillofacial surgery, |
3 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
|
4 | | periodontics, prosthodontics, and oral and maxillofacial
|
5 | | radiology.
|
6 | | "Specialist" means a dentist who has received a specialty |
7 | | license
pursuant to Section 11(b).
|
8 | | "Dental technician" means a person who owns, operates or is
|
9 | | employed by a dental laboratory and engages in making, |
10 | | providing, repairing
or altering dental prosthetic appliances |
11 | | and other artificial materials and
devices which are returned |
12 | | to a dentist for insertion into the human oral
cavity or which |
13 | | come in contact with its adjacent structures and tissues.
|
14 | | "Impaired dentist" or "impaired dental hygienist" means a |
15 | | dentist
or dental hygienist who is unable to practice with
|
16 | | reasonable skill and safety because of a physical or mental |
17 | | disability as
evidenced by a written determination or written |
18 | | consent based on clinical
evidence, including deterioration |
19 | | through the aging process, loss of motor
skills, abuse of drugs |
20 | | or alcohol, or a psychiatric disorder, of sufficient
degree to |
21 | | diminish the person's ability to deliver competent patient |
22 | | care.
|
23 | | "Nurse" means a registered professional nurse, a certified |
24 | | registered
nurse anesthetist licensed as an advanced practice
|
25 | | nurse, or a licensed practical nurse licensed under the Nurse |
26 | | Practice Act.
|
|
| | 09900HB0853ham002 | - 6 - | LRB099 04677 MLM 39329 a |
|
|
1 | | "Patient of record" means a patient for whom the patient's |
2 | | most recent
dentist has obtained
a
relevant medical and dental |
3 | | history and on whom the dentist has performed an
examination |
4 | | and evaluated the condition to be treated.
|
5 | | "Dental emergency responder" means a dentist or dental |
6 | | hygienist who is appropriately certified in emergency medical |
7 | | response, as defined by the Department of Public Health.
|
8 | | "Mobile dental van or portable dental unit" means any |
9 | | self-contained or portable dental unit in which dentistry is |
10 | | practiced that can be moved, towed, or transported from one |
11 | | location to another in order to establish a location where |
12 | | dental services can be provided. |
13 | | "Public health dental hygienist" means a hygienist who |
14 | | holds a valid license to practice in the State, has 2 years of |
15 | | full-time clinical experience or an equivalent of 3,000 hours |
16 | | of clinical experience and has completed 12 hours of additional |
17 | | course work in areas specific to public health dentistry, |
18 | | including, but not limited to, emergency procedures for |
19 | | medically compromised patients, pharmacology, medical |
20 | | recordkeeping procedures, geriatric dentistry, pediatric |
21 | | dentistry, and pathology, and works in a public health setting |
22 | | pursuant to a written public health supervision agreement as |
23 | | defined by rule by the Department with a dentist working in or |
24 | | contracted with a local or State government agency or |
25 | | institution or who is providing services as part of a certified |
26 | | school-based program or school-based oral health program or a |
|
| | 09900HB0853ham002 | - 7 - | LRB099 04677 MLM 39329 a |
|
|
1 | | facility providing services to individuals (1) who are eligible |
2 | | for Medicaid or (2) who are uninsured and whose household |
3 | | income is not greater than 200% of the federal poverty level. |
4 | | "Public health setting" means a federally qualified health |
5 | | center; a federal, State, or local public health facility; Head |
6 | | Start; a special supplemental nutrition program for Women, |
7 | | Infants, and Children (WIC) facility; a certified school-based |
8 | | health center or school-based oral health program; or a |
9 | | facility providing services to individuals (1) who are eligible |
10 | | for Medicaid or (2) who are uninsured and whose household |
11 | | income is not greater than 200% of the federal poverty level. |
12 | | "Public health supervision" means the supervision of a |
13 | | public health dental hygienist by a licensed dentist who has a |
14 | | written public health supervision agreement with that public |
15 | | health dental hygienist while working in an approved facility |
16 | | or program that allows the public health dental hygienist to |
17 | | treat patients, without a dentist first examining the patient |
18 | | and being present in the facility during treatment, (1) who are |
19 | | eligible for Medicaid or (2) who are uninsured and whose |
20 | | household income is not greater than 200% of the federal |
21 | | poverty level. |
22 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
|
23 | | (Text of Section after amendment by P.A. 99-25 )
|
24 | | (Section scheduled to be repealed on January 1, 2016)
|
25 | | Sec. 4. Definitions. As used in this Act:
|
|
| | 09900HB0853ham002 | - 8 - | LRB099 04677 MLM 39329 a |
|
|
1 | | "Address of record" means the designated address recorded |
2 | | by the Department in the applicant's or licensee's application |
3 | | file or license file as maintained by the Department's |
4 | | licensure maintenance unit. It is the duty of the applicant or |
5 | | licensee to inform the Department of any change of address and |
6 | | those changes must be made either through the Department's |
7 | | website or by contacting the Department. |
8 | | "Department" means the Department of Financial and |
9 | | Professional Regulation.
|
10 | | "Secretary" means the Secretary of Financial and |
11 | | Professional Regulation.
|
12 | | "Board" means the Board of Dentistry.
|
13 | | "Dentist" means a person who has received a general license |
14 | | pursuant
to paragraph (a) of Section 11 of this Act and who may |
15 | | perform any intraoral
and extraoral procedure required in the |
16 | | practice of dentistry and to whom is
reserved the |
17 | | responsibilities specified in Section 17.
|
18 | | "Dental hygienist" means a person who holds a license under |
19 | | this Act to
perform dental services as authorized by Section |
20 | | 18.
|
21 | | "Dental assistant" means an appropriately trained person
|
22 | | who, under the supervision of a dentist, provides dental |
23 | | services
as authorized by Section 17.
|
24 | | "Dental laboratory" means a person, firm or corporation |
25 | | which:
|
26 | | (i) engages in making, providing, repairing or |
|
| | 09900HB0853ham002 | - 9 - | LRB099 04677 MLM 39329 a |
|
|
1 | | altering dental
prosthetic appliances and other artificial |
2 | | materials and devices which are
returned to a dentist for |
3 | | insertion into the human oral cavity or which
come in |
4 | | contact with its adjacent structures and tissues; and
|
5 | | (ii) utilizes or employs a dental technician to provide |
6 | | such services; and
|
7 | | (iii) performs such functions only for a dentist or |
8 | | dentists.
|
9 | | "Supervision" means supervision of a dental hygienist or a |
10 | | dental
assistant requiring that a dentist authorize the |
11 | | procedure, remain in the
dental facility while the procedure is |
12 | | performed, and approve the work
performed by the dental |
13 | | hygienist or dental assistant before dismissal of
the patient, |
14 | | but does not mean that the dentist must be present at all
times |
15 | | in the treatment room.
|
16 | | "General supervision" means supervision of a dental |
17 | | hygienist
requiring that the patient be a patient of record,
|
18 | | that the dentist
examine the patient in accordance with Section |
19 | | 18 prior to treatment by the
dental hygienist, and that the
|
20 | | dentist authorize the procedures which
are being carried
out by |
21 | | a notation in the patient's record, but not requiring that a |
22 | | dentist
be present when the authorized
procedures are being |
23 | | performed. The
issuance of a prescription to a dental |
24 | | laboratory by a
dentist does not constitute general |
25 | | supervision.
|
26 | | "Public member" means a person who is not a health |
|
| | 09900HB0853ham002 | - 10 - | LRB099 04677 MLM 39329 a |
|
|
1 | | professional.
For purposes of board membership, any person with |
2 | | a significant financial
interest in a health service or |
3 | | profession is not a public member.
|
4 | | "Dentistry" means the healing art which is concerned with |
5 | | the
examination, diagnosis, treatment planning and care of |
6 | | conditions within
the human oral cavity and its adjacent |
7 | | tissues and structures, as further
specified in Section 17.
|
8 | | "Branches of dentistry" means the various specialties of |
9 | | dentistry
which, for purposes of this Act, shall be limited to |
10 | | the following:
endodontics, oral and maxillofacial surgery, |
11 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
|
12 | | periodontics, prosthodontics, and oral and maxillofacial
|
13 | | radiology.
|
14 | | "Specialist" means a dentist who has received a specialty |
15 | | license
pursuant to Section 11(b).
|
16 | | "Dental technician" means a person who owns, operates or is
|
17 | | employed by a dental laboratory and engages in making, |
18 | | providing, repairing
or altering dental prosthetic appliances |
19 | | and other artificial materials and
devices which are returned |
20 | | to a dentist for insertion into the human oral
cavity or which |
21 | | come in contact with its adjacent structures and tissues.
|
22 | | "Impaired dentist" or "impaired dental hygienist" means a |
23 | | dentist
or dental hygienist who is unable to practice with
|
24 | | reasonable skill and safety because of a physical or mental |
25 | | disability as
evidenced by a written determination or written |
26 | | consent based on clinical
evidence, including deterioration |
|
| | 09900HB0853ham002 | - 11 - | LRB099 04677 MLM 39329 a |
|
|
1 | | through the aging process, loss of motor
skills, abuse of drugs |
2 | | or alcohol, or a psychiatric disorder, of sufficient
degree to |
3 | | diminish the person's ability to deliver competent patient |
4 | | care.
|
5 | | "Nurse" means a registered professional nurse, a certified |
6 | | registered
nurse anesthetist licensed as an advanced practice
|
7 | | nurse, or a licensed practical nurse licensed under the Nurse |
8 | | Practice Act.
|
9 | | "Patient of record" means a patient for whom the patient's |
10 | | most recent
dentist has obtained
a
relevant medical and dental |
11 | | history and on whom the dentist has performed an
examination |
12 | | and evaluated the condition to be treated.
