Full Text of HB0875 94th General Assembly
HB0875enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.16 and by adding Section 4.26 as follows:
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| (5 ILCS 80/4.16)
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| Sec. 4.16. Acts repealed January 1, 2006. The following | 8 |
| Acts are repealed January 1, 2006:
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| The Respiratory Care Practice Act.
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| The Hearing Instrument Consumer Protection Act.
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| The Illinois Dental Practice Act.
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| The Professional Geologist Licensing Act.
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| The Illinois Athletic Trainers Practice Act.
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| The Barber, Cosmetology, Esthetics, and Nail Technology | 15 |
| Act of 1985.
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| The Collection Agency Act.
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| The Illinois Roofing Industry Licensing Act.
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| The Illinois Physical Therapy Act.
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| (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | 20 |
| eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | 21 |
| eff. 8-20-95; 89-626, eff.
8-9-96.)
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| (5 ILCS 80/4.26 new) | 23 |
| Sec. 4.26. Act repealed on January 1, 2016. The following | 24 |
| Act is repealed on January 1, 2016: | 25 |
| The Illinois Dental Practice Act.
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| Section 10. The Illinois Dental Practice Act is amended by | 27 |
| changing Sections 4, 7, 9, 11, 16, 16.1, 19, 24, 25, and 50 and | 28 |
| by adding Sections 25.1 and 54.2 as follows:
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| (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Department" means the Illinois Department of | 4 |
| Professional Regulation.
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| (b) "Director" means the Director of Professional | 6 |
| Regulation.
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| (c) "Board" means the Board of Dentistry established by | 8 |
| Section 6 of this
Act.
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| (d) "Dentist" means a person who has received a general | 10 |
| license pursuant
to paragraph (a) of Section 11 of this Act and | 11 |
| who may perform any intraoral
and extraoral procedure required | 12 |
| in the practice of dentistry and to whom is
reserved the | 13 |
| responsibilities specified in Section 17.
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| (e) "Dental hygienist" means a person who holds a license | 15 |
| under this Act to
perform dental services as authorized by | 16 |
| Section 18.
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| (f) "Dental assistant" means an appropriately trained | 18 |
| person
who, under the supervision of a dentist, provides dental | 19 |
| services
as authorized by Section 17.
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| (g) "Dental laboratory" means a person, firm or corporation | 21 |
| which:
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| (i) engages in making, providing, repairing or | 23 |
| altering dental
prosthetic appliances and other artificial | 24 |
| materials and devices which are
returned to a dentist for | 25 |
| insertion into the human oral cavity or which
come in | 26 |
| contact with its adjacent structures and tissues; and
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| (ii) utilizes or employs a dental technician to provide | 28 |
| such services; and
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| (iii) performs such functions only for a dentist or | 30 |
| dentists.
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| (h) "Supervision" means supervision of a dental hygienist | 32 |
| or a dental
assistant requiring that a dentist authorize the | 33 |
| procedure, remain in the
dental facility while the procedure is | 34 |
| performed, and approve the work
performed by the dental | 35 |
| hygienist or dental assistant before dismissal of
the patient, | 36 |
| but does not mean that the dentist must be present at all
times |
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| in the treatment room.
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| (i) "General supervision" means supervision of a dental | 3 |
| hygienist
requiring that the patient be a patient of record,
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| that the dentist
examine the patient in accordance with Section | 5 |
| 18 prior to treatment by the
dental hygienist, and that the
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| dentist authorize the procedures which
are being carried
out by | 7 |
| a notation in the patient's record, but not requiring that a | 8 |
| dentist
be present when the authorized
procedures are being | 9 |
| performed. The
issuance of a prescription to a dental | 10 |
| laboratory by a
dentist does not constitute general | 11 |
| supervision.
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| (j) "Public member" means a person who is not a health | 13 |
| professional.
For purposes of board membership, any person with | 14 |
| a significant financial
interest in a health service or | 15 |
| profession is not a public member.
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| (k) "Dentistry" means the healing art which is concerned | 17 |
| with the
examination, diagnosis, treatment planning and care of | 18 |
| conditions within
the human oral cavity and its adjacent | 19 |
| tissues and structures, as further
specified in Section 17.
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| (l) "Branches of dentistry" means the various specialties | 21 |
| of dentistry
which, for purposes of this Act, shall be limited | 22 |
| to the following:
endodontics, oral and maxillofacial surgery, | 23 |
| orthodontics and dentofacial
orthopedics, pediatric dentistry,
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| periodontics, prosthodontics, and oral and maxillofacial
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| radiology.
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| (m) "Specialist" means a dentist who has received a | 27 |
| specialty license
pursuant to Section 11(b).
