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Public Act 103-0687


 

Public Act 0687 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0687
 
HB5059 EnrolledLRB103 36284 AWJ 66381 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Dental Practice Act is amended by
changing Sections 11 and 16 as follows:
 
    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 11. Types of dental licenses. The Department shall
have the authority to issue the following types of licenses,
to excuse the payment of fees for inactive status, to deliver
certificates of identification, and to extend pre-license
practice allowances as follows:
    (a) General licenses. The Department shall issue a license
authorizing practice as a dentist to any person who qualifies
for a license under this Act.
    (b) Specialty licenses. The Department shall issue a
license authorizing practice as a specialist in any particular
branch of dentistry to any dentist who has complied with the
requirements established for that particular branch of
dentistry at the time of making application. The Department
shall establish additional requirements of any dentist who
announces or holds himself or herself out to the public as a
specialist or as being specially qualified in any particular
branch of dentistry.
    No dentist shall announce or hold himself or herself out
to the public as a specialist or as being specially qualified
in any particular branch of dentistry unless he or she is
licensed to practice in that specialty of dentistry.
    The fact that any dentist shall announce by card,
letterhead, or any other form of communication using terms as
"Specialist", "Practice Limited To", or "Limited to Specialty
of" with the name of the branch of dentistry practiced as a
specialty, or shall use equivalent words or phrases to
announce the same, shall be prima facie evidence that the
dentist is holding himself or herself out to the public as a
specialist.
    (c) Temporary training licenses. Persons who wish to
pursue specialty or other advanced clinical educational
programs in an approved dental school or a hospital situated
in this State, or persons who wish to pursue programs of
specialty training in dental public health in public agencies
in this State, may receive without examination, in the
discretion of the Department, a temporary training license. In
order to receive a temporary training license under this
subsection, an applicant shall furnish satisfactory proof to
the Department that:
        (1) The applicant is at least 21 years of age and is of
    good moral character. In determining moral character under
    this Section, the Department may take into consideration
    any felony conviction of the applicant, but such a
    conviction shall not operate as bar to licensure;
        (2) The applicant has been accepted or appointed for
    specialty or residency training by an approved hospital
    situated in this State, by an approved dental school
    situated in this State, or by a public health agency in
    this State the training programs of which are recognized
    and approved by the Department. The applicant shall
    indicate the beginning and ending dates of the period for
    which he or she has been accepted or appointed;
        (3) The applicant is a graduate of a dental school or
    college approved and in good standing in the judgment of
    the Department. The Department may consider diplomas or
    certifications of education, or both, accompanied by
    transcripts of course work and credits awarded to
    determine if an applicant has graduated from a dental
    school or college approved and in good standing. The
    Department may also consider diplomas or certifications of
    education, or both, accompanied by transcripts of course
    work and credits awarded in determining whether a dental
    school or college is approved and in good standing.
    Temporary training licenses issued under this Section
shall be valid only for the duration of the period of residency
or specialty training and may be extended or renewed as
prescribed by rule. The holder of a valid temporary training
license shall be entitled thereby to perform acts as may be
prescribed by and incidental to his or her program of
residency or specialty training; but he or she shall not be
entitled to engage in the practice of dentistry in this State.
    A temporary training license may be revoked by the
Department upon proof that the holder has engaged in the
practice of dentistry in this State outside of his or her
program of residency or specialty training, or if the holder
shall fail to supply the Department, within 10 days of its
request, with information as to his or her current status and
activities in his or her specialty training program.
    (d) Faculty limited licenses. Persons who have received
full-time appointments to teach dentistry at an approved
dental school or hospital situated in this State may receive
without examination, in the discretion of the Department, a
faculty limited license. In order to receive a faculty limited
license an applicant shall furnish satisfactory proof to the
Department that:
        (1) The applicant is at least 21 years of age, is of
    good moral character, and is licensed to practice
    dentistry in another state or country; and
        (2) The applicant has a full-time appointment to teach
    dentistry at an approved dental school or hospital
    situated in this State.
    Faculty limited licenses issued under this Section shall
be valid for a period of 3 years and may be extended or
renewed. The holder of a valid faculty limited license may
perform acts as may be required by his or her teaching of
dentistry. The holder of a faculty limited license may
practice general dentistry or in his or her area of specialty,
but only in a clinic or office affiliated with the dental
school. The holder of a faculty limited license may advertise
a specialty degree as part of the licensee's ability to
practice in a faculty practice. Any faculty limited license
issued to a faculty member under this Section shall terminate
immediately and automatically, without any further action by
the Department, if the holder ceases to be a faculty member at
an approved dental school or hospital in this State.
    The Department may revoke a faculty limited license for a
violation of this Act or its rules, or if the holder fails to
supply the Department, within 10 days of its request, with
information as to his or her current status and activities in
his or her teaching program.
    (e) Inactive status. Any person who holds one of the
licenses under subsection (a) or (b) of Section 11 or under
Section 12 of this Act may elect, upon payment of the required
fee, to place his or her license on an inactive status and
shall, subject to the rules of the Department, be excused from
the payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
    Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee and upon
payment the Department shall be required to restore his or her
license, as provided in Section 16 of this Act.
    Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
    (f) Certificates of Identification. In addition to the
licenses authorized by this Section, the Department shall
deliver to each dentist a certificate of identification in a
form specified by the Department.
    (g) Pre-license practice allowance. An applicant for a
general dental license or a temporary training license has a
pre-license practice allowance to practice dentistry in a
Commission on Dental Accreditation accredited specialty or
residency training program for a period of 3 months from the
starting date of the program. Upon a request from the
applicant, the Department may extend, in writing, the
pre-license practice allowance for the specialty or residency
training program. An applicant practicing dentistry under this
subsection may only perform acts as are prescribed by and
incidental to the applicant's program of residency or
specialty training. An applicant practicing dentistry under
this subsection must supply the specialty or residency
training program a copy of the applicant's general license
application or temporary training license application along
with proof of certified mail of sending that application to
the Department.
    The applicant's authority to practice under this
subsection shall terminate immediately upon: (1) the decision
of the Department that the applicant failed the examination
for dental licensure; (2) denial of licensure by the
Department; or (3) withdrawal of the license application.
(Source: P.A. 103-425, eff. 1-1-24.)
 