|
13 | | "Dental responder" means a dentist or dental hygienist who |
14 | | is appropriately certified in disaster preparedness, |
15 | | immunizations, and dental humanitarian medical response |
16 | | consistent with the Society of Disaster Medicine and Public |
17 | | Health and training certified by the National Incident |
18 | | Management System or the National Disaster Life Support |
19 | | Foundation.
|
20 | | "Mobile dental van or portable dental unit" means any |
21 | | self-contained or portable dental unit in which dentistry is |
22 | | practiced that can be moved, towed, or transported from one |
23 | | location to another in order to establish a location where |
24 | | dental services can be provided. |
25 | | "Public health dental hygienist" means a hygienist who |
26 | | holds a valid license to practice in the State, has 2 years of |
|
| | 09900HB0853ham002 | - 12 - | LRB099 04677 MLM 39329 a |
|
|
1 | | full-time clinical experience or an equivalent of 3,000 hours |
2 | | of clinical experience and has completed 12 hours of additional |
3 | | course work in areas specific to public health dentistry, |
4 | | including, but not limited to, emergency procedures for |
5 | | medically compromised patients, pharmacology, medical |
6 | | recordkeeping procedures, geriatric dentistry, pediatric |
7 | | dentistry, and pathology, and works in a public health setting |
8 | | pursuant to a written public health supervision agreement as |
9 | | defined by rule by the Department with a dentist working in or |
10 | | contracted with a local or State government agency or |
11 | | institution or who is providing services as part of a certified |
12 | | school-based program or school-based oral health program or a |
13 | | facility providing services to individuals (1) who are eligible |
14 | | for Medicaid or (2) who are uninsured and whose household |
15 | | income is not greater than 200% of the federal poverty level. |
16 | | "Public health setting" means a federally qualified health |
17 | | center; a federal, State, or local public health facility; Head |
18 | | Start; a special supplemental nutrition program for Women, |
19 | | Infants, and Children (WIC) facility; a certified school-based |
20 | | health center or school-based oral health program; or a |
21 | | facility providing services to individuals (1) who are eligible |
22 | | for Medicaid or (2) who are uninsured and whose household |
23 | | income is not greater than 200% of the federal poverty level. |
24 | | "Public health supervision" means the supervision of a |
25 | | public health dental hygienist by a licensed dentist who has a |
26 | | written public health supervision agreement with that public |
|
| | 09900HB0853ham002 | - 13 - | LRB099 04677 MLM 39329 a |
|
|
1 | | health dental hygienist while working in an approved facility |
2 | | or program that allows the public health dental hygienist to |
3 | | treat patients, without a dentist first examining the patient |
4 | | and being present in the facility during treatment, (1) who are |
5 | | eligible for Medicaid or (2) who are uninsured and whose |
6 | | household income is not greater than 200% of the federal |
7 | | poverty level. |
8 | | (Source: P.A. 99-25, eff. 1-1-16.)
|
9 | | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
|
10 | | (Section scheduled to be repealed on January 1, 2016)
|
11 | | Sec. 6. Board of Dentistry - Report By Majority Required. |
12 | | There
is created a Board of Dentistry, to be composed of |
13 | | persons designated from
time to time by the Secretary, as |
14 | | follows:
|
15 | | Eleven persons, 8 of whom have been dentists for a period |
16 | | of 5
years or
more; 2 of whom have been dental hygienists
for a |
17 | | period of 5 years or more, and one public member.
None of the |
18 | | members shall be an officer, dean, assistant dean, or associate
|
19 | | dean of a
dental college or dental department of an institute |
20 | | of learning, nor shall any
member be
the program director of |
21 | | any dental hygiene program. A board member who holds a
faculty |
22 | | position in a dental school or dental hygiene program shall not
|
23 | | participate in the
examination of applicants for licenses from |
24 | | that school or program. The
dental
hygienists shall not |
25 | | participate in the examination of
applicants for licenses
to |
|
| | 09900HB0853ham002 | - 14 - | LRB099 04677 MLM 39329 a |
|
|
1 | | practice dentistry. The public member shall not participate in |
2 | | the
examination of applicants for licenses to
practice |
3 | | dentistry or dental
hygiene. The board shall annually elect a |
4 | | chairman and vice-chairman who shall be dentists a dentist .
|
5 | | Terms for all members shall be for 4 years. Partial terms |
6 | | over 2 years
in length shall be considered as full terms. A |
7 | | member may be reappointed
for a successive term, but no member |
8 | | shall serve more than 2 full terms in
his or her lifetime.
|
9 | | The membership of the Board shall include only residents |
10 | | from various
geographic areas of this State and shall include |
11 | | at least some graduates
from various institutions of dental |
12 | | education in this State.
|
13 | | In making appointments to the Board the Secretary shall |
14 | | give due
consideration to recommendations by organizations of |
15 | | the dental profession
in Illinois, including the Illinois State |
16 | | Dental Society and Illinois
Dental Hygienists Association, and |
17 | | shall promptly give due notice to
such organizations of any |
18 | | vacancy in the membership of the Board.
The Secretary may |
19 | | terminate the appointment of any member for cause which in
the |
20 | | opinion of the Secretary reasonably justifies such |
21 | | termination.
|
22 | | A vacancy in the membership of the Board
shall not impair |
23 | | the right of a quorum to exercise all the rights
and perform |
24 | | all the duties of the Board.
Any action to be taken by the |
25 | | Board under this Act may be authorized
by resolution at any |
26 | | regular or special meeting, and each such resolution
shall take |
|
| | 09900HB0853ham002 | - 15 - | LRB099 04677 MLM 39329 a |
|
|
1 | | effect immediately. The Board shall meet at least quarterly.
|
2 | | The Board may adopt all rules and regulations necessary and |
3 | | incident
to its powers and duties under this Act.
|
4 | | The members of the Board shall each receive as compensation |
5 | | a reasonable
sum as determined by the Secretary for each day |
6 | | actually engaged in the
duties of the office, and all |
7 | | legitimate and necessary expense incurred in
attending the |
8 | | meetings of the Board.
|
9 | | Members of the Board shall be immune from suit in any |
10 | | action based
upon any disciplinary proceedings or other |
11 | | activities performed in good
faith as members of the Board.
|
12 | | (Source: P.A. 97-1013, eff. 8-17-12.)
|
13 | | (225 ILCS 25/8.5)
|
14 | | (Section scheduled to be repealed on January 1, 2016)
|
15 | | Sec. 8.5. Unlicensed practice; violation; civil penalty.
|
16 | | (a) Any person who practices, offers to practice, attempts |
17 | | to practice, or
holds oneself out to practice dentistry or |
18 | | dental hygiene without being licensed under this Act
shall, in
|
19 | | addition to any other penalty provided by law, pay a civil |
20 | | penalty to the
Department in an amount not to exceed $10,000 |
21 | | for each offense
as determined by
the Department. The civil |
22 | | penalty shall be assessed by the Department after a
hearing is |
23 | | held in accordance with the provisions set forth in this Act
|
24 | | regarding the provision of a hearing for the discipline of a |
25 | | licensee.
|
|
| | 09900HB0853ham002 | - 16 - | LRB099 04677 MLM 39329 a |
|
|
1 | | (b) The Department has the authority and power to |
2 | | investigate any and all
unlicensed activity.
|
3 | | (c) The civil penalty shall be paid within 60 days after |
4 | | the effective date
of the order imposing the civil penalty. The |
5 | | order shall constitute a judgment
and may be filed and |
6 | | execution had thereon in the same manner as any judgment
from |
7 | | any court of record.
|
8 | | (Source: P.A. 88-223; 89-80, eff. 6-30-95 .)
|
9 | | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
|
10 | | (Section scheduled to be repealed on January 1, 2016)
|
11 | | Sec. 16.1. Continuing education. The Department shall |
12 | | promulgate
rules of continuing education for persons licensed |
13 | | under
this Act. In establishing rules, the Department shall |
14 | | require a minimum of
48 hours of study in approved courses for |
15 | | dentists during each 3-year
licensing period and a minimum of |
16 | | 36 hours of study in approved courses for
dental hygienists |
17 | | during each 3-year licensing period.
|
18 | | The Department shall approve only courses that are relevant |
19 | | to the
treatment and care of patients, including, but not |
20 | | limited to, clinical
courses in dentistry and dental hygiene |
21 | | and nonclinical courses such as
patient management, legal and |
22 | | ethical responsibilities, and stress
management. The |
23 | | Department shall allow up to 4 hours of continuing education |
24 | | credit hours per license renewal period for volunteer hours |
25 | | spent providing clinical services at, or sponsored by, a |
|
| | 09900HB0853ham002 | - 17 - | LRB099 04677 MLM 39329 a |
|
|
1 | | nonprofit community clinic, local or state health department, |
2 | | or a charity event. Courses shall not be approved in such |
3 | | subjects as estate and
financial planning, investments, or |
4 | | personal health. Approved courses may
include, but shall not be |
5 | | limited to, courses that are offered or sponsored
by approved |
6 | | colleges, universities, and hospitals and by recognized
|
7 | | national, State, and local dental and dental hygiene |
8 | | organizations.
|
9 | | No license shall be renewed unless the
renewal application |
10 | | is accompanied by an affidavit indicating that the
applicant |
11 | | has completed the required minimum number of hours of |
12 | | continuing
education in approved courses as required by this |
13 | | Section.
The affidavit shall not require a listing of courses. |
14 | | The affidavit
shall be a prima facie evidence that the |
15 | | applicant has obtained the minimum
number of required |
16 | | continuing education hours in approved courses. The
Department |
17 | | shall not be obligated to conduct random
audits or otherwise |
18 | | independently verify that an applicant has met the
continuing |
19 | | education requirement.
The Department, however, may not |
20 | | conduct random audits
of more than 10% of the licensed
dentists |
21 | | and dental hygienists in any one licensing cycle
to verify |
22 | | compliance
with continuing education requirements.