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| (n) "Dental technician" means a person who owns, operates | 29 |
| or is
employed by a dental laboratory and engages in making, | 30 |
| providing, repairing
or altering dental prosthetic appliances | 31 |
| and other artificial materials and
devices which are returned | 32 |
| to a dentist for insertion into the human oral
cavity or which | 33 |
| come in contact with its adjacent structures and tissues.
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| (o) "Impaired dentist" or "impaired dental hygienist" | 35 |
| means a dentist
or dental hygienist who is unable to practice | 36 |
| with
reasonable skill and safety because of a physical or |
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| mental disability as
evidenced by a written determination or | 2 |
| written consent based on clinical
evidence, including | 3 |
| deterioration through the aging process, loss of motor
skills, | 4 |
| abuse of drugs or alcohol, or a psychiatric disorder, of | 5 |
| sufficient
degree to diminish the person's ability to deliver | 6 |
| competent patient care.
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| (p) "Nurse" means a registered professional nurse, a | 8 |
| certified registered
nurse anesthetist licensed as an advanced | 9 |
| practice
nurse, or a licensed practical nurse licensed under | 10 |
| the Nursing and
Advanced Practice Nursing Act.
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| (q) "Patient of record" means a patient for whom the | 12 |
| patient's most recent
dentist has obtained
a
relevant medical | 13 |
| and dental history and on whom the dentist has performed an
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| examination and evaluated the condition to be treated.
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| (r) "Dental emergency responder" means a dentist or dental | 16 |
| hygienist who is appropriately certified in emergency medical | 17 |
| response, as defined by the Department of Public Health.
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| (Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02; | 19 |
| 93-821, eff. 7-28-04.)
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| (225 ILCS 25/7) (from Ch. 111, par. 2307)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 7. Recommendations by Board of
Dentistry. The Director | 23 |
| shall consider the recommendations of the Board
in establishing | 24 |
| guidelines for professional conduct, for the conduct of
formal | 25 |
| disciplinary proceedings brought under this Act, and for
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| establishing guidelines for qualifications of applicants. | 27 |
| Notice of
proposed rulemaking shall be transmitted to the Board | 28 |
| and the Department
shall review the response of the Board and | 29 |
| any recommendations made
therein. Upon the vote of at least | 30 |
| 7/10 of the members of the Board, the
Department shall adopt | 31 |
| the recommendations of the Board in any rulemaking
under this | 32 |
| Act. The Department may, at any time, seek the expert advice
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| and knowledge of the Board on any matter relating to the | 34 |
| administration or
enforcement of this Act.
The action or report | 35 |
| in writing of a majority of the Board shall be
sufficient |
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| authority upon which the Director may act.
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| Whenever the Director is satisfied that substantial | 3 |
| justice has not been
done either in an examination or in the | 4 |
| revocation, suspension or refusal
to issue a license, the | 5 |
| Director may order a reexamination or rehearing.
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| (Source: P.A. 84-1308.)
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| (225 ILCS 25/9) (from Ch. 111, par. 2309)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 9. Qualifications of Applicants for Dental Licenses. | 10 |
| The
Department shall require that each applicant for a license | 11 |
| to
practice dentistry shall:
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| (a) (Blank).
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| (b) Be at least 21 years of age and of good moral | 14 |
| character.
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| (c) (1) Present satisfactory evidence of completion of | 16 |
| dental
education by graduation from a dental college or school | 17 |
| in the United
States or Canada approved by the Department. The | 18 |
| Department shall not approve
any dental college or school which | 19 |
| does not require at least (A) 60 semester
hours of collegiate | 20 |
| credit or the equivalent in acceptable subjects from a
college | 21 |
| or university before admission, and (B) completion of at least | 22 |
| 4
academic years of instruction or the equivalent in an | 23 |
| approved dental college
or school before graduation; or
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| (2) Present satisfactory evidence of completion of dental | 25 |
| education by
graduation from a dental college or school outside | 26 |
| the United States or
Canada and provide satisfactory evidence | 27 |
| that:
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| (A) (blank)
the completion of a dental education | 29 |
| outside the United States or
Canada authorized the | 30 |
| applicant to practice dentistry in the country in
which he | 31 |
| or she completed the dental education ;
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| (B) the applicant has completed a minimum of 2 academic | 33 |
| years of general
dental clinical training at a dental | 34 |
| college or school in the United States or
Canada approved | 35 |
| by the Department, however, an accredited advanced dental |
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| education program approved by the Department of no less | 2 |
| than 2 years may be substituted for the 2 academic years of | 3 |
| general dental clinical training and
except that an | 4 |
| applicant who was enrolled
for not less than one year in an | 5 |
| approved clinical program prior to January 1,
1993 at an | 6 |
| Illinois dental college or school shall be required to | 7 |
| complete only
that program; and
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| (C) the applicant has received certification from the | 9 |
| dean of an
approved dental college or school in the United | 10 |
| States or Canada or the program director of an approved | 11 |
| advanced dental education program stating that
the | 12 |
| applicant has achieved the same level of scientific | 13 |
| knowledge and clinical
competence as required of all | 14 |
| graduates of the college ,
or school , or advanced dental | 15 |
| education program .
