Full Text of HB0500 99th General Assembly
HB0500enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.26 and by adding Section 4.36 as follows: | 6 | | (5 ILCS 80/4.26)
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.
| 10 | | The Illinois Roofing Industry Licensing Act.
| 11 | | The Illinois Dental Practice Act.
| 12 | | The Collection Agency Act.
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 14 | | Nail Technology Act of 1985.
| 15 | | The Respiratory Care Practice Act.
| 16 | | The Hearing Instrument Consumer Protection Act.
| 17 | | The Illinois Physical Therapy Act.
| 18 | | The Professional Geologist Licensing Act. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 20 | | 96-1246, eff. 1-1-11.) | 21 | | (5 ILCS 80/4.36 new) | 22 | | Sec. 4.36. Act repealed on January 1, 2026. The following |
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| 1 | | Act is repealed on January 1, 2026: | 2 | | The Illinois Dental Practice Act. | 3 | | Section 10. The Illinois Dental Practice Act is amended by | 4 | | changing Sections 4, 6, 8.5, 16.1, 17, 18, 23, 24, 25, 26, 29, | 5 | | 30, 41, and 50 and by adding Section 18.1 as follows:
| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 7 | | (Text of Section before amendment by P.A. 99-25 )
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 4. Definitions. As used in this Act:
| 10 | | "Address of record" means the designated address recorded | 11 | | by the Department in the applicant's or licensee's application | 12 | | file or license file as maintained by the Department's | 13 | | licensure maintenance unit. It is the duty of the applicant or | 14 | | licensee to inform the Department of any change of address and | 15 | | those changes must be made either through the Department's | 16 | | website or by contacting the Department. | 17 | | "Department" means the Department of Financial and | 18 | | Professional Regulation.
| 19 | | "Secretary" means the Secretary of Financial and | 20 | | Professional Regulation.
| 21 | | "Board" means the Board of Dentistry.
| 22 | | "Dentist" means a person who has received a general license | 23 | | pursuant
to paragraph (a) of Section 11 of this Act and who may | 24 | | perform any intraoral
and extraoral procedure required in the |
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| 1 | | practice of dentistry and to whom is
reserved the | 2 | | responsibilities specified in Section 17.
| 3 | | "Dental hygienist" means a person who holds a license under | 4 | | this Act to
perform dental services as authorized by Section | 5 | | 18.
| 6 | | "Dental assistant" means an appropriately trained person
| 7 | | who, under the supervision of a dentist, provides dental | 8 | | services
as authorized by Section 17.
| 9 | | "Dental laboratory" means a person, firm or corporation | 10 | | which:
| 11 | | (i) engages in making, providing, repairing or | 12 | | altering dental
prosthetic appliances and other artificial | 13 | | materials and devices which are
returned to a dentist for | 14 | | insertion into the human oral cavity or which
come in | 15 | | contact with its adjacent structures and tissues; and
| 16 | | (ii) utilizes or employs a dental technician to provide | 17 | | such services; and
| 18 | | (iii) performs such functions only for a dentist or | 19 | | dentists.
| 20 | | "Supervision" means supervision of a dental hygienist or a | 21 | | dental
assistant requiring that a dentist authorize the | 22 | | procedure, remain in the
dental facility while the procedure is | 23 | | performed, and approve the work
performed by the dental | 24 | | hygienist or dental assistant before dismissal of
the patient, | 25 | | but does not mean that the dentist must be present at all
times | 26 | | in the treatment room.
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| 1 | | "General supervision" means supervision of a dental | 2 | | hygienist
requiring that the patient be a patient of record,
| 3 | | that the dentist
examine the patient in accordance with Section | 4 | | 18 prior to treatment by the
dental hygienist, and that the
| 5 | | dentist authorize the procedures which
are being carried
out by | 6 | | a notation in the patient's record, but not requiring that a | 7 | | dentist
be present when the authorized
procedures are being | 8 | | performed. The
issuance of a prescription to a dental | 9 | | laboratory by a
dentist does not constitute general | 10 | | supervision.
| 11 | | "Public member" means a person who is not a health | 12 | | professional.