If the |
23 | | Department, however, receives a
complaint that a licensee has |
24 | | not completed the required continuing
education or if the |
25 | | Department is investigating another alleged violation
of this |
26 | | Act by a licensee, the Department may demand and shall be |
|
| | 09900HB0853ham002 | - 18 - | LRB099 04677 MLM 39329 a |
|
|
1 | | entitled
to receive evidence from any licensee of completion of |
2 | | required
continuing education courses for the most recently |
3 | | completed 3-year
licensing period.
Evidence of continuing |
4 | | education may include, but is not limited to, canceled
checks, |
5 | | official verification forms of attendance, and continuing |
6 | | education
recording forms, that demonstrate a reasonable |
7 | | record of attendance. The
Board shall determine, in accordance |
8 | | with rules adopted by the
Department,
whether a licensee or |
9 | | applicant has met the continuing education
requirements.
Any |
10 | | dentist who holds more than one license under this
Act shall be |
11 | | required to complete
only the minimum number of hours of |
12 | | continuing education required for
renewal of a single license. |
13 | | The Department may provide exemptions from
continuing |
14 | | education requirements. The exemptions shall include, but |
15 | | shall
not be limited to, dentists and dental hygienists who |
16 | | agree not to practice
within the State during the licensing |
17 | | period because they are retired from
practice.
|
18 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
|
19 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
|
20 | | (Section scheduled to be repealed on January 1, 2016)
|
21 | | Sec. 17. Acts Constituting the Practice of Dentistry. A |
22 | | person
practices dentistry, within the meaning of this Act:
|
23 | | (1) Who represents himself or herself as being able to |
24 | | diagnose or diagnoses,
treats, prescribes, or operates for |
25 | | any disease, pain, deformity, deficiency,
injury, or |
|
| | 09900HB0853ham002 | - 19 - | LRB099 04677 MLM 39329 a |
|
|
1 | | physical condition of the human tooth, teeth, alveolar |
2 | | process,
gums or jaw; or
|
3 | | (2) Who is a manager, proprietor, operator or conductor |
4 | | of a
business where
dental operations are performed; or
|
5 | | (3) Who performs dental operations of any kind; or
|
6 | | (4) Who uses an X-Ray machine or X-Ray films for
dental |
7 | | diagnostic purposes; or
|
8 | | (5) Who extracts a human tooth or teeth, or corrects or |
9 | | attempts to
correct
malpositions of the human teeth or |
10 | | jaws; or
|
11 | | (6) Who offers or undertakes, by any means or method, |
12 | | to diagnose, treat
or remove stains, calculus, and bonding |
13 | | materials from human teeth or jaws; or
|
14 | | (7) Who uses or administers local or general |
15 | | anesthetics in the treatment
of dental or oral diseases or |
16 | | in any preparation incident to a dental operation
of any |
17 | | kind or character; or
|
18 | | (8) Who takes impressions of the human tooth, teeth, or |
19 | | jaws or performs
any phase of any operation incident to the |
20 | | replacement of a part of a tooth,
a tooth, teeth or |
21 | | associated tissues by means of a filling, crown, a bridge,
|
22 | | a denture or other appliance; or
|
23 | | (9) Who offers to furnish, supply, construct, |
24 | | reproduce or repair, or
who furnishes, supplies, |
25 | | constructs, reproduces or repairs, prosthetic
dentures, |
26 | | bridges or other substitutes for natural teeth, to the user |
|
| | 09900HB0853ham002 | - 20 - | LRB099 04677 MLM 39329 a |
|
|
1 | | or
prospective user thereof; or
|
2 | | (10) Who instructs students on clinical matters or |
3 | | performs any clinical
operation included in the curricula |
4 | | of recognized dental schools and colleges; or
|
5 | | (11) Who takes impressions of human teeth or places his |
6 | | or her hands in the mouth of any person for the purpose of |
7 | | applying teeth whitening materials, or who takes |
8 | | impressions of human teeth or places his or her hands in |
9 | | the mouth of any person for the purpose of assisting in the |
10 | | application of teeth whitening materials. A person does not |
11 | | practice dentistry when he or she discloses to the consumer |
12 | | that he or she is not licensed as a dentist under this Act |
13 | | and (i) discusses the use of teeth whitening materials with |
14 | | a consumer purchasing these materials; (ii) provides |
15 | | instruction on the use of teeth whitening materials with a |
16 | | consumer purchasing these materials; or (iii) provides |
17 | | appropriate equipment on-site to the consumer for the |
18 | | consumer to self-apply teeth whitening materials. |
19 | | The fact that any person engages in or performs, or offers |
20 | | to engage in
or perform, any of the practices, acts, or |
21 | | operations set forth in this
Section, shall be prima facie |
22 | | evidence that such person is engaged in the
practice of |
23 | | dentistry.
|
24 | | The following practices, acts, and operations, however, |
25 | | are exempt from
the operation of this Act:
|
26 | | (a) The rendering of dental relief in emergency cases |
|
| | 09900HB0853ham002 | - 21 - | LRB099 04677 MLM 39329 a |
|
|
1 | | in the practice
of his or her profession by a physician or |
2 | | surgeon, licensed as such
under the laws of this State, |
3 | | unless he or she undertakes to reproduce or reproduces
lost |
4 | | parts of the human teeth in the mouth or to restore or |
5 | | replace lost
or missing teeth in the mouth; or
|
6 | | (b) The practice of dentistry in the discharge of their |
7 | | official duties
by dentists in any branch of the Armed |
8 | | Services of the United States, the
United States Public |
9 | | Health Service, or the United States Veterans
|
10 | | Administration; or
|
11 | | (c) The practice of dentistry by students in their |
12 | | course of study
in dental schools or colleges approved by |
13 | | the Department, when acting under the
direction and |
14 | | supervision of dentists acting as instructors; or
|
15 | | (d) The practice of dentistry by clinical instructors |
16 | | in the course of
their teaching duties in dental schools or |
17 | | colleges approved by the
Department:
|
18 | | (i) when acting under the direction and |
19 | | supervision of dentists,
provided that such clinical |
20 | | instructors have instructed continuously in
this State |
21 | | since January 1, 1986; or
|
22 | | (ii) when holding the rank of full professor at |
23 | | such approved dental
school or college and possessing a |
24 | | current valid license or authorization
to practice |
25 | | dentistry in another country; or
|
26 | | (e) The practice of dentistry by licensed dentists of |
|
| | 09900HB0853ham002 | - 22 - | LRB099 04677 MLM 39329 a |
|
|
1 | | other states or
countries at meetings of the Illinois State |
2 | | Dental Society or component
parts thereof, alumni meetings |
3 | | of dental colleges, or any other like dental
organizations, |
4 | | while appearing as clinicians; or
|
5 | | (f) The use of X-Ray machines for exposing X-Ray films |
6 | | of dental or oral
tissues by dental hygienists or dental |
7 | | assistants; or
|
8 | | (g) The performance of any dental service by a dental |
9 | | assistant, if such
service is performed under the |
10 | | supervision and full responsibility of a
dentist.
|
11 | | For purposes of this paragraph (g), "dental service" is |
12 | | defined to mean
any intraoral procedure or act which shall |
13 | | be prescribed by rule or
regulation of the Department. |
14 | | Dental service, however, shall not include:
|
15 | | (1) Any and all diagnosis of or prescription for |
16 | | treatment of disease,
pain, deformity, deficiency, |
17 | | injury or physical condition of the human teeth
or |
18 | | jaws, or adjacent structures.
|
19 | | (2) Removal of, or restoration of, or addition
to |
20 | | the hard or soft tissues of the oral cavity, except for |
21 | | the placing, carving, and finishing of amalgam |
22 | | restorations by dental assistants who have had |
23 | | additional formal education and certification as |
24 | | determined by the Department. A dentist utilizing |
25 | | dental assistants shall not supervise more than 4 |
26 | | dental assistants at any one time for placing, carving, |
|
| | 09900HB0853ham002 | - 23 - | LRB099 04677 MLM 39329 a |
|
|
1 | | and finishing of amalgam restorations.
|
2 | | (3) Any and all correction of malformation of teeth |
3 | | or of the jaws.
|
4 | | (4) Administration of anesthetics, except for |
5 | | monitoring of
nitrous oxide, conscious sedation, deep |
6 | | sedation, and general anesthetic as provided in |
7 | | Section 8.1 of this Act, that may be performed only |
8 | | after successful completion of a training
program |
9 | | approved by the Department. A dentist utilizing dental |
10 | | assistants shall not supervise more than 4 dental |
11 | | assistants at any one time for the monitoring of |
12 | | nitrous oxide.
|
13 | | (5) Removal of calculus from human teeth.
|
14 | | (6) Taking of impressions for the fabrication of |
15 | | prosthetic
appliances,
crowns,
bridges, inlays, |
16 | | onlays, or other restorative or replacement
dentistry.
|
17 | | (7) The operative procedure of dental hygiene |
18 | | consisting of oral
prophylactic procedures, except for |
19 | | coronal polishing and pit and fissure sealants,
which |
20 | | may be
performed by a
dental assistant who has |
21 | | successfully completed a training program approved by
|
22 | | the Department. Dental assistants may perform coronal |
23 | | polishing under the
following circumstances: (i) the |
24 | | coronal polishing shall be limited to
polishing the
|
25 | | clinical crown of the tooth and existing restorations, |
26 | | supragingivally; (ii)
the
dental assistant performing |
|
| | 09900HB0853ham002 | - 24 - | LRB099 04677 MLM 39329 a |
|
|
1 | | the coronal polishing shall be limited to the use
of
|
2 | | rotary instruments using a rubber cup or brush |
3 | | polishing method (air polishing
is
not permitted); and |
4 | | (iii) the supervising dentist shall not supervise more
|
5 | | than 4
dental assistants at any one time for the task |
6 | | of coronal polishing or pit and fissure sealants.
