Full Text of HB0875 94th General Assembly
HB0875sam003 94TH GENERAL ASSEMBLY
|
Sen. William R. Haine
Filed: 5/2/2005
|
|
09400HB0875sam003 |
|
LRB094 06602 RAS 45762 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 875
| 2 |
| AMENDMENT NO. ______. Amend House Bill 875, AS AMENDED, in | 3 |
| Section 10, in the introductory clause, after "19,", by | 4 |
| inserting "24,"; and
| 5 |
| in Section 10, in the introductory clause, by replacing | 6 |
| "Section 54.2" with "Sections 25.1 and 54.2"; and | 7 |
| in Section 10, by replacing Sec. 9 with the following:
| 8 |
| "(225 ILCS 25/9) (from Ch. 111, par. 2309)
| 9 |
| (Section scheduled to be repealed on January 1, 2006)
| 10 |
| Sec. 9. Qualifications of Applicants for Dental Licenses. | 11 |
| The
Department shall require that each applicant for a license | 12 |
| to
practice dentistry shall:
| 13 |
| (a) (Blank).
| 14 |
| (b) Be at least 21 years of age and of good moral | 15 |
| character.
| 16 |
| (c) (1) Present satisfactory evidence of completion of | 17 |
| dental
education by graduation from a dental college or school | 18 |
| in the United
States or Canada approved by the Department. The | 19 |
| Department shall not approve
any dental college or school which | 20 |
| does not require at least (A) 60 semester
hours of collegiate | 21 |
| credit or the equivalent in acceptable subjects from a
college | 22 |
| or university before admission, and (B) completion of at least | 23 |
| 4
academic years of instruction or the equivalent in an |
|
|
|
09400HB0875sam003 |
- 2 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| approved dental college
or school before graduation; or
| 2 |
| (2) Present satisfactory evidence of completion of dental | 3 |
| education by
graduation from a dental college or school outside | 4 |
| the United States or
Canada and provide satisfactory evidence | 5 |
| that:
| 6 |
| (A) (blank)
the completion of a dental education | 7 |
| outside the United States or
Canada authorized the | 8 |
| applicant to practice dentistry in the country in
which he | 9 |
| or she completed the dental education ;
| 10 |
| (B) the applicant has completed a minimum of 2 academic | 11 |
| years of general
dental clinical training at a dental | 12 |
| college or school in the United States or
Canada approved | 13 |
| by the Department, however, an accredited advanced dental | 14 |
| education program approved by the Department of no less | 15 |
| than 2 years may be substituted for the 2 academic years of | 16 |
| general dental clinical training and
except that an | 17 |
| applicant who was enrolled
for not less than one year in an | 18 |
| approved clinical program prior to January 1,
1993 at an | 19 |
| Illinois dental college or school shall be required to | 20 |
| complete only
that program; and
| 21 |
| (C) the applicant has received certification from the | 22 |
| dean of an
approved dental college or school in the United | 23 |
| States or Canada or the program director of an approved | 24 |
| advanced dental education program stating that
the | 25 |
| applicant has achieved the same level of scientific | 26 |
| knowledge and clinical
competence as required of all | 27 |
| graduates of the college ,
or school , or advanced dental | 28 |
| education program .
| 29 |
| Nothing in this Act shall be construed to prevent either | 30 |
| the Department or
any dental college or school from | 31 |
| establishing higher standards than
specified in this Act.
| 32 |
| (d) In determining professional capacity under this | 33 |
| Section, any
individual who has not been actively engaged in | 34 |
| the practice of dentistry,
has not been a dental student, or |
|
|
|
09400HB0875sam003 |
- 3 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| has not been engaged in a formal program
of dental education | 2 |
| during the 5 years immediately preceding the filing of an
| 3 |
| application may be required to complete such additional | 4 |
| testing, training, or
remedial education as the Board may deem | 5 |
| necessary in order to establish
the applicant's present | 6 |
| capacity to practice dentistry with reasonable
judgment, | 7 |
| skill, and safety.
