Full Text of SB0279 94th General Assembly
SB0279 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0279
Introduced 2/3/2005, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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5 ILCS 80/4.16 |
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5 ILCS 80/4.26 new |
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225 ILCS 25/4 |
from Ch. 111, par. 2304 |
225 ILCS 25/8.2 new |
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225 ILCS 25/11 |
from Ch. 111, par. 2311 |
225 ILCS 25/16 |
from Ch. 111, par. 2316 |
225 ILCS 25/16.1 |
from Ch. 111, par. 2316.1 |
225 ILCS 25/16.2 new |
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225 ILCS 25/19 |
from Ch. 111, par. 2319 |
225 ILCS 25/23 |
from Ch. 111, par. 2323 |
225 ILCS 25/50 |
from Ch. 111, par. 2350 |
225 ILCS 25/54.2 new |
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Amends the Regulatory Sunset Act. Extends the repeal of the Illinois Dental Practice Act to January 1, 2016. Amends the Illinois Dental Practice Act. Defines "titration" and "dental emergency responder". Prohibits the titration of orally administered sedative agents that exceeds the maximum recommended dose. Provides that a dentist shall not be required to maintain a general license in addition to a specialty license. Provides that restricted faculty licenses shall be valid for a period of 3 years, rather than 2 years. Provides that each license issued under the Act shall be valid for 3 years, rather than being set by rule of the Department of Financial and Professional Regulation. Changes continuing education requirements for hours of study. Provides that a surviving spouse or certain other interested parties in an estate may employ, contract with, or otherwise make arrangements for a dentist or dentists to temporarily continue to operate a dental practice under the name of a deceased or incapacitated dentist under certain specified circumstances. Provides that dentists shall be entitled to reasonable reimbursement for the costs of reproducing patient dental records. Provides that a dentist or dental hygienist who is a dental emergency responder acts within the bounds of his or her license when he or she provides care during a declared local, State, or national emergency. Makes other changes. Effective immediately.
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A BILL FOR
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SB0279 |
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LRB094 07052 RAS 37196 b |
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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:
| 9 |
| The Respiratory Care Practice Act.
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| The Hearing Instrument Consumer Protection Act.
| 11 |
| The Illinois Dental Practice Act.
| 12 |
| The Professional Geologist Licensing Act.
| 13 |
| The Illinois Athletic Trainers Practice Act.
| 14 |
| The Barber, Cosmetology, Esthetics, and Nail Technology | 15 |
| Act of 1985.
| 16 |
| The Collection Agency Act.
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| The Illinois Roofing Industry Licensing Act.
| 18 |
| The Illinois Physical Therapy Act.
| 19 |
| (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, 11, 16, 16.1, 19, 23, 24, and 50 and by | 28 |
| adding Sections 8.2, 16.2, 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 or | 11 |
| a specialty license under subsection (b) of Section 11 of this | 12 |
| Act and who may perform any intraoral
and extraoral procedure | 13 |
| required in the practice of dentistry and to whom is
reserved | 14 |
| the responsibilities specified in Section 17.
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| (e) "Dental hygienist" means a person who holds a license | 16 |
| under this Act to
perform dental services as authorized by | 17 |
| Section 18.
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| (f) "Dental assistant" means an appropriately trained | 19 |
| person
who, under the supervision of a dentist, provides dental | 20 |
| services
as authorized by Section 17.
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| (g) "Dental laboratory" means a person, firm or corporation | 22 |
| which:
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| (i) engages in making, providing, repairing or | 24 |
| altering dental
prosthetic appliances and other artificial | 25 |
| materials and devices which are
returned to a dentist for | 26 |
| insertion into the human oral cavity or which
come in | 27 |
| contact with its adjacent structures and tissues; and
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| (ii) utilizes or employs a dental technician to provide | 29 |
| such services; and
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| (iii) performs such functions only for a dentist or | 31 |
| dentists.