For purposes of board membership, any person with | 13 | | a significant financial
interest in a health service or | 14 | | profession is not a public member.
| 15 | | "Dentistry" means the healing art which is concerned with | 16 | | the
examination, diagnosis, treatment planning and care of | 17 | | conditions within
the human oral cavity and its adjacent | 18 | | tissues and structures, as further
specified in Section 17.
| 19 | | "Branches of dentistry" means the various specialties of | 20 | | dentistry
which, for purposes of this Act, shall be limited to | 21 | | the following:
endodontics, oral and maxillofacial surgery, | 22 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 23 | | periodontics, prosthodontics, and oral and maxillofacial
| 24 | | radiology.
| 25 | | "Specialist" means a dentist who has received a specialty | 26 | | license
pursuant to Section 11(b).
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| 1 | | "Dental technician" means a person who owns, operates or is
| 2 | | employed by a dental laboratory and engages in making, | 3 | | providing, repairing
or altering dental prosthetic appliances | 4 | | and other artificial materials and
devices which are returned | 5 | | to a dentist for insertion into the human oral
cavity or which | 6 | | come in contact with its adjacent structures and tissues.
| 7 | | "Impaired dentist" or "impaired dental hygienist" means a | 8 | | dentist
or dental hygienist who is unable to practice with
| 9 | | reasonable skill and safety because of a physical or mental | 10 | | disability as
evidenced by a written determination or written | 11 | | consent based on clinical
evidence, including deterioration | 12 | | through the aging process, loss of motor
skills, abuse of drugs | 13 | | or alcohol, or a psychiatric disorder, of sufficient
degree to | 14 | | diminish the person's ability to deliver competent patient | 15 | | care.
| 16 | | "Nurse" means a registered professional nurse, a certified | 17 | | registered
nurse anesthetist licensed as an advanced practice
| 18 | | nurse, or a licensed practical nurse licensed under the Nurse | 19 | | Practice Act.
| 20 | | "Patient of record" means a patient for whom the patient's | 21 | | most recent
dentist has obtained
a
relevant medical and dental | 22 | | history and on whom the dentist has performed an
examination | 23 | | and evaluated the condition to be treated.
| 24 | | "Dental emergency responder" means a dentist or dental | 25 | | hygienist who is appropriately certified in emergency medical | 26 | | response, as defined by the Department of Public Health.
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| 1 | | "Mobile dental van or portable dental unit" means any | 2 | | self-contained or portable dental unit in which dentistry is | 3 | | practiced that can be moved, towed, or transported from one | 4 | | location to another in order to establish a location where | 5 | | dental services can be provided. | 6 | | "Public health dental hygienist" means a hygienist who | 7 | | holds a valid license to practice in the State, has 2 years of | 8 | | full-time clinical experience or an equivalent of 4,000 hours | 9 | | of clinical experience and has completed 72 hours of additional | 10 | | course work in areas specific to public health dentistry, | 11 | | including, but not limited to, emergency procedures for | 12 | | medically compromised patients, pharmacology, medical | 13 | | recordkeeping procedures, geriatric dentistry, pediatric | 14 | | dentistry, and pathology, and works in a public health setting | 15 | | pursuant to a written public health supervision agreement as | 16 | | defined by rule by the Department with a dentist working in or | 17 | | contracted with a local or State government agency or | 18 | | institution or who is providing services as part of a certified | 19 | | school-based program or school-based oral health program. | 20 | | "Public health setting" means a federally qualified health | 21 | | center; a federal, State, or local public health facility; Head | 22 | | Start; a special supplemental nutrition program for Women, | 23 | | Infants, and Children (WIC) facility; or a certified | 24 | | school-based health center or school-based oral health | 25 | | program. | 26 | | "Public health supervision" means the supervision of a |
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| 1 | | public health dental hygienist by a licensed dentist who has a | 2 | | written public health supervision agreement with that public | 3 | | health dental hygienist while working in an approved facility | 4 | | or program that allows the public health dental hygienist to | 5 | | treat patients, without a dentist first examining the patient | 6 | | and being present in the facility during treatment, (1) who are | 7 | | eligible for Medicaid or (2) who are uninsured and whose | 8 | | household income is not greater than 200% of the federal | 9 | | poverty level. | 10 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| 11 | | (Text of Section after amendment by P.A. 99-25 )
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 4. Definitions. As used in this Act:
| 14 | | "Address of record" means the designated address recorded | 15 | | by the Department in the applicant's or licensee's application | 16 | | file or license file as maintained by the Department's | 17 | | licensure maintenance unit. It is the duty of the applicant or | 18 | | licensee to inform the Department of any change of address and | 19 | | those changes must be made either through the Department's | 20 | | website or by contacting the Department. | 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation.
| 23 | | "Secretary" means the Secretary of Financial and | 24 | | Professional Regulation.
| 25 | | "Board" means the Board of Dentistry.