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| Nothing in this Act shall be construed to prevent either | 17 |
| the Department or
any dental college or school from | 18 |
| establishing higher standards than
specified in this Act.
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| (d) In determining professional capacity under this | 20 |
| Section, any
individual who has not been actively engaged in | 21 |
| the practice of dentistry,
has not been a dental student, or | 22 |
| has not been engaged in a formal program
of dental education | 23 |
| during the 5 years immediately preceding the filing of an
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| application may be required to complete such additional | 25 |
| testing, training, or
remedial education as the Board may deem | 26 |
| necessary in order to establish
the applicant's present | 27 |
| capacity to practice dentistry with reasonable
judgment, | 28 |
| skill, and safety.
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| (e) Pass an examination authorized or given by the | 30 |
| Department
in the theory and practice of the science of | 31 |
| dentistry; provided,
that the Department (1) may recognize a | 32 |
| certificate granted by the National
Board of Dental Examiners | 33 |
| in lieu of, or subject to, such examination as
may be required | 34 |
| and (2) may recognize successful completion of the preclinical
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| and clinical examination
examinations conducted by approved | 36 |
| regional testing services in
lieu of such examinations as may |
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| be required. For purposes of this Section,
successful | 2 |
| completion shall mean that the applicant has achieved a minimum
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| passing score on the regional examinations as determined by | 4 |
| each approved
regional testing service.
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| (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; | 6 |
| 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. | 7 |
| 8-9-96.)
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| (225 ILCS 25/11) (from Ch. 111, par. 2311)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 11. Types of Dental Licenses. The Department shall | 11 |
| have the
authority to issue the following types of licenses:
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| (a) General licenses. The Department shall issue a license | 13 |
| authorizing
practice as a dentist to any person who qualifies | 14 |
| for a license under this Act.
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| (b) Specialty licenses. The Department shall issue a
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| license authorizing practice as a specialist in any particular
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| branch of dentistry to any dentist who has complied with the
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| requirements established for that particular branch of | 19 |
| dentistry at the
time of making application. The Department | 20 |
| shall establish additional
requirements of any dentist who | 21 |
| announces or holds himself or herself out
to the public as a | 22 |
| specialist or as being specially qualified in any
particular | 23 |
| branch of dentistry.
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| No dentist shall announce or hold himself or herself out to | 25 |
| the public as
a specialist or as being specially qualified in | 26 |
| any particular branch of
dentistry unless he or she is licensed | 27 |
| to practice in that specialty of
dentistry.
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| The fact that any dentist shall announce by card, | 29 |
| letterhead or any
other form of communication using terms as | 30 |
| "Specialist," "Practice
Limited To" or "Limited to Specialty | 31 |
| of" with the name of the branch of
dentistry practiced as a | 32 |
| specialty, or shall use equivalent words or
phrases to announce | 33 |
| the same, shall be prima facie evidence that the
dentist is | 34 |
| holding himself or herself out to the public as a specialist.
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| (c) Temporary training licenses. Persons who wish to pursue
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| specialty or other advanced clinical educational programs
in an | 2 |
| approved dental school or a hospital situated
in this State, or | 3 |
| persons who wish to pursue programs of specialty
training in | 4 |
| dental public health in public agencies in this State, may
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| receive without examination, in the discretion of the | 6 |
| Department, a
temporary training license. In order to receive a | 7 |
| temporary
training license under this subsection, an applicant | 8 |
| shall furnish
satisfactory proof to the Department that:
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| (1) The applicant is at least 21 years of age and is of | 10 |
| good moral
character. In determining moral character under | 11 |
| this Section, the
Department may take into consideration | 12 |
| any felony conviction of the
applicant, but such a | 13 |
| conviction shall not operate as bar to licensure;
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| (2) The applicant has been accepted or appointed for | 15 |
| specialty or
residency training by an approved hospital | 16 |
| situated in this State, by an
approved dental school | 17 |
| situated in this State, or by a public health agency
in | 18 |
| this State the training programs of which are recognized | 19 |
| and approved by
the Department. The applicant shall | 20 |
| indicate the beginning and ending
dates of the period for | 21 |
| which he or she has been accepted or appointed;
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| (3) The applicant is a graduate of a dental school or | 23 |
| college approved
and in good standing in the judgment of | 24 |
| the Department.