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| (h) "Supervision" means supervision of a dental hygienist | 33 |
| or a dental
assistant requiring that a dentist authorize the | 34 |
| procedure, remain in the
dental facility while the procedure is | 35 |
| performed, and approve the work
performed by the dental | 36 |
| hygienist or dental assistant before dismissal of
the patient, |
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| but does not mean that the dentist must be present at all
times | 2 |
| in the treatment room.
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| (i) "General supervision" means supervision of a dental | 4 |
| hygienist
requiring that the patient be a patient of record,
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| that the dentist
examine the patient in accordance with Section | 6 |
| 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 | 8 |
| a notation in the patient's record, but not requiring that a | 9 |
| dentist
be present when the authorized
procedures are being | 10 |
| performed. The
issuance of a prescription to a dental | 11 |
| laboratory by a
dentist does not constitute general | 12 |
| supervision.
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| (j) "Public member" means a person who is not a health | 14 |
| professional.
For purposes of board membership, any person with | 15 |
| a significant financial
interest in a health service or | 16 |
| profession is not a public member.
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| (k) "Dentistry" means the healing art which is concerned | 18 |
| with the
examination, diagnosis, treatment planning and care of | 19 |
| conditions within
the human oral cavity and its adjacent | 20 |
| tissues and structures, as further
specified in Section 17.
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| (l) "Branches of dentistry" means the various specialties | 22 |
| of dentistry
which, for purposes of this Act, shall be limited | 23 |
| to the following:
endodontics, oral and maxillofacial surgery, | 24 |
| 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 | 28 |
| specialty license
pursuant to Section 11(b).
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| (n) "Dental technician" means a person who owns, operates | 30 |
| or is
employed by a dental laboratory and engages in making, | 31 |
| providing, repairing
or altering dental prosthetic appliances | 32 |
| and other artificial materials and
devices which are returned | 33 |
| to a dentist for insertion into the human oral
cavity or which | 34 |
| come in contact with its adjacent structures and tissues.
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| (o) "Impaired dentist" or "impaired dental hygienist" | 36 |
| means a dentist
or dental hygienist who is unable to practice |
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| with
reasonable skill and safety because of a physical or | 2 |
| mental disability as
evidenced by a written determination or | 3 |
| written consent based on clinical
evidence, including | 4 |
| deterioration through the aging process, loss of motor
skills, | 5 |
| abuse of drugs or alcohol, or a psychiatric disorder, of | 6 |
| sufficient
degree to diminish the person's ability to deliver | 7 |
| competent patient care.
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| (p) "Nurse" means a registered professional nurse, a | 9 |
| certified registered
nurse anesthetist licensed as an advanced | 10 |
| practice
nurse, or a licensed practical nurse licensed under | 11 |
| the Nursing and
Advanced Practice Nursing Act.
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| (q) "Patient of record" means a patient for whom the | 13 |
| patient's most recent
dentist has obtained
a
relevant medical | 14 |
| 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) "Titration" means the administration of a drug in small | 17 |
| incremental doses until a desired clinical effect is observed. | 18 |
| (s) "Dental emergency responder" means a dentist or dental | 19 |
| hygienist who is appropriately certified in emergency medical | 20 |
| 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; | 22 |
| 93-821, eff. 7-28-04.)
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| (225 ILCS 25/8.2 new) | 24 |
| Sec. 8.2. Titration of oral sedative agents. Titration of | 25 |
| an orally-administered sedative agent that exceeds the maximum | 26 |
| recommended dose of that agent is a violation of this Act and | 27 |
| may result in disciplinary action by the Department under | 28 |
| Section 23 of this Act.
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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 | 32 |
| have the
authority to issue the following types of licenses:
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| (a) General licenses. The Department shall issue a license | 34 |
| authorizing
practice as a dentist to any person who qualifies |
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| 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 | 6 |
| dentistry at the
time of making application. The Department | 7 |
| shall establish additional
requirements of any dentist who | 8 |
| announces or holds himself or herself out
to the public as a | 9 |
| specialist or as being specially qualified in any
particular | 10 |
| branch of dentistry.