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| 1 | | "Dentist" means a person who has received a general license | 2 | | pursuant
to paragraph (a) of Section 11 of this Act and who may | 3 | | perform any intraoral
and extraoral procedure required in the | 4 | | practice of dentistry and to whom is
reserved the | 5 | | responsibilities specified in Section 17.
| 6 | | "Dental hygienist" means a person who holds a license under | 7 | | this Act to
perform dental services as authorized by Section | 8 | | 18.
| 9 | | "Dental assistant" means an appropriately trained person
| 10 | | who, under the supervision of a dentist, provides dental | 11 | | services
as authorized by Section 17.
| 12 | | "Dental laboratory" means a person, firm or corporation | 13 | | which:
| 14 | | (i) engages in making, providing, repairing or | 15 | | altering dental
prosthetic appliances and other artificial | 16 | | materials and devices which are
returned to a dentist for | 17 | | insertion into the human oral cavity or which
come in | 18 | | contact with its adjacent structures and tissues; and
| 19 | | (ii) utilizes or employs a dental technician to provide | 20 | | such services; and
| 21 | | (iii) performs such functions only for a dentist or | 22 | | dentists.
| 23 | | "Supervision" means supervision of a dental hygienist or a | 24 | | dental
assistant requiring that a dentist authorize the | 25 | | procedure, remain in the
dental facility while the procedure is | 26 | | performed, and approve the work
performed by the dental |
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| 1 | | hygienist or dental assistant before dismissal of
the patient, | 2 | | but does not mean that the dentist must be present at all
times | 3 | | in the treatment room.
| 4 | | "General supervision" means supervision of a dental | 5 | | hygienist
requiring that the patient be a patient of record,
| 6 | | that the dentist
examine the patient in accordance with Section | 7 | | 18 prior to treatment by the
dental hygienist, and that the
| 8 | | dentist authorize the procedures which
are being carried
out by | 9 | | a notation in the patient's record, but not requiring that a | 10 | | dentist
be present when the authorized
procedures are being | 11 | | performed. The
issuance of a prescription to a dental | 12 | | laboratory by a
dentist does not constitute general | 13 | | supervision.
| 14 | | "Public member" means a person who is not a health | 15 | | professional.
For purposes of board membership, any person with | 16 | | a significant financial
interest in a health service or | 17 | | profession is not a public member.
| 18 | | "Dentistry" means the healing art which is concerned with | 19 | | the
examination, diagnosis, treatment planning and care of | 20 | | conditions within
the human oral cavity and its adjacent | 21 | | tissues and structures, as further
specified in Section 17.
| 22 | | "Branches of dentistry" means the various specialties of | 23 | | dentistry
which, for purposes of this Act, shall be limited to | 24 | | the following:
endodontics, oral and maxillofacial surgery, | 25 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 26 | | periodontics, prosthodontics, and oral and maxillofacial
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| 1 | | radiology.
| 2 | | "Specialist" means a dentist who has received a specialty | 3 | | license
pursuant to Section 11(b).
| 4 | | "Dental technician" means a person who owns, operates or is
| 5 | | employed by a dental laboratory and engages in making, | 6 | | providing, repairing
or altering dental prosthetic appliances | 7 | | and other artificial materials and
devices which are returned | 8 | | to a dentist for insertion into the human oral
cavity or which | 9 | | come in contact with its adjacent structures and tissues.
| 10 | | "Impaired dentist" or "impaired dental hygienist" means a | 11 | | dentist
or dental hygienist who is unable to practice with
| 12 | | reasonable skill and safety because of a physical or mental | 13 | | disability as
evidenced by a written determination or written | 14 | | consent based on clinical
evidence, including deterioration | 15 | | through the aging process, loss of motor
skills, abuse of drugs | 16 | | or alcohol, or a psychiatric disorder, of sufficient
degree to | 17 | | diminish the person's ability to deliver competent patient | 18 | | care.
| 19 | | "Nurse" means a registered professional nurse, a certified | 20 | | registered
nurse anesthetist licensed as an advanced practice
| 21 | | nurse, or a licensed practical nurse licensed under the Nurse | 22 | | Practice Act.
| 23 | | "Patient of record" means a patient for whom the patient's | 24 | | most recent
dentist has obtained
a
relevant medical and dental | 25 | | history and on whom the dentist has performed an
examination | 26 | | and evaluated the condition to be treated.