The Department may consider diplomas or | 25 |
| certifications of education, or both,
accompanied by | 26 |
| transcripts of course work and credits awarded to determine
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| if an applicant has graduated from a dental school or | 28 |
| college approved and
in good standing. The Department may | 29 |
| also consider diplomas or
certifications of education, or | 30 |
| both, accompanied by transcripts of course
work and credits | 31 |
| awarded in determining whether a dental school or college
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| is approved and in good standing.
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| Temporary training licenses issued under this
Section | 34 |
| shall be valid only for the duration of the period of residency | 35 |
| or
specialty training and may be extended or renewed as | 36 |
| prescribed by rule.
The holder of a valid temporary training |
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| license shall be entitled thereby to
perform acts as may be | 2 |
| prescribed by and incidental to his or her program of
residency | 3 |
| or specialty training; but he or she shall not be entitled to
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| engage in the practice of dentistry in this State.
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| A temporary training license may be revoked by the
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| Department upon proof that the holder has engaged in the
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| practice of dentistry in this State outside of his or her | 8 |
| program of residency
or specialty training, or if the holder | 9 |
| shall fail to supply the
Department, within 10 days of its | 10 |
| request, with information as to his
or her current status and | 11 |
| activities in his or her specialty training program.
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| (d) Restricted faculty licenses.
Persons who have received | 13 |
| full-time appointments to
teach dentistry at an approved dental | 14 |
| school or hospital situated in this
State may receive without | 15 |
| examination, in the discretion of the Department,
a restricted | 16 |
| faculty license. In order to
receive a restricted faculty | 17 |
| license an applicant shall furnish satisfactory
proof to the | 18 |
| Department that:
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| (1) The applicant is at least 21 years of age, is of | 20 |
| good moral
character and is licensed to
practice dentistry | 21 |
| in another state or country; and
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| (2) The applicant has a full-time appointment to teach
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| dentistry at an approved
dental school or hospital situated | 24 |
| in this State.
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| Restricted faculty licenses issued under
this Section | 26 |
| shall be
valid for a period of 3
2 years and may be extended or
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| renewed. The
holder of a valid restricted faculty license
may | 28 |
| perform acts as may
be required by his or her teaching of | 29 |
| dentistry.
In addition, the holder of a restricted faculty | 30 |
| license may practice general
dentistry or in his or her area of | 31 |
| specialty, but only in a clinic or office
affiliated with the | 32 |
| dental school. Any restricted faculty license issued to a
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| faculty member under this Section shall terminate immediately | 34 |
| and
automatically,
without any further action by the | 35 |
| Department, if the holder ceases to be a
faculty member at an | 36 |
| approved dental school or hospital in this State.
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| The Department may revoke a restricted faculty license for | 2 |
| a violation of
this Act or its rules, or if the holder fails to
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| supply the Department, within 10 days of its request, with | 4 |
| information as
to his current status and activities in his | 5 |
| teaching program.
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| (e) Inactive status. Any person who holds one of the | 7 |
| licenses
under subsection (a) or (b) of Section 11 or under | 8 |
| Section 12 of this Act may
elect, upon payment of
the required | 9 |
| fee, to place his or her license on an inactive status and | 10 |
| shall,
subject to the rules of the
Department, be excused from | 11 |
| the payment of renewal fees until he or she
notifies the | 12 |
| Department in writing of his or her desire to resume active
| 13 |
| status.
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| Any licensee requesting restoration from inactive status | 15 |
| shall be
required to pay the current renewal fee and upon | 16 |
| payment the Department
shall be required to restore his or her | 17 |
| license, as provided in Section 16 of
this Act.
| 18 |
| Any licensee whose license is in an
inactive status shall | 19 |
| not practice in the State of Illinois.
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| (f) Certificates of Identification. In addition to the | 21 |
| licenses
authorized by this Section, the Department shall | 22 |
| deliver to each dentist a
certificate of identification in a | 23 |
| form specified by the Department.
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| (Source: P.A. 92-280, eff. 1-1-02.)
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| (225 ILCS 25/16) (from Ch. 111, par. 2316)
| 26 |
| (Section scheduled to be repealed on January 1, 2006)
| 27 |
| Sec. 16. Expiration, renewal and restoration of licenses.
| 28 |
| The expiration
date and renewal date
period for each license | 29 |
| issued under this Act shall
be set by
rule. The renewal period | 30 |
| for each license issued under this Act shall be 3 years. A | 31 |
| dentist or dental hygienist may renew a license during the | 32 |
| month
preceding its expiration date by paying the required fee. | 33 |
| A dental hygienist
shall provide proof of current | 34 |
| cardiopulmonary resuscitation certification at
the time of | 35 |
| renewal.
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| Any dentist or dental hygienist whose license has expired | 2 |
| or whose license is
on inactive status may have his license | 3 |
| restored at any time within 5 years
after the expiration | 4 |
| thereof, upon payment of the required fee and a showing of | 5 |
| proof of compliance with current continuing education | 6 |
| requirements, as provided by rule .