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| The specialty license shall permit the holder of the | 12 |
| license to perform all phases of general dental procedures. The | 13 |
| Department shall require a person seeking licensure under this | 14 |
| subsection to show proof that they have passed either a State | 15 |
| or regional dental board exam required for a general license | 16 |
| under this Act.
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| No dentist shall announce or hold himself or herself out to | 18 |
| the public as
a specialist or as being specially qualified in | 19 |
| any particular branch of
dentistry unless he or she is licensed | 20 |
| to practice in that specialty of
dentistry.
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| The fact that any dentist shall announce by card, | 22 |
| letterhead or any
other form of communication using terms as | 23 |
| "Specialist," "Practice
Limited To" or "Limited to Specialty | 24 |
| of" with the name of the branch of
dentistry practiced as a | 25 |
| specialty, or shall use equivalent words or
phrases to announce | 26 |
| the same, shall be prima facie evidence that the
dentist is | 27 |
| 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 | 30 |
| approved dental school or a hospital situated
in this State, or | 31 |
| persons who wish to pursue programs of specialty
training in | 32 |
| dental public health in public agencies in this State, may
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| receive without examination, in the discretion of the | 34 |
| Department, a
temporary training license. In order to receive a | 35 |
| temporary
training license under this subsection, an applicant | 36 |
| 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 | 2 |
| good moral
character. In determining moral character under | 3 |
| this Section, the
Department may take into consideration | 4 |
| any felony conviction of the
applicant, but such a | 5 |
| conviction shall not operate as bar to licensure;
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| (2) The applicant has been accepted or appointed for | 7 |
| specialty or
residency training by an approved hospital | 8 |
| situated in this State, by an
approved dental school | 9 |
| situated in this State, or by a public health agency
in | 10 |
| this State the training programs of which are recognized | 11 |
| and approved by
the Department. The applicant shall | 12 |
| indicate the beginning and ending
dates of the period for | 13 |
| which he or she has been accepted or appointed;
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| (3) The applicant is a graduate of a dental school or | 15 |
| college approved
and in good standing in the judgment of | 16 |
| the Department.
The Department may consider diplomas or | 17 |
| certifications of education, or both,
accompanied by | 18 |
| transcripts of course work and credits awarded to determine
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| if an applicant has graduated from a dental school or | 20 |
| college approved and
in good standing. The Department may | 21 |
| also consider diplomas or
certifications of education, or | 22 |
| both, accompanied by transcripts of course
work and credits | 23 |
| 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 | 26 |
| shall be valid only for the duration of the period of residency | 27 |
| or
specialty training and may be extended or renewed as | 28 |
| prescribed by rule.
The holder of a valid temporary training | 29 |
| license shall be entitled thereby to
perform acts as may be | 30 |
| prescribed by and incidental to his or her program of
residency | 31 |
| 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 | 36 |
| program of residency
or specialty training, or if the holder |
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| shall fail to supply the
Department, within 10 days of its | 2 |
| request, with information as to his
or her current status and | 3 |
| activities in his or her specialty training program.
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| (d) Restricted faculty licenses.
Persons who have received | 5 |
| full-time appointments to
teach dentistry at an approved dental | 6 |
| school or hospital situated in this
State may receive without | 7 |
| examination, in the discretion of the Department,
a restricted | 8 |
| faculty license. In order to
receive a restricted faculty | 9 |
| license an applicant shall furnish satisfactory
proof to the | 10 |
| Department that:
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| (1) The applicant is at least 21 years of age, is of | 12 |
| good moral
character and is licensed to
practice dentistry | 13 |
| 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 | 16 |
| in this State.
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| Restricted faculty licenses issued under
this Section | 18 |
| 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 | 20 |
| perform acts as may
be required by his or her teaching of | 21 |
| dentistry.