|
7 | | In addition to coronal polishing and pit and |
8 | | fissure sealants as described in this item (7), a |
9 | | dental assistant who has successfully completed a |
10 | | training program approved by rule by the Department may |
11 | | perform intracoronal temporization of a tooth. The |
12 | | training program approved by the Department must: (I) |
13 | | include a minimum of 6 hours of instruction in both |
14 | | didactic and clinical manikin or human subject |
15 | | instruction; (II) include an outcome assessment |
16 | | examination that demonstrates competency; and (III) |
17 | | issue a certificate of completion of the training |
18 | | program, which must be kept on file at the dental |
19 | | office. A dental assistant performing these functions |
20 | | shall be limited to the use of hand instruments only. |
21 | | In addition, intracoronal temporization as described |
22 | | in this paragraph shall only be utilized on patients |
23 | | who are eligible for Medicaid or who are uninsured and |
24 | | whose household income is not greater than 200% of the |
25 | | federal poverty level. A dentist may not supervise more |
26 | | than 2 dental assistants at any one time. This |
|
| | 09900HB0853ham002 | - 25 - | LRB099 04677 MLM 39329 a |
|
|
1 | | paragraph is inoperative on and after January 1, 2021. |
2 | | The limitations on the number of dental assistants a |
3 | | dentist may supervise contained in items (2), (4), and (7) |
4 | | of this paragraph (g) mean a limit of 4 total dental |
5 | | assistants or dental hygienists doing expanded functions |
6 | | covered by these Sections being supervised by one dentist. |
7 | | (h) The practice of dentistry by an individual who:
|
8 | | (i) has applied in writing to the Department, in |
9 | | form and substance
satisfactory to the Department, for |
10 | | a general dental license and has
complied with all |
11 | | provisions of Section 9 of this Act, except for the
|
12 | | passage of the examination specified in subsection (e) |
13 | | of Section 9 of this
Act; or
|
14 | | (ii) has applied in writing to the Department, in |
15 | | form and substance
satisfactory to the Department, for |
16 | | a temporary dental license and has
complied with all |
17 | | provisions of subsection (c) of Section 11 of this Act; |
18 | | and
|
19 | | (iii) has been accepted or appointed for specialty |
20 | | or residency training
by a hospital situated in this |
21 | | State; or
|
22 | | (iv) has been accepted or appointed for specialty |
23 | | training in an
approved dental program situated in this |
24 | | State; or
|
25 | | (v) has been accepted or appointed for specialty |
26 | | training in a dental
public health agency situated in |
|
| | 09900HB0853ham002 | - 26 - | LRB099 04677 MLM 39329 a |
|
|
1 | | this State.
|
2 | | The applicant shall be permitted to practice dentistry |
3 | | for a period of 3
months from the starting date of the |
4 | | program, unless authorized in writing
by the Department to |
5 | | continue such practice for a period specified in
writing by |
6 | | the Department.
|
7 | | The applicant shall only be entitled to perform such |
8 | | acts as may be
prescribed by and incidental to his or her |
9 | | program of residency or specialty
training and shall not |
10 | | otherwise engage in the practice of dentistry in this
|
11 | | State.
|
12 | | The authority to practice shall terminate immediately |
13 | | upon:
|
14 | | (1) the decision of the Department that the |
15 | | applicant has failed the
examination; or
|
16 | | (2) denial of licensure by the Department; or
|
17 | | (3) withdrawal of the application.
|
18 | | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; |
19 | | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. |
20 | | 8-16-13; 98-756, eff. 7-16-14.)
|
21 | | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
|
22 | | (Section scheduled to be repealed on January 1, 2016)
|
23 | | Sec. 18. Acts constituting the practice of dental hygiene;
|
24 | | limitations. |
25 | | (a) A person practices dental hygiene within the meaning of |
|
| | 09900HB0853ham002 | - 27 - | LRB099 04677 MLM 39329 a |
|
|
1 | | this Act when
he or she performs the following acts under the |
2 | | supervision of a dentist:
|
3 | | (i) the operative procedure of dental hygiene, |
4 | | consisting of oral
prophylactic procedures;
|
5 | | (ii) the exposure and processing of X-Ray films of |
6 | | the teeth and
surrounding structures;
|
7 | | (iii) the application to the surfaces of the teeth |
8 | | or gums of chemical
compounds designed to be |
9 | | desensitizing agents or effective agents in the
|
10 | | prevention of dental caries or periodontal disease;
|
11 | | (iv) all services which may be performed by a
|
12 | | dental assistant as specified by rule pursuant to |
13 | | Section 17, and a dental hygienist may engage in the |
14 | | placing, carving, and finishing of amalgam |
15 | | restorations only after obtaining formal education and |
16 | | certification as determined by the Department;
|
17 | | (v) administration and monitoring of nitrous oxide |
18 | | upon successful
completion of a
training program |
19 | | approved by the Department;
|
20 | | (vi) administration of local anesthetics upon |
21 | | successful completion of
a
training program approved |
22 | | by the Department; and
|
23 | | (vii) such other procedures and acts as shall be |
24 | | prescribed
by
rule or regulation of the Department.
|
25 | | (b) A dental hygienist may be employed or engaged only:
|
26 | | (1) by a dentist;
|
|
| | 09900HB0853ham002 | - 28 - | LRB099 04677 MLM 39329 a |
|
|
1 | | (2) by a federal, State, county, or municipal agency or |
2 | | institution;
|
3 | | (3) by a public or private school; or
|
4 | | (4) by a public clinic operating under the direction of |
5 | | a hospital or
federal,
State, county, municipal, or other |
6 | | public agency or institution.
|
7 | | (c) When employed or engaged in the office of a dentist, a |
8 | | dental hygienist
may
perform, under general supervision, those |
9 | | procedures found in items (i) through
(iv) of
subsection (a) of |
10 | | this Section, provided the patient has been examined by the
|
11 | | dentist
within one year of the provision of dental hygiene |
12 | | services, the dentist has
approved the
dental hygiene services |
13 | | by a notation in the patient's record and the patient
has been
|
14 | | notified that the dentist may be out of the office during the |
15 | | provision of
dental hygiene
services.
|
16 | | (d) If a patient of record is unable to travel to a dental |
17 | | office because of
illness,
infirmity, or
imprisonment, a dental |
18 | | hygienist may perform, under the general supervision of
a |
19 | | dentist,
those procedures found in items (i) through (iv) of |
20 | | subsection (a) of this
Section,
provided the patient is located |
21 | | in a long-term care facility licensed by the
State of Illinois,
|
22 | | a mental health or developmental disability facility, or a |
23 | | State or federal
prison. The dentist
shall personally examine |
24 | | and diagnose the patient and determine which
services are |
25 | | necessary to be performed, which shall be contained in an order |
26 | | to the hygienist and a notation in the patient's record.
Such |
|
| | 09900HB0853ham002 | - 29 - | LRB099 04677 MLM 39329 a |
|
|
1 | | order must be implemented within 120 days
of its issuance, and |
2 | | an updated medical history and observation of oral
conditions
|
3 | | must be performed by the hygienist immediately prior to |
4 | | beginning the
procedures to ensure that the patient's health |
5 | | has not changed in any
manner to warrant a reexamination by the |
6 | | dentist.
|
7 | | (e) School-based oral health care,
consisting of and |
8 | | limited to oral prophylactic
procedures, sealants, and |
9 | | fluoride treatments,
may be provided by a dental hygienist
|
10 | | under the general supervision of a dentist. A dental hygienist |
11 | | may not provide
other dental hygiene treatment in a |
12 | | school-based setting, including but not
limited to |
13 | | administration or monitoring of nitrous oxide or |
14 | | administration of
local anesthetics. The school-based |
15 | | procedures may be performed provided the
patient is located at |
16 | | a public or private school and the program is being
conducted |
17 | | by a State, county or local public health department initiative |
18 | | or in
conjunction with a dental school or dental hygiene |
19 | | program.
The dentist shall personally examine and diagnose the |
20 | | patient and
determine
which services are necessary to be |
21 | | performed, which shall be contained in an
order to the
|
22 | | hygienist and a notation in the patient's record. Any such |
23 | | order for sealants must be implemented within 120 days after |
24 | | its issuance. Any such order for oral prophylactic procedures |
25 | | or fluoride treatments must be implemented within 180 days |
26 | | after its issuance. An updated medical history and observation |
|
| | 09900HB0853ham002 | - 30 - | LRB099 04677 MLM 39329 a |
|
|
1 | | of
oral conditions
must be
performed by the hygienist |
2 | | immediately prior to beginning the procedures to
ensure that
|
3 | | the patient's health has not changed in any manner to warrant a |
4 | | reexamination
by the
dentist.
|
5 | | (f) Without the supervision of a dentist, a dental |
6 | | hygienist
may perform
dental health education functions and may |
7 | | record case histories and oral
conditions observed.
|
8 | | (g) The number of dental hygienists practicing in a dental |
9 | | office shall
not
exceed, at any one time, 4 times the number of |
10 | | dentists practicing in the
office at the time.