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| Any person whose license has been expired for more than 5 | 8 |
| years or who has
had his license on inactive status for more | 9 |
| than 5 years may have his license
restored by making | 10 |
| application to the Department and filing proof acceptable to
| 11 |
| the Department of taking continuing education and of his | 12 |
| fitness to have the license restored, including sworn
evidence | 13 |
| certifying to active practice in another jurisdiction, and by | 14 |
| paying
the required restoration fee. A person practicing on an | 15 |
| expired license is
deemed to be practicing without a license. | 16 |
| However, a holder of a license may renew the license within 90 | 17 |
| days after its expiration by complying with the requirements | 18 |
| for renewal and payment of an additional fee. A license renewal | 19 |
| within 90 days after expiration shall be effective | 20 |
| retroactively to the expiration date.
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| If a person whose license has expired or who has had his | 22 |
| license on inactive
status for more than 5 years has not | 23 |
| maintained an active practice satisfactory
to the department, | 24 |
| the Department shall determine, by
an evaluation process | 25 |
| established by rule, his or her fitness to resume
active status | 26 |
| and may require the person to complete a period of evaluated
| 27 |
| clinical experience and may require successful completion of a | 28 |
| practical
examination.
| 29 |
| However, any person whose license has
expired while he has | 30 |
| been engaged (1) in federal or state service active
duty, or | 31 |
| (2) in training or education under the supervision of the | 32 |
| United
States preliminary to induction into the military | 33 |
| service, may have his
license restored without paying any | 34 |
| lapsed
renewal or restoration fee, if within 2 years after | 35 |
| termination of such
service, training or education other than | 36 |
| by dishonorable discharge, he
furnishes the Department with |
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| satisfactory proof that he has been so
engaged and that his | 2 |
| service, training or education has been so terminated.
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| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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| (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 16.1. Continuing education. The Department shall | 7 |
| promulgate
rules of continuing education for persons licensed | 8 |
| under
this Act. In establishing rules, the Department shall | 9 |
| require a minimum of
48
32 hours of study in approved courses | 10 |
| for dentists during each 3-year
2 year
licensing period and a | 11 |
| minimum of 36
24 hours of study in approved courses for
dental | 12 |
| hygienists during each 3-year
2 year licensing period. These | 13 |
| continuing
education rules shall only apply to licenses renewed | 14 |
| after November 1, 1992.
| 15 |
| The Department shall approve only courses that are relevant | 16 |
| to the
treatment and care of patients, including, but not | 17 |
| limited to, clinical
courses in dentistry and dental hygiene | 18 |
| and nonclinical courses such as
patient management, legal and | 19 |
| ethical responsibilities, and stress
management. Courses shall | 20 |
| not be approved in such subjects as estate and
financial | 21 |
| planning, investments, or personal health. Approved courses | 22 |
| may
include, but shall not be limited to, courses that are | 23 |
| offered or sponsored
by approved colleges, universities, and | 24 |
| hospitals and by recognized
national, State, and local dental | 25 |
| and dental hygiene organizations.
| 26 |
| No license shall be renewed unless the
renewal application | 27 |
| is accompanied by an affidavit indicating that the
applicant | 28 |
| has completed the required minimum number of hours of | 29 |
| continuing
education in approved courses as required by this | 30 |
| Section.
The affidavit shall not require a listing of courses. | 31 |
| The affidavit
shall be a prima facie evidence that the | 32 |
| applicant has obtained the minimum
number of required | 33 |
| continuing education hours in approved courses. The
Department | 34 |
| shall not be obligated to conduct random
audits or otherwise | 35 |
| independently verify that an applicant has met the
continuing |
|
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| education requirement.
The Department, however, may not | 2 |
| conduct random audits
of more than 10% of the licensed
dentists | 3 |
| and dental hygienists in any one licensing cycle
to verify | 4 |
| compliance
with continuing education requirements.
If the | 5 |
| Department, however, receives a
complaint that a licensee has | 6 |
| not completed the required continuing
education or if the | 7 |
| Department is investigating another alleged violation
of this | 8 |
| Act by a licensee, the Department may demand and shall be | 9 |
| entitled
to receive evidence from any licensee of completion of | 10 |
| required
continuing education courses for the most recently | 11 |
| completed 3-year
2 year
licensing period.
Evidence of | 12 |
| continuing education may include, but is not limited to, | 13 |
| canceled
checks, official verification forms of attendance, | 14 |
| and continuing education
recording forms, that demonstrate a | 15 |
| reasonable record of attendance. The
Illinois State Board of
| 16 |
| Dentistry shall determine, in accordance with rules adopted by | 17 |
| the
Department,
whether a licensee or applicant has met the | 18 |
| continuing education
requirements.