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| 1 | | "Dental responder" means a dentist or dental hygienist who | 2 | | is appropriately certified in disaster preparedness, | 3 | | immunizations, and dental humanitarian medical response | 4 | | consistent with the Society of Disaster Medicine and Public | 5 | | Health and training certified by the National Incident | 6 | | Management System or the National Disaster Life Support | 7 | | Foundation.
| 8 | | "Mobile dental van or portable dental unit" means any | 9 | | self-contained or portable dental unit in which dentistry is | 10 | | practiced that can be moved, towed, or transported from one | 11 | | location to another in order to establish a location where | 12 | | dental services can be provided. | 13 | | "Public health dental hygienist" means a hygienist who | 14 | | holds a valid license to practice in the State, has 2 years of | 15 | | full-time clinical experience or an equivalent of 4,000 hours | 16 | | of clinical experience and has completed 72 hours of additional | 17 | | course work in areas specific to public health dentistry, | 18 | | including, but not limited to, emergency procedures for | 19 | | medically compromised patients, pharmacology, medical | 20 | | recordkeeping procedures, geriatric dentistry, pediatric | 21 | | dentistry, and pathology, and works in a public health setting | 22 | | pursuant to a written public health supervision agreement as | 23 | | defined by rule by the Department with a dentist working in or | 24 | | contracted with a local or State government agency or | 25 | | institution or who is providing services as part of a certified | 26 | | school-based program or school-based oral health program. |
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| 1 | | "Public health setting" means a federally qualified health | 2 | | center; a federal, State, or local public health facility; Head | 3 | | Start; a special supplemental nutrition program for Women, | 4 | | Infants, and Children (WIC) facility; or a certified | 5 | | school-based health center or school-based oral health | 6 | | program. | 7 | | "Public health supervision" means the supervision of a | 8 | | public health dental hygienist by a licensed dentist who has a | 9 | | written public health supervision agreement with that public | 10 | | health dental hygienist while working in an approved facility | 11 | | or program that allows the public health dental hygienist to | 12 | | treat patients, without a dentist first examining the patient | 13 | | and being present in the facility during treatment, (1) who are | 14 | | eligible for Medicaid or (2) who are uninsured and whose | 15 | | household income is not greater than 200% of the federal | 16 | | poverty level. | 17 | | (Source: P.A. 99-25, eff. 1-1-16.)
| 18 | | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 6. Board of Dentistry - Report By Majority Required. | 21 | | There
is created a Board of Dentistry, to be composed of | 22 | | persons designated from
time to time by the Secretary, as | 23 | | follows:
| 24 | | Eleven persons, 8 of whom have been dentists for a period | 25 | | of 5
years or
more; 2 of whom have been dental hygienists
for a |
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| 1 | | period of 5 years or more, and one public member.
None of the | 2 | | members shall be an officer, dean, assistant dean, or associate
| 3 | | dean of a
dental college or dental department of an institute | 4 | | of learning, nor shall any
member be
the program director of | 5 | | any dental hygiene program. A board member who holds a
faculty | 6 | | position in a dental school or dental hygiene program shall not
| 7 | | participate in the
examination of applicants for licenses from | 8 | | that school or program. The
dental
hygienists shall not | 9 | | participate in the examination of
applicants for licenses
to | 10 | | practice dentistry. The public member shall not participate in | 11 | | the
examination of applicants for licenses to
practice | 12 | | dentistry or dental
hygiene. The board shall annually elect a | 13 | | chairman and vice-chairman who shall be dentists a dentist .
| 14 | | Terms for all members shall be for 4 years. Partial terms | 15 | | over 2 years
in length shall be considered as full terms. A | 16 | | member may be reappointed
for a successive term, but no member | 17 | | shall serve more than 2 full terms in
his or her lifetime.
| 18 | | The membership of the Board shall include only residents | 19 | | from various
geographic areas of this State and shall include | 20 | | at least some graduates
from various institutions of dental | 21 | | education in this State.
| 22 | | In making appointments to the Board the Secretary shall | 23 | | give due
consideration to recommendations by organizations of | 24 | | the dental profession
in Illinois, including the Illinois State | 25 | | Dental Society and Illinois
Dental Hygienists Association, and | 26 | | shall promptly give due notice to
such organizations of any |
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| 1 | | vacancy in the membership of the Board.
The Secretary may | 2 | | terminate the appointment of any member for cause which in
the | 3 | | opinion of the Secretary reasonably justifies such | 4 | | termination.
| 5 | | A vacancy in the membership of the Board
shall not impair | 6 | | the right of a quorum to exercise all the rights
and perform | 7 | | all the duties of the Board.