|
11 | | (h) A dental hygienist who is certified as a public health |
12 | | dental hygienist may provide services to patients: (1) who are |
13 | | eligible for Medicaid or (2) who are uninsured and whose |
14 | | household income is not greater than 200% of the federal |
15 | | poverty level. A public health dental hygienist may perform |
16 | | oral assessments, perform screenings, and provide educational |
17 | | and preventative services as provided in subsection (b) of |
18 | | Section 18.1 of this Act. The public health dental hygienist |
19 | | may not administer local anesthesia or nitrous oxide, or place, |
20 | | carve, or finish amalgam restorations. Each patient must sign a |
21 | | consent form that acknowledges that the care received does not |
22 | | take the place of a regular dental examination. The public |
23 | | health dental hygienist must provide the patient or guardian a |
24 | | written referral to a dentist for assessment of the need for |
25 | | further dental care at the time of treatment. Any indication or |
26 | | observation of a condition that could warrant the need for |
|
| | 09900HB0853ham002 | - 31 - | LRB099 04677 MLM 39329 a |
|
|
1 | | urgent attention must be reported immediately to the |
2 | | supervising dentist for appropriate assessment and treatment. |
3 | | This subsection (h) is inoperative on and after January 1, |
4 | | 2021. |
5 | | (Source: P.A. 97-526, eff. 1-1-12.)
|
6 | | (225 ILCS 25/18.1 new) |
7 | | Sec. 18.1. Public health dental supervision |
8 | | responsibilities. |
9 | | (a) When working together in a public health supervision |
10 | | relationship, dentists and public health dental hygienists |
11 | | shall enter into a public health supervision agreement. The |
12 | | dentist providing public health supervision must: |
13 | | (1) be available to provide an appropriate level of |
14 | | contact, communication, collaboration, and consultation |
15 | | with the public health dental hygienist and must meet |
16 | | in-person with the public health dental hygienist at least |
17 | | quarterly for review and consultation; |
18 | | (2) have specific standing orders or policy guidelines |
19 | | for procedures that are to be carried out for each location |
20 | | or program, although the dentist need not be present when |
21 | | the procedures are being performed; |
22 | | (3) provide for the patient's additional necessary |
23 | | care in consultation with the public health dental |
24 | | hygienist; |
25 | | (4) file agreements and notifications as required; and |
|
| | 09900HB0853ham002 | - 32 - | LRB099 04677 MLM 39329 a |
|
|
1 | | (5) include procedures for creating and maintaining |
2 | | dental records, including protocols for transmission of |
3 | | all records between the public health dental hygienist and |
4 | | the dentist following each treatment, which shall include a |
5 | | notation regarding procedures authorized by the dentist |
6 | | and performed by the public health dental hygienist and the |
7 | | location where those records are to be kept. |
8 | | Each dentist and hygienist who enters into a public health |
9 | | supervision agreement must document and maintain a copy of any |
10 | | change or termination of that agreement. |
11 | | Dental records shall be owned and maintained by the |
12 | | supervising dentist for all patients treated under public |
13 | | health supervision, unless the supervising dentist is an |
14 | | employee of a public health clinic or federally qualified |
15 | | health center, in which case the public health clinic or |
16 | | federally qualified health center shall maintain the records. |
17 | | If a dentist ceases to be employed or contracted by the |
18 | | facility, the dentist shall notify the facility administrator |
19 | | that the public health supervision agreement is no longer in |
20 | | effect. A new public health supervision agreement is required |
21 | | for the public health dental hygienist to continue treating |
22 | | patients under public health supervision. |
23 | | A dentist entering into an agreement under this Section may |
24 | | supervise and enter into agreements for public health |
25 | | supervision with 2 public health dental hygienists. This shall |
26 | | be in addition to the limit of 4 dental hygienists per dentist |
|
| | 09900HB0853ham002 | - 33 - | LRB099 04677 MLM 39329 a |
|
|
1 | | set forth in subsection (g) of Section 18 of this Act. |
2 | | (b) A public health dental hygienist providing services |
3 | | under public health supervision may perform only those duties |
4 | | within the accepted scope of practice of dental hygiene, as |
5 | | follows: |
6 | | (1) the operative procedures of dental hygiene, |
7 | | consisting of oral prophylactic procedures, including |
8 | | prophylactic cleanings, application of fluoride, and |
9 | | placement of sealants; |
10 | | (2) the exposure and processing of x-ray films of the |
11 | | teeth and surrounding structures; and |
12 | | (3) such other procedures and acts as shall be |
13 | | prescribed by rule of the Department. |
14 | | Any patient treated under this subsection (b) must be |
15 | | referred to and examined by a dentist. |
16 | | (c) A public health dental hygienist providing services |
17 | | under public health supervision must: |
18 | | (1) provide to the patient, parent, or guardian a |
19 | | written plan for referral or an agreement for follow-up |
20 | | that records all conditions observed that should be called |
21 | | to the attention of a dentist for proper diagnosis; |
22 | | (2) have each patient sign a permission slip or consent |
23 | | form that informs them that the service to be received does |
24 | | not take the place of regular dental checkups at a dental |
25 | | office and is meant for people who otherwise would not have |
26 | | access to the service; |
|
| | 09900HB0853ham002 | - 34 - | LRB099 04677 MLM 39329 a |
|
|
1 | | (3) inform each patient who may require further dental |
2 | | services of that need; |
3 | | (4) maintain an appropriate level of contact and |
4 | | communication with the dentist providing public health |
5 | | supervision; and |
6 | | (5) complete an additional 4 hours of continuing |
7 | | education in areas specific to public health dentistry |
8 | | yearly. |
9 | | (d) Each public health dental hygienist who has rendered |
10 | | services under subsections (c), (d), and (e) of this Section |
11 | | must complete a summary report at the completion of a program |
12 | | or, in the case of an ongoing program, at least annually. The |
13 | | report must be completed in the manner specified by the |
14 | | Division of Oral Health in the Department of Public Health |
15 | | including information about each location where the public |
16 | | health dental hygienist has rendered these services. The public |
17 | | health dental hygienist must submit the form to the dentist |
18 | | providing supervision for his or her signature before sending |
19 | | it to the Division. |
20 | | (e) Public health dental hygienists providing services |
21 | | under public health supervision may be compensated for their |
22 | | work by salary, honoraria, and other mechanisms by the |
23 | | employing or sponsoring entity. Nothing in this Act shall |
24 | | preclude the entity that employs or sponsors a public health |
25 | | dental hygienist from seeking payment, reimbursement, or other |
26 | | source of funding for the services provided. |
|
| | 09900HB0853ham002 | - 35 - | LRB099 04677 MLM 39329 a |
|
|
1 | | (f) This Section is repealed on January 1, 2021.
|
2 | | (225 ILCS 25/23) (from Ch. 111, par. 2323)
|
3 | | (Section scheduled to be repealed on January 1, 2016)
|
4 | | Sec. 23. Refusal, revocation or suspension of dental |
5 | | licenses. The
Department may refuse to issue or renew, or may |
6 | | revoke, suspend, place on
probation, reprimand or take other |
7 | | disciplinary or non-disciplinary action as the Department
may |
8 | | deem proper, including imposing fines not to exceed $10,000 per |
9 | | violation, with
regard to any license for any one or any |
10 | | combination of
the following causes:
|
11 | | 1. Fraud or misrepresentation in applying for or |
12 | | procuring a license under this Act, or in connection with |
13 | | applying for renewal of a license under this Act.
|
14 | | 2. Inability to practice with reasonable judgment, |
15 | | skill, or safety as a result of habitual or excessive use |
16 | | or addiction to alcohol, narcotics, stimulants, or any |
17 | | other chemical agent or drug.
|
18 | | 3. Willful or repeated violations of the rules of the |
19 | | Department of
Public Health or Department of Nuclear |
20 | | Safety.
|
21 | | 4. Acceptance of a fee for service as a witness, |
22 | | without the
knowledge of the court, in addition to the fee |
23 | | allowed by the court.
|
24 | | 5. Division of fees or agreeing to split or divide the |
25 | | fees received
for dental services with any person for |
|
| | 09900HB0853ham002 | - 36 - | LRB099 04677 MLM 39329 a |
|
|
1 | | bringing or referring a patient,
except in regard to |
2 | | referral services as provided for under Section 45,
or |
3 | | assisting in the care or treatment of a patient,
without |
4 | | the
knowledge of the patient or his or her legal |
5 | | representative. Nothing in this item 5 affects any bona |
6 | | fide independent contractor or employment arrangements |
7 | | among health care professionals, health facilities, health |
8 | | care providers, or other entities, except as otherwise |
9 | | prohibited by law. Any employment arrangements may include |
10 | | provisions for compensation, health insurance, pension, or |
11 | | other employment benefits for the provision of services |
12 | | within the scope of the licensee's practice under this Act. |
13 | | Nothing in this item 5 shall be construed to require an |
14 | | employment arrangement to receive professional fees for |
15 | | services rendered.
|
16 | | 6. Employing, procuring, inducing, aiding or abetting |
17 | | a person not
licensed or registered as a dentist or dental |
18 | | hygienist to engage in the practice of
dentistry or dental |
19 | | hygiene . The person practiced upon is not an accomplice, |
20 | | employer,
procurer, inducer, aider, or abetter within the |
21 | | meaning of this Act.
|
22 | | 7. Making any misrepresentations or false promises, |
23 | | directly or
indirectly, to influence, persuade or induce |
24 | | dental patronage.
|
25 | | 8. Professional connection or association with or |
26 | | lending his or her name
to another for the illegal practice |
|
| | 09900HB0853ham002 | - 37 - | LRB099 04677 MLM 39329 a |
|
|
1 | | of dentistry by another, or
professional connection or |
2 | | association with any person, firm or
corporation holding |
3 | | himself, herself, themselves, or itself out in any manner
|
4 | | contrary to this Act.
|
5 | | 9. Obtaining or seeking to obtain practice, money, or |
6 | | any other
things of value by false or fraudulent |
7 | | representations, but
not limited to, engaging in such |
8 | | fraudulent practice to defraud the
medical assistance |
9 | | program of the Department of Healthcare and Family Services |
10 | | (formerly Department of Public Aid) under the Illinois |
11 | | Public Aid Code.
|
12 | | 10. Practicing under a false or, except as provided by |
13 | | law, an assumed name.