In addition, the holder of a restricted faculty | 22 |
| license may practice general
dentistry or in his or her area of | 23 |
| specialty, but only in a clinic or office
affiliated with the | 24 |
| dental school. Any restricted faculty license issued to a
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| faculty member under this Section shall terminate immediately | 26 |
| and
automatically,
without any further action by the | 27 |
| Department, if the holder ceases to be a
faculty member at an | 28 |
| approved dental school or hospital in this State.
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| The Department may revoke a restricted faculty license for | 30 |
| 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 | 32 |
| information as
to his current status and activities in his | 33 |
| teaching program.
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| (e) Inactive status. Any person who holds one of the | 35 |
| licenses
under subsection (a) or (b) of Section 11 or under | 36 |
| Section 12 of this Act may
elect, upon payment of
the required |
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| fee, to place his or her license on an inactive status and | 2 |
| shall,
subject to the rules of the
Department, be excused from | 3 |
| the payment of renewal fees until he or she
notifies the | 4 |
| Department in writing of his or her desire to resume active
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| status.
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| Any licensee requesting restoration from inactive status | 7 |
| shall be
required to pay the current renewal fee and upon | 8 |
| payment the Department
shall be required to restore his or her | 9 |
| license, as provided in Section 16 of
this Act.
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| Any licensee whose license is in an
inactive status shall | 11 |
| not practice in the State of Illinois.
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| (f) Certificates of Identification. In addition to the | 13 |
| licenses
authorized by this Section, the Department shall | 14 |
| deliver to each dentist a
certificate of identification in a | 15 |
| 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)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 16. Expiration, renewal and restoration of licenses. A
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| The expiration
date and renewal period for each license issued | 21 |
| under this Act shall be valid for a period of 3 years and may be | 22 |
| renewed for additional 3-year periods
be set by
rule . A dentist | 23 |
| or dental hygienist may renew a license during the month
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| preceding its expiration date by paying the required fee. A | 25 |
| dental hygienist
shall provide proof of current | 26 |
| cardiopulmonary resuscitation certification at
the time of | 27 |
| renewal.
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| Any dentist or dental hygienist whose license has expired | 29 |
| or whose license is
on inactive status may have his license | 30 |
| restored at any time within 5 years
after the expiration | 31 |
| thereof, upon payment of the required fee.
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| Any person whose license has been expired for more than 5 | 33 |
| years or who has
had his license on inactive status for more | 34 |
| than 5 years may have his license
restored by making | 35 |
| application to the Department and filing proof acceptable to
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SB0279 |
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LRB094 07052 RAS 37196 b |
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| the Department of his fitness to have license restored, | 2 |
| including sworn
evidence certifying to active practice in | 3 |
| another jurisdiction, and by paying
the required restoration | 4 |
| fee. A person practicing on an expired license is
deemed to be | 5 |
| practicing without a license. However, a holder of a license | 6 |
| may also renew the license within 90 days after its expiration | 7 |
| by complying with the requirements for renewal and payment of | 8 |
| an additional fee. A license renewal within 90 days after | 9 |
| expiration shall be effective retroactively to the expiration | 10 |
| date.
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| If a person whose license has expired or who has had his | 12 |
| license on inactive
status for more than 5 years has not | 13 |
| maintained an active practice satisfactory
to the department, | 14 |
| the Department shall determine, by
an evaluation process | 15 |
| established by rule, his or her fitness to resume
active status | 16 |
| and may require the person to complete a period of evaluated
| 17 |
| clinical experience and may require successful completion of a | 18 |
| practical
examination.