Any action to be taken by the | 8 | | Board under this Act may be authorized
by resolution at any | 9 | | regular or special meeting, and each such resolution
shall take | 10 | | effect immediately. The Board shall meet at least quarterly.
| 11 | | The Board may adopt all rules and regulations necessary and | 12 | | incident
to its powers and duties under this Act.
| 13 | | The members of the Board shall each receive as compensation | 14 | | a reasonable
sum as determined by the Secretary for each day | 15 | | actually engaged in the
duties of the office, and all | 16 | | legitimate and necessary expense incurred in
attending the | 17 | | meetings of the Board.
| 18 | | Members of the Board shall be immune from suit in any | 19 | | action based
upon any disciplinary proceedings or other | 20 | | activities performed in good
faith as members of the Board.
| 21 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 22 | | (225 ILCS 25/8.5)
| 23 | | (Section scheduled to be repealed on January 1, 2016)
| 24 | | Sec. 8.5. Unlicensed practice; violation; civil penalty.
| 25 | | (a) Any person who practices, offers to practice, attempts |
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| 1 | | to practice, or
holds oneself out to practice dentistry or | 2 | | dental hygiene without being licensed under this Act
shall, in
| 3 | | addition to any other penalty provided by law, pay a civil | 4 | | penalty to the
Department in an amount not to exceed $10,000 | 5 | | for each offense
as determined by
the Department. The civil | 6 | | penalty shall be assessed by the Department after a
hearing is | 7 | | held in accordance with the provisions set forth in this Act
| 8 | | regarding the provision of a hearing for the discipline of a | 9 | | licensee.
| 10 | | (b) The Department has the authority and power to | 11 | | investigate any and all
unlicensed activity.
| 12 | | (c) The civil penalty shall be paid within 60 days after | 13 | | the effective date
of the order imposing the civil penalty. The | 14 | | order shall constitute a judgment
and may be filed and | 15 | | execution had thereon in the same manner as any judgment
from | 16 | | any court of record.
| 17 | | (Source: P.A. 88-223; 89-80, eff. 6-30-95 .)
| 18 | | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 16.1. Continuing education. The Department shall | 21 | | promulgate
rules of continuing education for persons licensed | 22 | | under
this Act. In establishing rules, the Department shall | 23 | | require a minimum of
48 hours of study in approved courses for | 24 | | dentists during each 3-year
licensing period and a minimum of | 25 | | 36 hours of study in approved courses for
dental hygienists |
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| 1 | | during each 3-year licensing period.
| 2 | | The Department shall approve only courses that are relevant | 3 | | to the
treatment and care of patients, including, but not | 4 | | limited to, clinical
courses in dentistry and dental hygiene | 5 | | and nonclinical courses such as
patient management, legal and | 6 | | ethical responsibilities, and stress
management. The | 7 | | Department shall allow up to 4 hours of continuing education | 8 | | credit hours per license renewal period for volunteer hours | 9 | | spent providing clinical services at, or sponsored by, a | 10 | | nonprofit community clinic, local or state health department, | 11 | | or a charity event. Courses shall not be approved in such | 12 | | subjects as estate and
financial planning, investments, or | 13 | | personal health. Approved courses may
include, but shall not be | 14 | | limited to, courses that are offered or sponsored
by approved | 15 | | colleges, universities, and hospitals and by recognized
| 16 | | national, State, and local dental and dental hygiene | 17 | | organizations.
| 18 | | No license shall be renewed unless the
renewal application | 19 | | is accompanied by an affidavit indicating that the
applicant | 20 | | has completed the required minimum number of hours of | 21 | | continuing
education in approved courses as required by this | 22 | | Section.
The affidavit shall not require a listing of courses. | 23 | | The affidavit
shall be a prima facie evidence that the | 24 | | applicant has obtained the minimum
number of required | 25 | | continuing education hours in approved courses. The
Department | 26 | | shall not be obligated to conduct random
audits or otherwise |
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| 1 | | independently verify that an applicant has met the
continuing | 2 | | education requirement.
The Department, however, may not | 3 | | conduct random audits
of more than 10% of the licensed
dentists | 4 | | and dental hygienists in any one licensing cycle
to verify | 5 | | compliance
with continuing education requirements.