|
14 | | 11. Engaging in dishonorable,
unethical, or |
15 | | unprofessional conduct of a character likely to deceive,
|
16 | | defraud, or harm the public.
|
17 | | 12. Conviction by plea of guilty or nolo contendere, |
18 | | finding of guilt, jury verdict, or entry of judgment or by |
19 | | sentencing for any crime, including, but not limited to, |
20 | | convictions, preceding sentences of supervision, |
21 | | conditional discharge, or first offender probation, under |
22 | | the laws of any jurisdiction of the United States that (i) |
23 | | is a felony under the laws of this State or (ii) is a |
24 | | misdemeanor, an essential element of which is dishonesty, |
25 | | or that is directly related to the practice of dentistry.
|
26 | | 13. Permitting a dental hygienist, dental assistant or |
|
| | 09900HB0853ham002 | - 38 - | LRB099 04677 MLM 39329 a |
|
|
1 | | other person
under his or her supervision to perform
any |
2 | | operation not authorized by this Act.
|
3 | | 14. Permitting more than 4 dental hygienists to be |
4 | | employed under
his or her supervision at any one time.
|
5 | | 15. A violation of any provision of this
Act or any |
6 | | rules promulgated under this Act.
|
7 | | 16. Taking impressions for or using the services of any |
8 | | person, firm
or corporation violating this Act.
|
9 | | 17. Violating any provision of Section 45 relating to |
10 | | advertising.
|
11 | | 18. Discipline by another U.S. jurisdiction or foreign |
12 | | nation,
if at least one of the grounds for the discipline |
13 | | is the
same or substantially equivalent to those set forth |
14 | | within this Act.
|
15 | | 19. Willfully failing to report an instance of |
16 | | suspected child abuse or
neglect as required by the Abused |
17 | | and Neglected Child Reporting
Act.
|
18 | | 20. Gross negligence in practice under this Act.
|
19 | | 21. The use or prescription for use of narcotics or |
20 | | controlled substances
or designated products as listed in |
21 | | the Illinois Controlled Substances
Act, in any way other |
22 | | than for therapeutic purposes.
|
23 | | 22. Willfully making or filing false records or reports |
24 | | in his or her practice
as a dentist, including, but not |
25 | | limited to, false records to support claims
against the |
26 | | dental assistance program of the Department of Healthcare |
|
| | 09900HB0853ham002 | - 39 - | LRB099 04677 MLM 39329 a |
|
|
1 | | and Family Services (formerly
Illinois Department of |
2 | | Public
Aid).
|
3 | | 23. Professional incompetence as manifested by poor |
4 | | standards of care.
|
5 | | 24. Physical or mental illness, including, but not |
6 | | limited to,
deterioration
through
the aging process, or |
7 | | loss of motor skills which results in a dentist's
inability |
8 | | to practice dentistry with reasonable judgment, skill or |
9 | | safety. In
enforcing this paragraph, the Department may |
10 | | compel a person licensed to
practice under this Act to |
11 | | submit to a mental or physical examination pursuant
to the |
12 | | terms and conditions of Section 23b.
|
13 | | 25. Gross or repeated irregularities in billing for |
14 | | services rendered
to a patient. For purposes of this |
15 | | paragraph 25, "irregularities in billing"
shall include:
|
16 | | (a) Reporting excessive charges for the purpose of |
17 | | obtaining a total
payment
in excess of that usually |
18 | | received by the dentist for the services rendered.
|
19 | | (b) Reporting charges for services not rendered.
|
20 | | (c) Incorrectly reporting services rendered for |
21 | | the purpose of obtaining
payment not earned.
|
22 | | 26. Continuing the active practice of dentistry while |
23 | | knowingly having
any infectious, communicable, or |
24 | | contagious disease proscribed by rule or
regulation of the |
25 | | Department.
|
26 | | 27. Being named as a perpetrator in an indicated report |
|
| | 09900HB0853ham002 | - 40 - | LRB099 04677 MLM 39329 a |
|
|
1 | | by the
Department of Children and Family Services pursuant |
2 | | to the Abused and
Neglected Child Reporting Act, and upon
|
3 | | proof by clear and convincing evidence that the licensee |
4 | | has
caused a child to be an abused child or neglected child |
5 | | as defined in the
Abused and Neglected Child Reporting Act.
|
6 | | 28. Violating the Health Care Worker Self-Referral |
7 | | Act.
|
8 | | 29. Abandonment of a patient.
|
9 | | 30. Mental incompetency as declared by a court of |
10 | | competent
jurisdiction.
|
11 | | 31. A finding by the Department that the licensee, |
12 | | after having his or her license placed on probationary |
13 | | status, has violated the terms of probation. |
14 | | 32. Material misstatement in furnishing information to |
15 | | the Department. |
16 | | 33. Failing, within 60 days, to provide information in |
17 | | response to a written request by the Department in the |
18 | | course of an investigation. |
19 | | 34. Immoral conduct in the commission of any act, |
20 | | including, but not limited to, commission of an act of |
21 | | sexual misconduct related to the licensee's practice. |
22 | | 35. Cheating on or attempting to subvert the licensing |
23 | | examination administered under this Act. |
24 | | 36. A pattern of practice or other behavior that |
25 | | demonstrates incapacity or incompetence to practice under |
26 | | this Act. |
|
| | 09900HB0853ham002 | - 41 - | LRB099 04677 MLM 39329 a |
|
|
1 | | 37. Failure to establish and maintain records of |
2 | | patient care and treatment as required under this Act. |
3 | | 38. Failure to provide copies of dental records as |
4 | | required by law. |
5 | | All proceedings to suspend, revoke, place on probationary |
6 | | status, or
take any other disciplinary action as the Department |
7 | | may deem proper, with
regard to a license on any of the |
8 | | foregoing grounds, must be commenced
within 5 3 years after |
9 | | receipt by the Department of a complaint alleging the
|
10 | | commission of or notice of the conviction order for any of the |
11 | | acts
described herein. Except for fraud in procuring a license, |
12 | | no
action shall be commenced more than 7 5 years after the date |
13 | | of the incident
or act alleged to have violated this Section. |
14 | | The time during which the
holder of the license was outside the |
15 | | State of Illinois shall not be
included within any period of |
16 | | time limiting the commencement of
disciplinary action by the |
17 | | Department.
|
18 | | All fines imposed under this Section shall be paid within |
19 | | 60 days after the effective date of the order imposing the fine |
20 | | or in accordance with the terms set forth in the order imposing |
21 | | the fine. |
22 | | The Department may refuse to issue or may suspend the |
23 | | license of any
person who fails to file a return, or to pay the |
24 | | tax, penalty or interest
shown in a filed return, or to pay any |
25 | | final assessment of tax, penalty or
interest, as required by |
26 | | any tax Act administered by the Illinois
Department of Revenue, |
|
| | 09900HB0853ham002 | - 42 - | LRB099 04677 MLM 39329 a |
|
|
1 | | until such time as the requirements of
any such tax Act are |
2 | | satisfied.
|
3 | | Any dentist who has had his or her license suspended or |
4 | | revoked for more than 5 years must comply with the requirements |
5 | | for restoration set forth in Section 16 prior to being eligible |
6 | | for reinstatement from the suspension or revocation. |
7 | | (Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; |
8 | | 97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
|
9 | | (225 ILCS 25/24) (from Ch. 111, par. 2324)
|
10 | | (Section scheduled to be repealed on January 1, 2016)
|
11 | | Sec. 24. Refusal, Suspension or Revocation of Dental |
12 | | Hygienist License. The
Department may refuse to issue or renew |
13 | | or
may revoke, suspend, place on probation, reprimand or take |
14 | | other
disciplinary or non-disciplinary action as the |
15 | | Department may deem proper, including imposing fines not
to |
16 | | exceed $10,000 per violation, with regard to any dental |
17 | | hygienist license
for any one or any combination of the |
18 | | following causes:
|
19 | | 1. Fraud or misrepresentation in applying for or |
20 | | procuring a license under this Act, or in connection with |
21 | | applying for renewal of a license under this Act.
|
22 | | 2. Performing any operation not authorized by this Act.
|
23 | | 3. Practicing dental hygiene other than under the |
24 | | supervision of a
licensed dentist as provided by this Act.
|
25 | | 4. The wilful violation of, or the wilful procuring of, |
|
| | 09900HB0853ham002 | - 43 - | LRB099 04677 MLM 39329 a |
|
|
1 | | or knowingly
assisting in the violation of, any Act which |
2 | | is now or which hereafter may
be in force in this State |
3 | | relating to the use of habit-forming drugs.
|
4 | | 5. The obtaining of, or an attempt to obtain a license, |
5 | | or practice in the profession, or money, or any other thing
|
6 | | of value by fraudulent representation.
|
7 | | 6. Gross negligence in performing the operative |
8 | | procedure of dental
hygiene.
|
9 | | 7. Active practice of dental hygiene while knowingly |
10 | | having any
infectious, communicable, or contagious disease |
11 | | proscribed by rule
or regulation of the Department.
|
12 | | 8. Inability to practice with reasonable judgment, |
13 | | skill, or safety as a result of habitual or excessive use |
14 | | or addiction to alcohol, narcotics, stimulants, or any |
15 | | other chemical agent or drug.
|
16 | | 9. Conviction by plea of guilty or nolo contendere, |
17 | | finding of guilt, jury verdict, or entry of judgment or by |
18 | | sentencing of any crime, including, but not limited to, |
19 | | convictions, preceding sentences of supervision, |
20 | | conditional discharge, or first offender probation, under |
21 | | the laws of any jurisdiction of the United States that (i) |
22 | | is a felony or (ii) is a misdemeanor, an essential element |
23 | | of which is dishonesty, or that is directly related to the |
24 | | practice of dental hygiene.