    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 16. Expiration, renewal and restoration of licenses.
The expiration date and renewal date for each license issued
under this Act shall be set by rule. The renewal period for
each license issued under this Act shall be 3 years. A dentist
or dental hygienist may renew a license during the month
preceding its expiration date by paying the required fee. All
initial licenses issued during an open renewal period shall
have the next expiration date. A dentist or dental hygienist
shall provide proof of current Basic Life Support (BLS)
certification intended for health care providers at the time
of renewal as provided by rule. Basic Life Support
certification training taken as a requirement of this Section
shall be counted for no more than 4 hours during each licensure
period towards the continuing education hours under Section
16.1 of this Act. The Department shall provide by rule for
exemptions from this requirement for a dentist or dental
hygienist with a physical disability that would preclude him
or her from performing BLS.
    Any dentist or dental hygienist whose license has expired
or whose license is on inactive status may have his license
restored at any time within 5 years after the expiration
thereof, upon payment of the required fee and a showing of
proof of compliance with current continuing education
requirements, as provided by rule.
    Any person whose license has been expired for more than 5
years or who has had his license on inactive status for more
than 5 years may have his license restored by making
application to the Department and filing proof acceptable to
the Department of taking continuing education and of his
fitness to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction, and by
paying the required restoration fee. A person practicing on an
expired license is deemed to be practicing without a license.
However, a holder of a license may renew the license within 90
days after its expiration by complying with the requirements
for renewal and payment of an additional fee. A license
renewal within 90 days after expiration shall be effective
retroactively to the expiration date.
    If a person whose license has expired or who has had his
license on inactive status for more than 5 years has not
maintained an active practice satisfactory to the department,
the Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active
status and may require the person to complete a period of
evaluated clinical experience and may require successful
completion of a practical examination.
    However, any person whose license expired while he or she
was (i) on active duty with the Armed Forces of the United
States or called into service or training by the State militia
or (ii) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his or her license renewed, reinstated, or
restored without paying any lapsed renewal or restoration fee,
if within 2 years after termination of such service, training,
or education other than by dishonorable discharge, he or she
furnishes the Department with satisfactory proof that he or
she has been so engaged and that his or her service, training,
or education has been so terminated.
(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12;
98-147, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/19/2024