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| However, any person whose license has
expired while he has | 20 |
| been engaged (1) in federal or state service active
duty, or | 21 |
| (2) in training or education under the supervision of the | 22 |
| United
States preliminary to induction into the military | 23 |
| service, may have his
license restored without paying any | 24 |
| lapsed
renewal or restoration fee, if within 2 years after | 25 |
| termination of such
service, training or education other than | 26 |
| by dishonorable discharge, he
furnishes the Department with | 27 |
| satisfactory proof that he has been so
engaged and that his | 28 |
| 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)
| 31 |
| (Section scheduled to be repealed on January 1, 2006)
| 32 |
| Sec. 16.1. Continuing education. The Department shall | 33 |
| promulgate
rules of continuing education for persons licensed | 34 |
| under
this Act. In establishing rules, the Department shall | 35 |
| require a minimum of
48
32 hours of study in approved courses |
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SB0279 |
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LRB094 07052 RAS 37196 b |
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| for dentists during each 3-year
2 year
licensing period and a | 2 |
| minimum of 36
24 hours of study in approved courses for
dental | 3 |
| hygienists during each 3-year
2 year licensing period. These | 4 |
| continuing
education rules shall only apply to licenses renewed | 5 |
| after November 1, 1992.
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| The Department shall approve only courses that are relevant | 7 |
| to the
treatment and care of patients, including, but not | 8 |
| limited to, clinical
courses in dentistry and dental hygiene | 9 |
| and nonclinical courses such as
patient management, legal and | 10 |
| ethical responsibilities, and stress
management. Courses shall | 11 |
| not be approved in such subjects as estate and
financial | 12 |
| planning, investments, or personal health. Approved courses | 13 |
| may
include, but shall not be limited to, courses that are | 14 |
| offered or sponsored
by approved colleges, universities, and | 15 |
| hospitals and by recognized
national, State, and local dental | 16 |
| and dental hygiene organizations.
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| No license shall be renewed unless the
renewal application | 18 |
| is accompanied by an affidavit indicating that the
applicant | 19 |
| has completed the required minimum number of hours of | 20 |
| continuing
education in approved courses as required by this | 21 |
| Section.
The affidavit shall not require a listing of courses. | 22 |
| The affidavit
shall be a prima facie evidence that the | 23 |
| applicant has obtained the minimum
number of required | 24 |
| continuing education hours in approved courses. The
Department | 25 |
| shall not be obligated to conduct random
audits or otherwise | 26 |
| independently verify that an applicant has met the
continuing | 27 |
| education requirement.
The Department, however, may not | 28 |
| conduct random audits
of more than 10% of the licensed
dentists | 29 |
| and dental hygienists in any one licensing cycle
to verify | 30 |
| compliance
with continuing education requirements.
If the | 31 |
| Department, however, receives a
complaint that a licensee has | 32 |
| not completed the required continuing
education or if the | 33 |
| Department is investigating another alleged violation
of this | 34 |
| Act by a licensee, the Department may demand and shall be | 35 |
| entitled
to receive evidence from any licensee of completion of | 36 |
| required
continuing education courses for the most recently |
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SB0279 |
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LRB094 07052 RAS 37196 b |
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| completed 3-year
2 year
licensing period.
Evidence of | 2 |
| continuing education may include, but is not limited to, | 3 |
| canceled
checks, official verification forms of attendance, | 4 |
| and continuing education
recording forms, that demonstrate a | 5 |
| reasonable record of attendance. The
Illinois State Board of
| 6 |
| Dentistry shall determine, in accordance with rules adopted by | 7 |
| the
Department,
whether a licensee or applicant has met the | 8 |
| continuing education
requirements.
Any dentist who holds more | 9 |
| than one license under this
Act shall be required to complete
| 10 |
| only the minimum number of hours of continuing education | 11 |
| required for
renewal of a single license. The Department may | 12 |
| provide exemptions from
continuing education requirements. The | 13 |
| exemptions shall include, but shall
not be limited to, dentists | 14 |
| and dental hygienists who agree not to practice
within the | 15 |
| State during the licensing period because they are retired from
| 16 |
| practice.
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| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544, | 18 |
| eff.