|
25 | | 10. Aiding or abetting the unlicensed practice of |
26 | | dentistry or
dental hygiene.
|
|
| | 09900HB0853ham002 | - 44 - | LRB099 04677 MLM 39329 a |
|
|
1 | | 11. Discipline by another U.S. jurisdiction or a |
2 | | foreign nation, if at
least one of the grounds for the |
3 | | discipline is the same or substantially
equivalent to those |
4 | | set forth in this Act.
|
5 | | 12. Violating the Health Care Worker Self-Referral |
6 | | Act.
|
7 | | 13. Violating the prohibitions of Section 38.1 of this |
8 | | Act. |
9 | | 14. Engaging in dishonorable, unethical, or |
10 | | unprofessional conduct of a character likely to deceive, |
11 | | defraud, or harm the public. |
12 | | 15. A finding by the Department that the licensee, |
13 | | after having his or her license placed on probationary |
14 | | status, has violated the terms of probation.
|
15 | | 16. Material misstatement in furnishing information to |
16 | | the Department. |
17 | | 17. Failing, within 60 days, to provide information in |
18 | | response to a written request by the Department in the |
19 | | course of an investigation. |
20 | | 18. Immoral conduct in the commission of any act, |
21 | | including, but not limited to, commission of an act of |
22 | | sexual misconduct related to the licensee's practice. |
23 | | 19. Cheating on or attempting to subvert the licensing |
24 | | examination administered under this Act. |
25 | | 20. Violations of this Act or of the rules promulgated |
26 | | under this Act. |
|
| | 09900HB0853ham002 | - 45 - | LRB099 04677 MLM 39329 a |
|
|
1 | | 21. Practicing under a false or, except as provided by |
2 | | law, an assumed name. |
3 | | The provisions of this Act relating to proceedings for the |
4 | | suspension
and revocation of a license to practice dentistry |
5 | | shall apply to
proceedings for the suspension or revocation of |
6 | | a license as a dental
hygienist.
|
7 | | All proceedings to suspend, revoke, place on probationary |
8 | | status, or take any other disciplinary action as the Department |
9 | | may deem proper with regard to a license on any of the grounds |
10 | | contained in this Section, must be commenced within 5 years |
11 | | after receipt by the Department of a complaint alleging the |
12 | | commission of or notice of the conviction order for any of the |
13 | | acts described in this Section. Except for fraud in procuring a |
14 | | license, no action shall be commenced more than 7 years after |
15 | | the date of the incident or act alleged to have violated this |
16 | | Section. The time during which the holder of the license was |
17 | | outside the State of Illinois shall not be included within any |
18 | | period of time limiting the commencement of disciplinary action |
19 | | by the Department. |
20 | | All fines imposed under this Section shall be paid within |
21 | | 60 days after the effective date of the order imposing the fine |
22 | | or in accordance with the terms set forth in the order imposing |
23 | | the fine. |
24 | | Any dental hygienist who has had his or her license |
25 | | suspended or revoked for more than 5 years must comply with the |
26 | | requirements for restoration set forth in Section 16 prior to |
|
| | 09900HB0853ham002 | - 46 - | LRB099 04677 MLM 39329 a |
|
|
1 | | being eligible for reinstatement from the suspension or |
2 | | revocation. |
3 | | (Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
|
4 | | (225 ILCS 25/25) (from Ch. 111, par. 2325)
|
5 | | (Section scheduled to be repealed on January 1, 2016)
|
6 | | Sec. 25. Notice of hearing; investigations and informal
|
7 | | conferences. |
8 | | (a) Upon the motion of
either the Department or the Board |
9 | | or upon the verified complaint
in writing of any person setting |
10 | | forth facts which
if proven would constitute grounds for |
11 | | refusal, suspension or revocation
of license under this Act, |
12 | | the Board shall
investigate the actions of any
person, |
13 | | hereinafter called the respondent, who holds or
represents that |
14 | | he
or she holds a license. All such motions or complaints shall |
15 | | be brought to the Board.
|
16 | | (b) Prior to taking an in-person statement from a dentist |
17 | | or
dental hygienist who is the subject of a complaint, the |
18 | | investigator shall
inform the dentist or the dental hygienist |
19 | | in writing:
|
20 | | (1) that the dentist or dental hygienist is the subject |
21 | | of a complaint;
|
22 | | (2) that the dentist or dental hygienist
need not |
23 | | immediately proceed with the interview and may seek |
24 | | appropriate
consultation prior to consenting to the |
25 | | interview; and
|
|
| | 09900HB0853ham002 | - 47 - | LRB099 04677 MLM 39329 a |
|
|
1 | | (3) that failure of the dentist or dental hygienist to |
2 | | proceed with the interview shall not prohibit the |
3 | | Department from conducting a visual inspection of the |
4 | | facility.
|
5 | | A Department investigator's failure to comply with this |
6 | | subsection may not
be the sole ground for dismissal of any |
7 | | order of the Department filed upon a
finding of a violation or |
8 | | for dismissal of a pending investigation.
|
9 | | (b-5) The duly authorized dental investigators of the |
10 | | Department shall have the right to enter and inspect, during |
11 | | business hours, the business premises of a dentist licensed |
12 | | under this Act or of a person who holds himself or herself out |
13 | | as practicing dentistry, with due consideration for patient |
14 | | care of the subject of the investigation, so as to inspect the |
15 | | physical premises and equipment and furnishings therein. This |
16 | | right of inspection shall not include inspection of business, |
17 | | medical, or personnel records located on the premises without a |
18 | | Department subpoena issued in accordance with Section 25.1 of |
19 | | this Act or Section 2105-105 of the Department of Professional |
20 | | Regulation Law of the Civil Administrative Code of Illinois. |
21 | | For the purposes of this Section, "business premises" means the |
22 | | office or offices where the dentist conducts the practice of |
23 | | dentistry. |
24 | | (c) If the Department concludes on the basis of a complaint |
25 | | or its initial
investigation that there is a possible violation |
26 | | of the Act,
the
Department may:
|
|
| | 09900HB0853ham002 | - 48 - | LRB099 04677 MLM 39329 a |
|
|
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 |
6 | | nature of the
alleged actions or
inactions that constitute the |
7 | | possible violations.
|
8 | | A dentist or dental hygienist shall be allowed to have |
9 | | legal counsel at the
informal conference. If the informal |
10 | | conference results in a consent order
between the accused |
11 | | dentist or dental hygienist and the Department, the
consent |
12 | | order
must be approved by the Secretary. However, if the |
13 | | consent order would result in a fine exceeding $10,000 or the |
14 | | suspension or revocation of the dentist or dental hygienist |
15 | | license, the consent order must be approved by the Board and |
16 | | the Secretary. Participation in
the informal conference by a |
17 | | dentist, a dental hygienist, or the Department and
any |
18 | | admissions or
stipulations made by a dentist, a dental |
19 | | hygienist, or the Department at the
informal conference,
|
20 | | including any agreements in a consent order that is |
21 | | subsequently disapproved
by either the Board or the Secretary, |
22 | | shall not be used against the dentist,
dental hygienist, or |
23 | | Department at any subsequent hearing and shall not become
a |
24 | | part of the
record of the hearing.
|
25 | | (d) The Secretary shall, before suspending, revoking, |
26 | | placing on
probationary
status, or taking any other |
|
| | 09900HB0853ham002 | - 49 - | LRB099 04677 MLM 39329 a |
|
|
1 | | disciplinary action as the Secretary may deem
proper with |
2 | | regard to any license, at least 30 days prior
to the date set |
3 | | for the hearing, notify the respondent in
writing of any |
4 | | charges
made and the time and place for a hearing of the |
5 | | charges before the Board,
direct him or her to file his or her |
6 | | written answer thereto to the Board
under oath within 20 days |
7 | | after the service on him or her of such notice
and inform him |
8 | | or her that if he or she fails to file such answer default
will |
9 | | be taken against him or her and his or her license may be |
10 | | suspended,
revoked, placed on probationary status,
or other |
11 | | disciplinary action may be taken with regard thereto, including
|
12 | | limiting the scope, nature or extent of his or her practice, as |
13 | | the Secretary
may deem proper.
|
14 | | (e) Such written notice and any notice in such proceedings |
15 | | thereafter
may be
served by delivery personally to the |
16 | | respondent, or by
registered or
certified mail to the address |
17 | | last theretofore specified by the respondent
in his or her last |
18 | | notification to the Secretary.
|
19 | | (Source: P.A. 97-1013, eff. 8-17-12.)
|
20 | | (225 ILCS 25/26) (from Ch. 111, par. 2326)
|
21 | | (Section scheduled to be repealed on January 1, 2016)
|
22 | | Sec. 26. Disciplinary actions.
|
23 | | (a) In case the respondent, after
receiving notice, fails |
24 | | to file an answer, his or her license may, in the discretion of |
25 | | the Secretary, having first received
the recommendation of the |
|
| | 09900HB0853ham002 | - 50 - | LRB099 04677 MLM 39329 a |
|
|
1 | | Board, be suspended, revoked, placed on
probationary status, or |
2 | | the Secretary may take whatever disciplinary or |
3 | | non-disciplinary action
he or she may deem proper, including |
4 | | limiting the scope, nature, or extent of the
person's practice |
5 | | or the imposition of a fine, without a hearing, if the
act or |
6 | | acts charged constitute sufficient grounds for such action |
7 | | under this
Act.
|
8 | | (b) The Secretary may temporarily suspend the license of a |
9 | | dentist or dental hygienist without a hearing,
simultaneous to |
10 | | the institution of proceedings for a hearing under this
Act, if |
11 | | the Secretary finds that evidence in his or her possession |
12 | | indicates that a
dentist's or dental hygienist's continuation |
13 | | in practice would constitute
an immediate danger to the public. |
14 | | In the event that the Secretary
temporarily suspends the |
15 | | license of a dentist or a dental hygienist without a hearing, a |
16 | | hearing by the
Board must be held within 15 days after such |
17 | | suspension has occurred.