| 8 |
| (e) Pass an examination authorized or given by the | 9 |
| Department
in the theory and practice of the science of | 10 |
| dentistry; provided,
that the Department (1) may recognize a | 11 |
| certificate granted by the National
Board of Dental Examiners | 12 |
| in lieu of, or subject to, such examination as
may be required | 13 |
| and (2) may recognize successful completion of the preclinical
| 14 |
| and clinical examination
examinations conducted by approved | 15 |
| regional testing services in
lieu of such examinations as may | 16 |
| be required. For purposes of this Section,
successful | 17 |
| completion shall mean that the applicant has achieved a minimum
| 18 |
| passing score on the regional examinations as determined by | 19 |
| each approved
regional testing service.
| 20 |
| (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; | 21 |
| 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. | 22 |
| 8-9-96.)"; and
| 23 |
| in Section 10, Sec. 16, by replacing the sentence beginning " A
| 24 |
| The expiration date " with the following: | 25 |
| "The expiration and renewal date
period for each license issued | 26 |
| under this Act shall be set by rule. The renewal period for | 27 |
| each license issued under this Act shall be 3 years. "; and | 28 |
| in Section 10, Sec. 16, by deleting the sentence beginning | 29 |
| " License expiration dates "; and | 30 |
| in Section 10, immediately below Sec. 19, by inserting the | 31 |
| following:
|
|
|
|
09400HB0875sam003 |
- 4 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| "(225 ILCS 25/24) (from Ch. 111, par. 2324)
| 2 |
| (Section scheduled to be repealed on January 1, 2006)
| 3 |
| Sec. 24. Refusal, Suspension or Revocation of Dental | 4 |
| Hygienist License. The
Department may refuse to issue or renew | 5 |
| or ,
may revoke, suspend, place on probation, reprimand or take | 6 |
| other
disciplinary action as the Department may deem proper, | 7 |
| including fines not
to exceed $2,500 per violation, with regard | 8 |
| to any dental hygienist license
for any one or any combination | 9 |
| of the following causes:
| 10 |
| 1. Fraud in procuring license.
| 11 |
| 2. Performing any operation not authorized by this Act.
| 12 |
| 3. Practicing dental hygiene other than under the | 13 |
| supervision of a
licensed dentist as provided by this Act.
| 14 |
| 4. The wilful violation of, or the wilful procuring of, or | 15 |
| knowingly
assisting in the violation of, any Act which is now | 16 |
| or which hereafter may
be in force in this State relating to | 17 |
| the use of habit-forming drugs.
| 18 |
| 5. The obtaining of, or an attempt to obtain a license, or | 19 |
| practice in the profession, or money, or any other thing
of | 20 |
| value by fraudulent representation.
| 21 |
| 6. Gross negligence in performing the operative procedure | 22 |
| of dental
hygiene.
| 23 |
| 7. Active practice of dental hygiene while knowingly having | 24 |
| any
infectious, communicable, or contagious disease proscribed | 25 |
| by rule
or regulation of the Department.
| 26 |
| 8. Habitual intoxication or addiction to the use of
| 27 |
| habit-forming drugs.
| 28 |
| 9. Conviction in this or another state of any crime which | 29 |
| is a felony
under the laws of this State or conviction of a | 30 |
| felony in a federal court,
if the Department determines, after | 31 |
| investigation, that such person has not
been sufficiently | 32 |
| rehabilitated to warrant the public trust.
| 33 |
| 10. Aiding or abetting the unlicensed practice of dentistry |
|
|
|
09400HB0875sam003 |
- 5 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| or
dental hygiene.
| 2 |
| 11. Discipline by another U.S. jurisdiction or a foreign | 3 |
| nation, if at
least one of the grounds for the discipline is | 4 |
| the same or substantially
equivalent to those set forth in this | 5 |
| Act.