1-1-98.)
| 19 |
| (225 ILCS 25/16.2 new)
| 20 |
| Sec. 16.2. Continued operation of dental practice upon | 21 |
| death or incapacitation of dentist. A surviving spouse, | 22 |
| personal representative of an estate, heir, legatee, guardian, | 23 |
| trustee, or person operating under a durable power-of-attorney | 24 |
| may employ, contract with, or otherwise make arrangements for a | 25 |
| dentist or dentists licensed under this Act to continue to | 26 |
| operate a dental practice under the name of a deceased or | 27 |
| incapacitated dentist for a period of one year and, upon a | 28 |
| showing of exceptional hardship or extenuating circumstance, | 29 |
| may seek an additional extension from the Board.
| 30 |
| (225 ILCS 25/19) (from Ch. 111, par. 2319)
| 31 |
| (Section scheduled to be repealed on January 1, 2006)
| 32 |
| Sec. 19. Licensing Applicants from other States. Any person | 33 |
| who has
been lawfully licensed to practice dentistry , including | 34 |
| the practice of a licensed dental specialty, or dental hygiene |
|
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| in
another state or territory
which has and maintains a | 2 |
| standard for the practice of dentistry , a dental specialty, or | 3 |
| dental
hygiene at least equal to that now maintained in this | 4 |
| State, or if the
requirements for licensure in such state or | 5 |
| territory in which the
applicant was licensed were, at the date | 6 |
| of his licensure, substantially
equivalent to the requirements | 7 |
| then in force in this State, and who has
been lawfully engaged | 8 |
| in
the practice of dentistry or dental hygiene for at least 3 | 9 |
| of the 5 years
immediately preceding the filing of his or her | 10 |
| application
to practice in this State
and who shall deposit | 11 |
| with the Department a duly attested certificate from
the Board | 12 |
| of the state or territory in which he or she is licensed,
| 13 |
| certifying to the fact of his or her licensing and of his or | 14 |
| her being a
person of good moral character may, upon payment of | 15 |
| the required fee, be
granted a license to practice dentistry , a | 16 |
| dental specialty, or dental hygiene in this State, as the case | 17 |
| may be.
| 18 |
| For the purposes of this Section, in computing 3 of the | 19 |
| immediately
preceding 5 years of
practice in another state or | 20 |
| territory, any person who left the practice
of dentistry to | 21 |
| enter the military service and who practiced dentistry
while in | 22 |
| the military service may count as a part of such period the
| 23 |
| time spent by him in such service.
| 24 |
| Applicants have 3 years from the date of application to | 25 |
| complete the
application process. If the process has not been | 26 |
| completed in 3 years,
the application shall be denied, the fee | 27 |
| forfeited and the
applicant must reapply and meet the | 28 |
| requirements in effect at the time of
reapplication.
| 29 |
| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| 30 |
| (225 ILCS 25/23) (from Ch. 111, par. 2323)
| 31 |
| (Section scheduled to be repealed on January 1, 2006)
| 32 |
| Sec. 23. Refusal, revocation or suspension of dental | 33 |
| licenses. The
Department may refuse to issue or renew, or may | 34 |
| revoke, suspend, place on
probation, reprimand or take other | 35 |
| disciplinary action as the Department
may deem proper, |
|
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| including fines not to exceed $10,000 per violation, with
| 2 |
| regard to any license for any one or any combination of
the | 3 |
| following causes:
| 4 |
| 1. Fraud in procuring the license.
| 5 |
| 2. Habitual intoxication or addiction to the use of drugs.
| 6 |
| 3. Wilful or repeated violations of the rules of the | 7 |
| Department of
Public Health or Department of Nuclear Safety.
| 8 |
| 4. Acceptance of a fee for service as a witness, without | 9 |
| the
knowledge of the court, in addition to the fee allowed by | 10 |
| the court.
| 11 |
| 5. Division of fees or agreeing to split or divide the fees | 12 |
| received
for dental services with any person for bringing or | 13 |
| referring a patient,
except in regard to referral services as | 14 |
| provided for under Section 45,
or assisting in the care or | 15 |
| treatment of a patient,
without the
knowledge of the patient or | 16 |
| his legal representative.