|
18 | | (c) The entry of a judgment by any circuit court |
19 | | establishing that any
person holding a license under this Act |
20 | | is a
person subject to involuntary admission under the Mental |
21 | | Health and
Developmental Disabilities Code shall operate as a |
22 | | suspension of that
license. That person may resume his or her
|
23 | | practice only upon a finding by the Board that he or she has |
24 | | been
determined to be no longer subject to involuntary |
25 | | admission by the court
and upon the Board's recommendation to |
26 | | the Secretary that he or she be
permitted to resume his or her |
|
| | 09900HB0853ham002 | - 51 - | LRB099 04677 MLM 39329 a |
|
|
1 | | practice.
|
2 | | (Source: P.A. 97-1013, eff. 8-17-12.)
|
3 | | (225 ILCS 25/29) (from Ch. 111, par. 2329)
|
4 | | (Section scheduled to be repealed on January 1, 2016)
|
5 | | Sec. 29. Recommendations for disciplinary action - Action |
6 | | by Secretary. The Board may advise the Secretary that probation |
7 | | be granted or
that other disciplinary action, including the |
8 | | limitation of the scope,
nature or extent of a person's |
9 | | practice, be taken, as it deems proper. If
disciplinary action |
10 | | other than suspension or revocation is taken, the Board
may |
11 | | advise that the Secretary impose reasonable limitations and |
12 | | requirements
upon the respondent to insure compliance with the |
13 | | terms of the
probation or
other disciplinary action, including, |
14 | | but not limited to, regular reporting
by the respondent to the |
15 | | Secretary of his or her actions, or the
respondent's
placing |
16 | | himself or herself under the care of a qualified physician for
|
17 | | treatment or limiting his or her practice in such manner as the |
18 | | Secretary
may require.
|
19 | | The Board shall present to the Secretary a written report |
20 | | of its findings
and recommendations. A copy of such report |
21 | | shall be served upon the
respondent,
either personally or by |
22 | | registered or certified mail. Within 20 days after
such |
23 | | service, the respondent may present to the Department his
or |
24 | | her motion
in writing for a rehearing, specifying the |
25 | | particular ground therefor. If
the respondent orders from the |
|
| | 09900HB0853ham002 | - 52 - | LRB099 04677 MLM 39329 a |
|
|
1 | | reporting service and pays for a transcript of the record,
the |
2 | | time
elapsing thereafter and before such transcript is ready |
3 | | for delivery to him
or her shall not be counted as part of such |
4 | | 20 days.
|
5 | | At the expiration of the time allowed for filing a motion |
6 | | for rehearing
the Secretary may take the action recommended by |
7 | | the Board. Upon suspension,
revocation, placement on |
8 | | probationary status, or the taking of any other
disciplinary |
9 | | action, including the limiting of the scope, nature, or extent
|
10 | | of one's practice, deemed proper by the Secretary, with regard |
11 | | to the
license, the respondent
shall surrender his or
her |
12 | | license to the Department, if ordered to
do so by the |
13 | | Department, and upon his or her failure or refusal to do so,
|
14 | | the Department may seize the same.
|
15 | | In all instances under this Act in which the Board has |
16 | | rendered a
recommendation to the Secretary with respect to a |
17 | | particular person, the Secretary
shall, to the extent that he |
18 | | or she disagrees with or takes action
contrary to the |
19 | | recommendation of the Board, file with the Board his or her |
20 | | specific written reasons of disagreement. Such
reasons shall be |
21 | | filed within 30 days after the Secretary has taken the
contrary |
22 | | position.
|
23 | | Each order of revocation, suspension, or other |
24 | | disciplinary action shall
contain a brief, concise statement of |
25 | | the ground or grounds upon which the
Department's action is |
26 | | based, as well as the specific terms and conditions
of such |
|
| | 09900HB0853ham002 | - 53 - | LRB099 04677 MLM 39329 a |
|
|
1 | | action. The original of this document shall be retained as a
|
2 | | permanent record by the Board and the Department. In those |
3 | | instances where
an order of revocation, suspension, or other |
4 | | disciplinary action has been
rendered by virtue of a dentist's |
5 | | or dental hygienist's physical illness,
including, but not |
6 | | limited to, deterioration through the aging process, or
loss of |
7 | | motor skill which results in an inability to practice with
|
8 | | reasonable judgment, skill, or safety, the Department shall |
9 | | permit only
this document and the record of the hearing |
10 | | incident thereto to be
observed, inspected, viewed, or copied |
11 | | pursuant to court order.
|
12 | | (Source: P.A. 97-1013, eff. 8-17-12.)
|
13 | | (225 ILCS 25/30) (from Ch. 111, par. 2330)
|
14 | | (Section scheduled to be repealed on January 1, 2016)
|
15 | | Sec. 30. Appointment of a Hearing Officer. The Secretary |
16 | | shall have
the authority to appoint any attorney duly licensed |
17 | | to practice law in the
State of Illinois to serve as the |
18 | | hearing officer if any action for refusal
to issue, renew or |
19 | | discipline of a license.
The hearing officer shall have full |
20 | | authority to conduct the hearing. The
hearing officer shall |
21 | | report his or her findings and recommendations to the Board
and |
22 | | the Secretary. The Board shall have 60 days from receipt of the |
23 | | report
to review the report of the hearing officer and present |
24 | | its findings of
fact, conclusions of law and recommendations to |
25 | | the Secretary. If the Board
fails to present its report within |
|
| | 09900HB0853ham002 | - 54 - | LRB099 04677 MLM 39329 a |
|
|
1 | | the 60 day period, the Secretary shall
issue an order based on |
2 | | the report of the hearing officer. If the Secretary
determines |
3 | | that the Board's report is contrary to the manifest weight of
|
4 | | the evidence, he or she may issue an order in contravention of |
5 | | the Board's report.
|
6 | | Whenever the Secretary is satisfied that substantial |
7 | | justice has not been done in a formal disciplinary action or |
8 | | refusal to restore a license, he or she may order a |
9 | | reexamination or rehearing by the same or other hearing |
10 | | officer. |
11 | | (Source: P.A. 97-1013, eff. 8-17-12.)
|
12 | | (225 ILCS 25/41) (from Ch. 111, par. 2341)
|
13 | | (Section scheduled to be repealed on January 1, 2016)
|
14 | | Sec. 41. Dental Coordinator. The Department shall select a |
15 | | dental
coordinator, who shall not be a member of the Board. The |
16 | | dental
coordinator shall be a dentist. The dental coordinator |
17 | | shall be the chief
enforcement officer of the disciplinary |
18 | | provisions of this Act.
|
19 | | The Department shall employ, in conformity with the |
20 | | " Personnel Code " , such investigators as it deems necessary to |
21 | | investigate violations of this Act not
less than one full-time |
22 | | investigator for every 3,000 dentists and dental
hygienists in |
23 | | the State . Each investigator shall be a college graduate
with |
24 | | at least 2 years' investigative experience or one year of |
25 | | advanced
dental or medical education. The Department shall |
|
| | 09900HB0853ham002 | - 55 - | LRB099 04677 MLM 39329 a |
|
|
1 | | employ, in conformity
with the " Personnel Code " , such other |
2 | | professional, technical, investigative
and clerical assistance |
3 | | on either a full or part-time basis, as the
Department deems |
4 | | necessary for the proper performance of its duties. The
|
5 | | Department shall retain and use such hearing officers as it |
6 | | deems
necessary. All employees of the Department shall be |
7 | | directed by, and
answerable to, the Department, with respect to |
8 | | their duties and functions.
|
9 | | (Source: P.A. 84-365 .)
|
10 | | (225 ILCS 25/50) (from Ch. 111, par. 2350)
|
11 | | (Section scheduled to be repealed on January 1, 2016)
|
12 | | Sec. 50. Patient Records. Every dentist shall make
a record |
13 | | of all dental work performed for each patient. The record shall
|
14 | | be made in a manner and in sufficient detail that it may be |
15 | | used for
identification purposes.
|
16 | | Dental records required by this Section shall be maintained |
17 | | for 10 years.
Dental records required to be maintained under |
18 | | this Section, or copies
of those dental records, shall be made |
19 | | available upon request to the
patient or the patient's |
20 | | guardian. A dentist shall be entitled to reasonable |
21 | | reimbursement for the cost of reproducing these records, which |
22 | | shall not exceed the cost allowed under Section 8-2001 8-2003 |
23 | | of the Code of Civil Procedure. A dentist providing services |
24 | | through a mobile dental van or portable dental unit shall |
25 | | provide to the patient or the patient's parent or guardian, in |
|
| | 09900HB0853ham002 | - 56 - | LRB099 04677 MLM 39329 a |
|
|
1 | | writing, the dentist's name, license number, address, and |
2 | | information on how the patient or the patient's parent or |
3 | | guardian may obtain the patient's dental records, as provided |
4 | | by law.
|
5 | | (Source: P.A. 97-526, eff. 1-1-12.)
|
6 | | (225 ILCS 25/35 rep.)
|
7 | | Section 20. The Illinois Dental Practice Act is amended by |
8 | | repealing Section 35. |
9 | | Section 95. No acceleration or delay. Where this Act makes |
10 | | changes in a statute that is represented in this Act by text |
11 | | that is not yet or no longer in effect (for example, a Section |
12 | | represented by multiple versions), the use of that text does |
13 | | not accelerate or delay the taking effect of (i) the changes |
14 | | made by this Act or (ii) provisions derived from any other |
15 | | Public Act.
|
16 | | Section 99. Effective date. This Act takes effect December |
17 | | 31, 2015.".
|