| 6 |
| 12. Violating the Health Care Worker Self-Referral Act.
| 7 |
| 13. Violating the prohibitions of Section 38.1 of this Act.
| 8 |
| 14. Engaging in dishonorable, unethical, or unprofessional | 9 |
| conduct of a character likely to deceive, defraud, or harm the | 10 |
| public.
| 11 |
| The provisions of this Act relating to proceedings for the | 12 |
| suspension
and revocation of a license to practice dentistry | 13 |
| shall apply to
proceedings for the suspension or revocation of | 14 |
| a license as a dental
hygienist.
| 15 |
| (Source: P.A. 91-520, eff. 1-1-00.)"; and
| 16 |
| in Section 10, by replacing Sec. 25 with the following:
| 17 |
| "(225 ILCS 25/25) (from Ch. 111, par. 2325)
| 18 |
| (Section scheduled to be repealed on January 1, 2006)
| 19 |
| Sec. 25. Notice of hearing; investigations and informal
| 20 |
| conferences.
| 21 |
| (a) Upon the motion of
either the Department or the Board | 22 |
| or upon the verified complaint
in writing of any person setting | 23 |
| forth facts which
if proven would constitute grounds for | 24 |
| refusal, suspension or revocation
of license under this Act, | 25 |
| the Board shall
investigate the actions of any
person, | 26 |
| hereinafter called the respondent, who holds or
represents that | 27 |
| he
holds a license. All such motions or complaints shall be | 28 |
| brought to the Board.
| 29 |
| (b) Prior to taking an in-person statement from a dentist | 30 |
| or
dental hygienist who is the subject of a complaint, the | 31 |
| investigator shall
inform the dentist or the dental hygienist | 32 |
| in writing:
|
|
|
|
09400HB0875sam003 |
- 6 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| (1) that the dentist or dental hygienist is the subject | 2 |
| of a complaint;
and
| 3 |
| (2) that the dentist or dental hygienist
need not | 4 |
| immediately proceed with the interview and may seek | 5 |
| appropriate
consultation prior to consenting to the | 6 |
| interview ; and
.
| 7 |
| (3) that failure of the dentist or dental hygienist to | 8 |
| proceed with the interview shall not prohibit the | 9 |
| Department from conducting a visual inspection of the | 10 |
| facility.
| 11 |
| A Department investigator's failure to comply with this | 12 |
| subsection may not
be the sole ground for dismissal of any | 13 |
| order of the Department filed upon a
finding of a violation or | 14 |
| for dismissal of a pending investigation.
| 15 |
| (c) If the Department concludes on the basis of a complaint | 16 |
| or its initial
investigation that there is a possible violation | 17 |
| of the Act,
the
Department may:
| 18 |
| (1) schedule a hearing pursuant to this Act; or
| 19 |
| (2) request
in writing that the dentist or dental | 20 |
| hygienist being investigated attend an
informal
conference | 21 |
| with representatives of the Department.
| 22 |
| The request for an informal conference shall contain the | 23 |
| nature of the
alleged actions or
inactions that constitute the | 24 |
| possible violations.
| 25 |
| A dentist or dental hygienist shall be allowed to have | 26 |
| legal counsel at the
informal conference. If the informal | 27 |
| conference results in a consent order
between the accused | 28 |
| dentist or dental hygienist and the Department, the
consent | 29 |
| order must be approved by the Board and the Director. However, | 30 |
| if the consent order would result in a fine exceeding $5,000 or | 31 |
| the suspension or revocation of the dentist or dental hygienist | 32 |
| license, the consent order must be approved by the Board and | 33 |
| the Director. Participation in
the informal conference by a | 34 |
| dentist, a dental hygienist, or the Department and
any |
|
|
|
09400HB0875sam003 |
- 7 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| admissions or
stipulations made by a dentist, a dental | 2 |
| hygienist, or the Department at the
informal conference,
| 3 |
| including any agreements in a consent order that is | 4 |
| subsequently disapproved
by either the Board or the Director, | 5 |
| shall not be used against the dentist,
dental hygienist, or | 6 |
| Department at any subsequent hearing and shall not become
a | 7 |
| part of the
record of the hearing.
