Full Text of SB0279 94th General Assembly
SB0279eng 94TH GENERAL ASSEMBLY
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SB0279 Engrossed |
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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 Acts repealed January 1, 2006.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| Acts are repealed January 1, 2006:
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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 Act repealed on January 1, 2016.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| Act is repealed on January 1, 2016: | 25 |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, 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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| 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
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| 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)
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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 | 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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| 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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| 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.)
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| (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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|
| 1 |
| 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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| 1 |
| 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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|
| 1 |
| 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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|
| 1 |
| 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 the | 34 |
| records has been paid by the patient or the patient's
guardian .
| 35 |
| (Source: P.A. 87-576.)
|
|
|
|
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|
| 1 |
| (225 ILCS 25/54.2 new)
| 2 |
| Sec. 54.2. Dental emergency responders. A dentist or dental | 3 |
| hygienist who is a dental emergency responder is deemed to be | 4 |
| acting within the bounds of his or her license when providing | 5 |
| care during a declared local, State, or national emergency.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|