| 17 |
| 6. Employing, procuring, inducing, aiding or abetting a | 18 |
| person not
licensed or registered as a dentist to engage in the | 19 |
| practice of
dentistry. The person practiced upon is not an | 20 |
| accomplice, employer,
procurer, inducer, aider, or abetter | 21 |
| within the meaning of this Act.
| 22 |
| 7. Making any misrepresentations or false promises, | 23 |
| directly or
indirectly, to influence, persuade or induce dental | 24 |
| patronage.
| 25 |
| 8. Professional connection or association with or lending | 26 |
| his name
to another for the illegal practice of dentistry by | 27 |
| another, or
professional connection or association with any | 28 |
| person, firm or
corporation holding himself, herself, | 29 |
| themselves, or itself out in any manner
contrary to this Act.
| 30 |
| 9. Obtaining or seeking to obtain practice, money, or any | 31 |
| other
things of value by false or fraudulent representations, | 32 |
| but
not limited to, engaging in such fraudulent practice to | 33 |
| defraud the
medical assistance program of the Department of | 34 |
| Public Aid.
| 35 |
| 10. Practicing under a name other than his or her own.
| 36 |
| 11. Engaging in dishonorable,
unethical, or unprofessional |
|
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| conduct of a character likely to deceive,
defraud, or harm the | 2 |
| public.
| 3 |
| 12. Conviction in this or another State of any crime which | 4 |
| is a
felony under the laws of this State or conviction of a | 5 |
| felony in a
federal court, conviction of a misdemeanor, an | 6 |
| essential element of which
is dishonesty, or conviction of any | 7 |
| crime which is directly related to the
practice of dentistry or | 8 |
| dental hygiene.
| 9 |
| 13. Permitting a dental hygienist, dental assistant or | 10 |
| other person
under his or her supervision to perform
any | 11 |
| operation not authorized by this Act.
| 12 |
| 14. Permitting more than 4 dental hygienists to be employed | 13 |
| under
his supervision at any one time.
| 14 |
| 15. A violation of any provision of this
Act or any rules | 15 |
| promulgated under this Act.
| 16 |
| 16. Taking impressions for or using the services of any | 17 |
| person, firm
or corporation violating this Act.
| 18 |
| 17. Violating any provision of Section 45 relating to | 19 |
| advertising.
| 20 |
| 18. Discipline by another U.S. jurisdiction or foreign | 21 |
| nation,
if at least one of the grounds for the discipline is | 22 |
| the
same or substantially equivalent to those set forth within | 23 |
| this Act.
| 24 |
| 19. Willfully failing to report an instance of suspected | 25 |
| child abuse or
neglect as required by the Abused and Neglected | 26 |
| Child Reporting
Act.
| 27 |
| 20. Gross or repeated malpractice resulting in injury or | 28 |
| death of a patient.
| 29 |
| 21. The use or prescription for use of narcotics or | 30 |
| controlled substances
or designated products as listed in the | 31 |
| Illinois Controlled Substances
Act, in any way other than for | 32 |
| therapeutic purposes.
| 33 |
| 22. Willfully making or filing false records or reports in | 34 |
| his practice
as a dentist, including, but not limited to, false | 35 |
| records to support claims
against the dental assistance program | 36 |
| of the Illinois Department of Public
Aid.
|
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| 23. Professional incompetence as manifested by poor | 2 |
| standards of care.
| 3 |
| 24. Physical or mental illness, including, but not limited | 4 |
| to,
deterioration
through
the aging process, or loss of motor | 5 |
| skills which results in a dentist's
inability to practice | 6 |
| dentistry with reasonable judgment, skill or safety. In
| 7 |
| enforcing this paragraph, the Department may compel a person | 8 |
| licensed to
practice under this Act to submit to a mental or | 9 |
| physical examination pursuant
to the terms and conditions of | 10 |
| Section 23b.