| 8 |
| (d) The Director shall, before suspending, revoking, | 9 |
| placing on
probationary
status, or taking any other | 10 |
| disciplinary action as the Director may deem
proper with regard | 11 |
| to any license, at least 30 days prior
to the date set for the | 12 |
| hearing, notify the respondent in
writing of any charges
made | 13 |
| and the time and place for a hearing of the charges before the | 14 |
| Board,
direct him or her to file his or her written answer | 15 |
| thereto to the Board
under oath within 20 days after the | 16 |
| service on him or her of such notice
and inform him or her that | 17 |
| if he or she fails to file such answer default
will be taken | 18 |
| against him or her and his or her license may be suspended,
| 19 |
| revoked, placed on probationary status,
or other disciplinary | 20 |
| action may be taken with regard thereto, including
limiting the | 21 |
| scope, nature or extent of his or her practice, as the Director
| 22 |
| may deem proper.
| 23 |
| (e) Such written notice and any notice in such proceedings | 24 |
| thereafter
may be
served by delivery personally to the | 25 |
| respondent, or by
registered or
certified mail to the address | 26 |
| last theretofore specified by the respondent
in his or her last | 27 |
| notification to the Director.
| 28 |
| (Source: P.A. 91-689, eff. 1-1-01.)
| 29 |
| (225 ILCS 25/25.1 new)
| 30 |
| Sec. 25.1. Subpoena powers.
| 31 |
| (a) The Department, upon a determination by the chairperson | 32 |
| of the Board that reasonable cause exists that a violation of | 33 |
| one or more of the grounds for discipline set forth in Section |
|
|
|
09400HB0875sam003 |
- 8 - |
LRB094 06602 RAS 45762 a |
|
| 1 |
| 23 or Section 24 of this Act has occurred or is occurring, may | 2 |
| subpoena the dental records of individual patients of dentists | 3 |
| and dental hygienists licensed under this Act. | 4 |
| (b) Notwithstanding subsection (a) of this Section, the | 5 |
| Board and the Department may subpoena copies of hospital, | 6 |
| medical, or dental records in mandatory report cases alleging | 7 |
| death or permanent bodily injury when consent to obtain the | 8 |
| records has not been provided by a patient or a patient's legal | 9 |
| representative. All records and other information received | 10 |
| pursuant to a subpoena shall be confidential and shall be | 11 |
| afforded the same status as information concerning medical | 12 |
| studies under Part 21 of Article VIII of the Code of Civil | 13 |
| Procedure. The use of these records shall be restricted to | 14 |
| members of the Board, the dental coordinator, and appropriate | 15 |
| Department staff designated by the Secretary for the purpose of | 16 |
| determining the existence of one or more grounds for discipline | 17 |
| of the dentist of dental hygienist as provided for in Section | 18 |
| 23 or Section 24 of this Act. | 19 |
| (c) Any review of an individual patient's records shall be | 20 |
| conducted by the Department in strict confidentiality, | 21 |
| provided that the patient records shall be admissible in a | 22 |
| disciplinary hearing before the Secretary, the Board, or a | 23 |
| hearing officer designated by the Department when necessary to | 24 |
| substantiate the grounds for discipline alleged against the | 25 |
| dentist or dental hygienist licensed under this Act. | 26 |
| (d) The Department may provide reimbursement for fees and | 27 |
| mileage associated with its subpoena power in the same manner | 28 |
| prescribed by law for judicial procedure in a civil cases. | 29 |
| (e) Nothing in this Section shall be deemed to supersede | 30 |
| the provisions of Part 21 of Article VIII of the Code of Civil | 31 |
| Procedure, now or hereafter amended, to the extent | 32 |
| applicable. ".
|
|