Any dentist who holds more | 19 |
| than one license under this
Act shall be required to complete
| 20 |
| only the minimum number of hours of continuing education | 21 |
| required for
renewal of a single license. The Department may | 22 |
| provide exemptions from
continuing education requirements. The | 23 |
| exemptions shall include, but shall
not be limited to, dentists | 24 |
| and dental hygienists who agree not to practice
within the | 25 |
| State during the licensing period because they are retired from
| 26 |
| practice.
| 27 |
| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544, | 28 |
| eff.
1-1-98.)
| 29 |
| (225 ILCS 25/19) (from Ch. 111, par. 2319)
| 30 |
| (Section scheduled to be repealed on January 1, 2006)
| 31 |
| Sec. 19. Licensing Applicants from other States. Any person | 32 |
| who has
been lawfully licensed to practice dentistry , including | 33 |
| the practice of a licensed dental specialty, or dental hygiene | 34 |
| in
another state or territory
which has and maintains a | 35 |
| standard for the practice of dentistry , a dental specialty, or |
|
|
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| dental
hygiene at least equal to that now maintained in this | 2 |
| State, or if the
requirements for licensure in such state or | 3 |
| territory in which the
applicant was licensed were, at the date | 4 |
| of his licensure, substantially
equivalent to the requirements | 5 |
| then in force in this State, and who has
been lawfully engaged | 6 |
| in
the practice of dentistry or dental hygiene for at least 3 | 7 |
| of the 5 years
immediately preceding the filing of his or her | 8 |
| application
to practice in this State
and who shall deposit | 9 |
| with the Department a duly attested certificate from
the Board | 10 |
| of the state or territory in which he or she is licensed,
| 11 |
| certifying to the fact of his or her licensing and of his or | 12 |
| her being a
person of good moral character may, upon payment of | 13 |
| the required fee, be
granted a license to practice dentistry , a | 14 |
| dental specialty, or dental hygiene in this State, as the case | 15 |
| may be.
| 16 |
| For the purposes of this Section, in computing 3 of the | 17 |
| immediately
preceding 5 years of
practice in another state or | 18 |
| territory, any person who left the practice
of dentistry to | 19 |
| enter the military service and who practiced dentistry
while in | 20 |
| the military service may count as a part of such period the
| 21 |
| time spent by him in such service.
| 22 |
| Applicants have 3 years from the date of application to | 23 |
| complete the
application process. If the process has not been | 24 |
| completed in 3 years,
the application shall be denied, the fee | 25 |
| forfeited and the
applicant must reapply and meet the | 26 |
| requirements in effect at the time of
reapplication.
| 27 |
| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| 28 |
| (225 ILCS 25/24) (from Ch. 111, par. 2324)
| 29 |
| (Section scheduled to be repealed on January 1, 2006)
| 30 |
| Sec. 24. Refusal, Suspension or Revocation of Dental | 31 |
| Hygienist License. The
Department may refuse to issue or renew | 32 |
| or ,
may revoke, suspend, place on probation, reprimand or take | 33 |
| other
disciplinary action as the Department may deem proper, | 34 |
| including fines not
to exceed $2,500 per violation, with regard | 35 |
| to any dental hygienist license
for any one or any combination |
|
|
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| of the following causes:
| 2 |
| 1. Fraud in procuring license.
| 3 |
| 2. Performing any operation not authorized by this Act.
| 4 |
| 3. Practicing dental hygiene other than under the | 5 |
| supervision of a
licensed dentist as provided by this Act.
| 6 |
| 4. The wilful violation of, or the wilful procuring of, or | 7 |
| knowingly
assisting in the violation of, any Act which is now | 8 |
| or which hereafter may
be in force in this State relating to | 9 |
| the use of habit-forming drugs.
| 10 |
| 5. The obtaining of, or an attempt to obtain a license, or | 11 |
| practice in the profession, or money, or any other thing
of | 12 |
| value by fraudulent representation.
| 13 |
| 6. Gross negligence in performing the operative procedure | 14 |
| of dental
hygiene.
| 15 |
| 7. Active practice of dental hygiene while knowingly having | 16 |
| any
infectious, communicable, or contagious disease proscribed | 17 |
| by rule
or regulation of the Department.
| 18 |
| 8. Habitual intoxication or addiction to the use of
| 19 |
| habit-forming drugs.
| 20 |
| 9. Conviction in this or another state of any crime which | 21 |
| is a felony
under the laws of this State or conviction of a | 22 |
| felony in a federal court,
if the Department determines, after | 23 |
| investigation, that such person has not
been sufficiently | 24 |
| rehabilitated to warrant the public trust.
| 25 |
| 10. Aiding or abetting the unlicensed practice of dentistry | 26 |
| or
dental hygiene.