If the | 6 | | Department, however, receives a
complaint that a licensee has | 7 | | not completed the required continuing
education or if the | 8 | | Department is investigating another alleged violation
of this | 9 | | Act by a licensee, the Department may demand and shall be | 10 | | entitled
to receive evidence from any licensee of completion of | 11 | | required
continuing education courses for the most recently | 12 | | completed 3-year
licensing period.
Evidence of continuing | 13 | | education may include, but is not limited to, canceled
checks, | 14 | | official verification forms of attendance, and continuing | 15 | | education
recording forms, that demonstrate a reasonable | 16 | | record of attendance. The
Board shall determine, in accordance | 17 | | with rules adopted by the
Department,
whether a licensee or | 18 | | applicant has met the continuing education
requirements.
Any | 19 | | dentist who holds more than one license under this
Act shall be | 20 | | required to complete
only the minimum number of hours of | 21 | | continuing education required for
renewal of a single license. | 22 | | The Department may provide exemptions from
continuing | 23 | | education requirements. The exemptions shall include, but | 24 | | shall
not be limited to, dentists and dental hygienists who | 25 | | agree not to practice
within the State during the licensing | 26 | | period because they are retired from
practice.
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| 1 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| 2 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 17. Acts Constituting the Practice of Dentistry. A | 5 | | person
practices dentistry, within the meaning of this Act:
| 6 | | (1) Who represents himself or herself as being able to | 7 | | diagnose or diagnoses,
treats, prescribes, or operates for | 8 | | any disease, pain, deformity, deficiency,
injury, or | 9 | | physical condition of the human tooth, teeth, alveolar | 10 | | process,
gums or jaw; or
| 11 | | (2) Who is a manager, proprietor, operator or conductor | 12 | | of a
business where
dental operations are performed; or
| 13 | | (3) Who performs dental operations of any kind; or
| 14 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 15 | | diagnostic purposes; or
| 16 | | (5) Who extracts a human tooth or teeth, or corrects or | 17 | | attempts to
correct
malpositions of the human teeth or | 18 | | jaws; or
| 19 | | (6) Who offers or undertakes, by any means or method, | 20 | | to diagnose, treat
or remove stains, calculus, and bonding | 21 | | materials from human teeth or jaws; or
| 22 | | (7) Who uses or administers local or general | 23 | | anesthetics in the treatment
of dental or oral diseases or | 24 | | in any preparation incident to a dental operation
of any | 25 | | kind or character; or
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| 1 | | (8) Who takes impressions of the human tooth, teeth, or | 2 | | jaws or performs
any phase of any operation incident to the | 3 | | replacement of a part of a tooth,
a tooth, teeth or | 4 | | associated tissues by means of a filling, crown, a bridge,
| 5 | | a denture or other appliance; or
| 6 | | (9) Who offers to furnish, supply, construct, | 7 | | reproduce or repair, or
who furnishes, supplies, | 8 | | constructs, reproduces or repairs, prosthetic
dentures, | 9 | | bridges or other substitutes for natural teeth, to the user | 10 | | or
prospective user thereof; or
| 11 | | (10) Who instructs students on clinical matters or | 12 | | performs any clinical
operation included in the curricula | 13 | | of recognized dental schools and colleges; or
| 14 | | (11) Who takes impressions of human teeth or places his | 15 | | or her hands in the mouth of any person for the purpose of | 16 | | applying teeth whitening materials, or who takes | 17 | | impressions of human teeth or places his or her hands in | 18 | | the mouth of any person for the purpose of assisting in the | 19 | | application of teeth whitening materials. A person does not | 20 | | practice dentistry when he or she discloses to the consumer | 21 | | that he or she is not licensed as a dentist under this Act | 22 | | and (i) discusses the use of teeth whitening materials with | 23 | | a consumer purchasing these materials; (ii) provides | 24 | | instruction on the use of teeth whitening materials with a | 25 | | consumer purchasing these materials; or (iii) provides | 26 | | appropriate equipment on-site to the consumer for the |
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| 1 | | consumer to self-apply teeth whitening materials. | 2 | | The fact that any person engages in or performs, or offers | 3 | | to engage in
or perform, any of the practices, acts, or | 4 | | operations set forth in this
Section, shall be prima facie | 5 | | evidence that such person is engaged in the
practice of | 6 | | dentistry.