| 11 |
| 25. Repeated irregularities in billing a third party for | 12 |
| services rendered
to a patient. For purposes of this paragraph | 13 |
| 25, "irregularities in billing"
shall include:
| 14 |
| (a) Reporting excessive charges for the purpose of | 15 |
| obtaining a total
payment
in excess of that usually | 16 |
| received by the dentist for the services rendered.
| 17 |
| (b) Reporting charges for services not rendered.
| 18 |
| (c) Incorrectly reporting services rendered for the | 19 |
| purpose of obtaining
payment not earned.
| 20 |
| 26. Continuing the active practice of dentistry while | 21 |
| knowingly having
any infectious, communicable, or contagious | 22 |
| disease proscribed by rule or
regulation of the Department.
| 23 |
| 27. Being named as a perpetrator in an indicated report by | 24 |
| the
Department of Children and Family Services pursuant to the | 25 |
| Abused and
Neglected Child Reporting Act, and upon
proof by | 26 |
| clear and convincing evidence that the licensee has
caused a | 27 |
| child to be an abused child or neglected child as defined in | 28 |
| the
Abused and Neglected Child Reporting Act.
| 29 |
| 28. Violating the Health Care Worker Self-Referral Act.
| 30 |
| 29. Abandonment of a patient.
| 31 |
| 30. Mental incompetency as declared by a court of competent
| 32 |
| jurisdiction. | 33 |
| 31. Violating Section 8.2 of this Act relating to titration | 34 |
| of oral sedative agents.
| 35 |
| All proceedings to suspend, revoke, place on probationary | 36 |
| status, or
take any other disciplinary action as the Department |
|
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| may deem proper, with
regard to a license on any of the | 2 |
| foregoing grounds, must be commenced
within 3 years after | 3 |
| receipt by the Department of a complaint alleging the
| 4 |
| commission of or notice of the conviction order for any of the | 5 |
| acts
described herein. Except for fraud in procuring a license, | 6 |
| no
action shall be commenced more than 5 years after the date | 7 |
| of the incident
or act alleged to have violated this Section. | 8 |
| The time during which the
holder of the license was outside the | 9 |
| State of Illinois shall not be
included within any period of | 10 |
| time limiting the commencement of
disciplinary action by the | 11 |
| Department.
| 12 |
| The Department may refuse to issue or may suspend the | 13 |
| license of any
person who fails to file a return, or to pay the | 14 |
| tax, penalty or interest
shown in a filed return, or to pay any | 15 |
| final assessment of tax, penalty or
interest, as required by | 16 |
| any tax Act administered by the Illinois
Department of Revenue, | 17 |
| until such time as the requirements of
any such tax Act are | 18 |
| satisfied.
| 19 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01.)
| 20 |
| (225 ILCS 25/50) (from Ch. 111, par. 2350)
| 21 |
| (Section scheduled to be repealed on January 1, 2006)
| 22 |
| Sec. 50. Patient Records. Every dentist shall make
a record | 23 |
| of all dental work performed for each patient. The record shall
| 24 |
| be made in a manner and in sufficient detail that it may be | 25 |
| used for
identification purposes.
| 26 |
| Dental records required by this Section shall be maintained | 27 |
| for 10 years.
Dental records required to be maintained under | 28 |
| this Section, or copies
of those dental records, shall be made | 29 |
| available upon request to the
patient or the patient's | 30 |
| guardian . A dentist shall be entitled to reasonable | 31 |
| reimbursement for the cost of reproducing these records, which | 32 |
| shall not exceed the cost allowed by the Code of Civil | 33 |
| Procedure
, provided that the reasonable cost of
reproducing | 34 |
| the records has been paid by the patient or the patient's
| 35 |
| guardian .
|
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| 1 |
| (Source: P.A. 87-576.)
| 2 |
| (225 ILCS 25/54.2 new)
| 3 |
| Sec. 54.2. Dental emergency responders. A dentist or dental | 4 |
| hygienist who is a dental emergency responder is deemed to be | 5 |
| acting within the bounds of his or her license when providing | 6 |
| care during a declared local, State, or national emergency.
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|