| 27 |
| 11. Discipline by another U.S. jurisdiction or a foreign | 28 |
| nation, if at
least one of the grounds for the discipline is | 29 |
| the same or substantially
equivalent to those set forth in this | 30 |
| Act.
| 31 |
| 12. Violating the Health Care Worker Self-Referral Act.
| 32 |
| 13. Violating the prohibitions of Section 38.1 of this Act. | 33 |
| 14. Engaging in dishonorable, unethical, or unprofessional | 34 |
| conduct of a character likely to deceive, defraud, or harm the | 35 |
| public.
| 36 |
| The provisions of this Act relating to proceedings for the |
|
|
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LRB094 06602 RAS 36694 b |
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| suspension
and revocation of a license to practice dentistry | 2 |
| shall apply to
proceedings for the suspension or revocation of | 3 |
| a license as a dental
hygienist.
| 4 |
| (Source: P.A. 91-520, eff. 1-1-00.)
| 5 |
| (225 ILCS 25/25) (from Ch. 111, par. 2325)
| 6 |
| (Section scheduled to be repealed on January 1, 2006)
| 7 |
| Sec. 25. Notice of hearing; investigations and informal
| 8 |
| conferences.
| 9 |
| (a) Upon the motion of
either the Department or the Board | 10 |
| or upon the verified complaint
in writing of any person setting | 11 |
| forth facts which
if proven would constitute grounds for | 12 |
| refusal, suspension or revocation
of license under this Act, | 13 |
| the Board shall
investigate the actions of any
person, | 14 |
| hereinafter called the respondent, who holds or
represents that | 15 |
| he
holds a license. All such motions or complaints shall be | 16 |
| brought to the Board.
| 17 |
| (b) Prior to taking an in-person statement from a dentist | 18 |
| or
dental hygienist who is the subject of a complaint, the | 19 |
| investigator shall
inform the dentist or the dental hygienist | 20 |
| in writing:
| 21 |
| (1) that the dentist or dental hygienist is the subject | 22 |
| of a complaint;
and
| 23 |
| (2) that the dentist or dental hygienist
need not | 24 |
| immediately proceed with the interview and may seek | 25 |
| appropriate
consultation prior to consenting to the | 26 |
| interview ; and .
| 27 |
| (3) that failure of the dentist or dental hygienist to | 28 |
| proceed with the interview shall not prohibit the | 29 |
| Department from conducting a visual inspection of the | 30 |
| facility.
| 31 |
| A Department investigator's failure to comply with this | 32 |
| subsection may not
be the sole ground for dismissal of any | 33 |
| order of the Department filed upon a
finding of a violation or | 34 |
| for dismissal of a pending investigation.
| 35 |
| (c) If the Department concludes on the basis of a complaint |
|
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HB0875 Enrolled |
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| 1 |
| or its initial
investigation that there is a possible violation | 2 |
| of the Act,
the
Department may:
| 3 |
| (1) schedule a hearing pursuant to this Act; or
| 4 |
| (2) request
in writing that the dentist or dental | 5 |
| hygienist being investigated attend an
informal
conference | 6 |
| with representatives of the Department.
| 7 |
| The request for an informal conference shall contain the | 8 |
| nature of the
alleged actions or
inactions that constitute the | 9 |
| possible violations.
| 10 |
| A dentist or dental hygienist shall be allowed to have | 11 |
| legal counsel at the
informal conference. If the informal | 12 |
| conference results in a consent order
between the accused | 13 |
| dentist or dental hygienist and the Department, the
consent | 14 |
| order
must be approved by the Board and the Director. However, | 15 |
| if the consent order would result in a fine exceeding $5,000 or | 16 |
| the suspension or revocation of the dentist or dental hygienist | 17 |
| license, the consent order must be approved by the Board and | 18 |
| the Director. Participation in
the informal conference by a | 19 |
| dentist, a dental hygienist, or the Department and
any | 20 |
| admissions or
stipulations made by a dentist, a dental | 21 |
| hygienist, or the Department at the
informal conference,
| 22 |
| including any agreements in a consent order that is | 23 |
| subsequently disapproved
by either the Board or the Director, | 24 |
| shall not be used against the dentist,
dental hygienist, or | 25 |
| Department at any subsequent hearing and shall not become
a | 26 |
| part of the
record of the hearing.