| 7 | | The following practices, acts, and operations, however, | 8 | | are exempt from
the operation of this Act:
| 9 | | (a) The rendering of dental relief in emergency cases | 10 | | in the practice
of his or her profession by a physician or | 11 | | surgeon, licensed as such
under the laws of this State, | 12 | | unless he or she undertakes to reproduce or reproduces
lost | 13 | | parts of the human teeth in the mouth or to restore or | 14 | | replace lost
or missing teeth in the mouth; or
| 15 | | (b) The practice of dentistry in the discharge of their | 16 | | official duties
by dentists in any branch of the Armed | 17 | | Services of the United States, the
United States Public | 18 | | Health Service, or the United States Veterans
| 19 | | Administration; or
| 20 | | (c) The practice of dentistry by students in their | 21 | | course of study
in dental schools or colleges approved by | 22 | | the Department, when acting under the
direction and | 23 | | supervision of dentists acting as instructors; or
| 24 | | (d) The practice of dentistry by clinical instructors | 25 | | in the course of
their teaching duties in dental schools or | 26 | | colleges approved by the
Department:
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| 1 | | (i) when acting under the direction and | 2 | | supervision of dentists,
provided that such clinical | 3 | | instructors have instructed continuously in
this State | 4 | | since January 1, 1986; or
| 5 | | (ii) when holding the rank of full professor at | 6 | | such approved dental
school or college and possessing a | 7 | | current valid license or authorization
to practice | 8 | | dentistry in another country; or
| 9 | | (e) The practice of dentistry by licensed dentists of | 10 | | other states or
countries at meetings of the Illinois State | 11 | | Dental Society or component
parts thereof, alumni meetings | 12 | | of dental colleges, or any other like dental
organizations, | 13 | | while appearing as clinicians; or
| 14 | | (f) The use of X-Ray machines for exposing X-Ray films | 15 | | of dental or oral
tissues by dental hygienists or dental | 16 | | assistants; or
| 17 | | (g) The performance of any dental service by a dental | 18 | | assistant, if such
service is performed under the | 19 | | supervision and full responsibility of a
dentist.
| 20 | | For purposes of this paragraph (g), "dental service" is | 21 | | defined to mean
any intraoral procedure or act which shall | 22 | | be prescribed by rule or
regulation of the Department. | 23 | | Dental service, however, shall not include:
| 24 | | (1) Any and all diagnosis of or prescription for | 25 | | treatment of disease,
pain, deformity, deficiency, | 26 | | injury or physical condition of the human teeth
or |
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| 1 | | jaws, or adjacent structures.
| 2 | | (2) Removal of, or restoration of, or addition
to | 3 | | the hard or soft tissues of the oral cavity, except for | 4 | | the placing, carving, and finishing of amalgam | 5 | | restorations by dental assistants who have had | 6 | | additional formal education and certification as | 7 | | determined by the Department. A dentist utilizing | 8 | | dental assistants shall not supervise more than 4 | 9 | | dental assistants at any one time for placing, carving, | 10 | | and finishing of amalgam restorations.
| 11 | | (3) Any and all correction of malformation of teeth | 12 | | or of the jaws.
| 13 | | (4) Administration of anesthetics, except for | 14 | | monitoring of
nitrous oxide, conscious sedation, deep | 15 | | sedation, and general anesthetic as provided in | 16 | | Section 8.1 of this Act, that may be performed only | 17 | | after successful completion of a training
program | 18 | | approved by the Department. A dentist utilizing dental | 19 | | assistants shall not supervise more than 4 dental | 20 | | assistants at any one time for the monitoring of | 21 | | nitrous oxide.
| 22 | | (5) Removal of calculus from human teeth.
| 23 | | (6) Taking of impressions for the fabrication of | 24 | | prosthetic
appliances,
crowns,
bridges, inlays, | 25 | | onlays, or other restorative or replacement
dentistry.
| 26 | | (7) The operative procedure of dental hygiene |
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| 1 | | consisting of oral
prophylactic procedures, except for | 2 | | coronal polishing and pit and fissure sealants,
which | 3 | | may be
performed by a
dental assistant who has | 4 | | successfully completed a training program approved by
| 5 | | the Department. Dental assistants may perform coronal | 6 | | polishing under the
following circumstances: (i) the | 7 | | coronal polishing shall be limited to
polishing the
| 8 | | clinical crown of the tooth and existing restorations, | 9 | | supragingivally; (ii)
the
dental assistant performing | 10 | | the coronal polishing shall be limited to the use
of
| 11 | | rotary instruments using a rubber cup or brush | 12 | | polishing method (air polishing
is
not permitted); and | 13 | | (iii) the supervising dentist shall not supervise more
| 14 | | than 4
dental assistants at any one time for the task | 15 | | of coronal polishing or pit and fissure sealants.