| 27 |
| (d) The Director shall, before suspending, revoking, | 28 |
| placing on
probationary
status, or taking any other | 29 |
| disciplinary action as the Director may deem
proper with regard | 30 |
| to any license, at least 30 days prior
to the date set for the | 31 |
| hearing, notify the respondent in
writing of any charges
made | 32 |
| and the time and place for a hearing of the charges before the | 33 |
| Board,
direct him or her to file his or her written answer | 34 |
| thereto to the Board
under oath within 20 days after the | 35 |
| service on him or her of such notice
and inform him or her that | 36 |
| if he or she fails to file such answer default
will be taken |
|
|
|
HB0875 Enrolled |
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LRB094 06602 RAS 36694 b |
|
| 1 |
| against him or her and his or her license may be suspended,
| 2 |
| revoked, placed on probationary status,
or other disciplinary | 3 |
| action may be taken with regard thereto, including
limiting the | 4 |
| scope, nature or extent of his or her practice, as the Director
| 5 |
| may deem proper.
| 6 |
| (e) Such written notice and any notice in such proceedings | 7 |
| thereafter
may be
served by delivery personally to the | 8 |
| respondent, or by
registered or
certified mail to the address | 9 |
| last theretofore specified by the respondent
in his or her last | 10 |
| notification to the Director.
| 11 |
| (Source: P.A. 91-689, eff. 1-1-01.)
| 12 |
| (225 ILCS 25/25.1 new)
| 13 |
| Sec. 25.1. Subpoena powers.
| 14 |
| (a) The Department, upon a determination by the chairperson | 15 |
| of the Board that reasonable cause exists that a violation of | 16 |
| one or more of the grounds for discipline set forth in Section | 17 |
| 23 or Section 24 of this Act has occurred or is occurring, may | 18 |
| subpoena the dental records of individual patients of dentists | 19 |
| and dental hygienists licensed under this Act. | 20 |
| (b) Notwithstanding subsection (a) of this Section, the | 21 |
| Board and the Department may subpoena copies of hospital, | 22 |
| medical, or dental records in mandatory report cases alleging | 23 |
| death or permanent bodily injury when consent to obtain the | 24 |
| records has not been provided by a patient or a patient's legal | 25 |
| representative. All records and other information received | 26 |
| pursuant to a subpoena shall be confidential and shall be | 27 |
| afforded the same status as information concerning medical | 28 |
| studies under Part 21 of Article VIII of the Code of Civil | 29 |
| Procedure. The use of these records shall be restricted to | 30 |
| members of the Board, the dental coordinator, and appropriate | 31 |
| Department staff designated by the Secretary for the purpose of | 32 |
| determining the existence of one or more grounds for discipline | 33 |
| of the dentist or dental hygienist as provided for in Section | 34 |
| 23 or Section 24 of this Act. | 35 |
| (c) Any review of an individual patient's records shall be |
|
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HB0875 Enrolled |
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|
| 1 |
| conducted by the Department in strict confidentiality, | 2 |
| provided that the patient records shall be admissible in a | 3 |
| disciplinary hearing before the Secretary, the Board, or a | 4 |
| hearing officer designated by the Department when necessary to | 5 |
| substantiate the grounds for discipline alleged against the | 6 |
| dentist or dental hygienist licensed under this Act. | 7 |
| (d) The Department may provide reimbursement for fees and | 8 |
| mileage associated with its subpoena power in the same manner | 9 |
| prescribed by law for judicial procedure in a civil case. | 10 |
| (e) Nothing in this Section shall be deemed to supersede | 11 |
| the provisions of Part 21 of Article VIII of the Code of Civil | 12 |
| Procedure, now or hereafter amended, to the extent applicable.
| 13 |
| (225 ILCS 25/50) (from Ch. 111, par. 2350)
| 14 |
| (Section scheduled to be repealed on January 1, 2006)
| 15 |
| Sec. 50. Patient Records. Every dentist shall make
a record | 16 |
| of all dental work performed for each patient. The record shall
| 17 |
| be made in a manner and in sufficient detail that it may be | 18 |
| used for
identification purposes.
| 19 |
| Dental records required by this Section shall be maintained | 20 |
| for 10 years.
Dental records required to be maintained under | 21 |
| this Section, or copies
of those dental records, shall be made | 22 |
| available upon request to the
patient or the patient's | 23 |
| guardian . A dentist shall be entitled to reasonable | 24 |
| reimbursement for the cost of reproducing these records, which | 25 |
| shall not exceed the cost allowed under Section 8-2003 of the | 26 |
| Code of Civil Procedure , provided that the reasonable cost of
| 27 |
| reproducing the records has been paid by the patient or the | 28 |
| patient's
guardian .
| 29 |
| (Source: P.A. 87-576.)
| 30 |
| (225 ILCS 25/54.2 new)
| 31 |
| Sec. 54.2. Dental emergency responders. A dentist or dental | 32 |
| hygienist who is a dental emergency responder is deemed to be | 33 |
| acting within the bounds of his or her license when providing | 34 |
| care during a declared local, State, or national emergency.
|
|
|
|
HB0875 Enrolled |
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|
| 1 |
| Section 99. Effective date. This Act takes effect December | 2 |
| 31, 2005.
|
|