| 16 | | In addition to coronal polishing and pit and | 17 | | fissure sealants as described in this item (7), a | 18 | | dental assistant who has at least 2,000 hours of | 19 | | clinical experience and who has successfully completed | 20 | | a training program approved by rule by the Department | 21 | | may perform: (A) coronal scaling above the gum line, | 22 | | supragingivally, on the clinical crown of the tooth | 23 | | only on patients 12 years of age or younger who have an | 24 | | absence of periodontal disease and who are not | 25 | | medically compromised or individuals with special | 26 | | needs and (B) intracoronal temporization of a tooth. |
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| 1 | | The training program approved by the Department must: | 2 | | (I) include a minimum of 16 hours of instruction in | 3 | | both didactic and clinical manikin or human subject | 4 | | instruction; all training programs shall include | 5 | | courses in dental anatomy, public health dentistry, | 6 | | medical history, dental emergencies, and managing the | 7 | | pediatric patient; (II) include an outcome assessment | 8 | | examination that demonstrates competency; (III) | 9 | | require the supervising dentist to observe and approve | 10 | | the completion of 6 full mouth supragingival scaling | 11 | | procedures; and (IV) issue a certificate of completion | 12 | | of the training program, which must be kept on file at | 13 | | the dental office. A dental assistant must have | 14 | | successfully completed an approved coronal polishing | 15 | | course prior to taking the coronal scaling course. A | 16 | | dental assistant performing these functions shall be | 17 | | limited to the use of hand instruments only. In | 18 | | addition, coronal scaling as described in this | 19 | | paragraph shall only be utilized on patients who are | 20 | | eligible for Medicaid or who are uninsured and whose | 21 | | household income is not greater than 200% of the | 22 | | federal poverty level. A dentist may not supervise more | 23 | | than 2 dental assistants at any one time for the task | 24 | | of coronal scaling. This paragraph is inoperative on | 25 | | and after January 1, 2021. | 26 | | The limitations on the number of dental assistants a |
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| 1 | | dentist may supervise contained in items (2), (4), and (7) | 2 | | of this paragraph (g) mean a limit of 4 total dental | 3 | | assistants or dental hygienists doing expanded functions | 4 | | covered by these Sections being supervised by one dentist. | 5 | | (h) The practice of dentistry by an individual who:
| 6 | | (i) has applied in writing to the Department, in | 7 | | form and substance
satisfactory to the Department, for | 8 | | a general dental license and has
complied with all | 9 | | provisions of Section 9 of this Act, except for the
| 10 | | passage of the examination specified in subsection (e) | 11 | | of Section 9 of this
Act; or
| 12 | | (ii) has applied in writing to the Department, in | 13 | | form and substance
satisfactory to the Department, for | 14 | | a temporary dental license and has
complied with all | 15 | | provisions of subsection (c) of Section 11 of this Act; | 16 | | and
| 17 | | (iii) has been accepted or appointed for specialty | 18 | | or residency training
by a hospital situated in this | 19 | | State; or
| 20 | | (iv) has been accepted or appointed for specialty | 21 | | training in an
approved dental program situated in this | 22 | | State; or
| 23 | | (v) has been accepted or appointed for specialty | 24 | | training in a dental
public health agency situated in | 25 | | this State.
| 26 | | The applicant shall be permitted to practice dentistry |
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| 1 | | for a period of 3
months from the starting date of the | 2 | | program, unless authorized in writing
by the Department to | 3 | | continue such practice for a period specified in
writing by | 4 | | the Department.
| 5 | | The applicant shall only be entitled to perform such | 6 | | acts as may be
prescribed by and incidental to his or her | 7 | | program of residency or specialty
training and shall not | 8 | | otherwise engage in the practice of dentistry in this
| 9 | | State.
| 10 | | The authority to practice shall terminate immediately | 11 | | upon:
| 12 | | (1) the decision of the Department that the | 13 | | applicant has failed the
examination; or
| 14 | | (2) denial of licensure by the Department; or
| 15 | | (3) withdrawal of the application.
| 16 | | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | 17 | | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | 18 | | 8-16-13; 98-756, eff. 7-16-14.)
| 19 | | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 18. Acts constituting the practice of dental hygiene;
| 22 | | limitations. | 23 | | (a) A person practices dental hygiene within the meaning of | 24 | | this Act when
he or she performs the following acts under the | 25 | | supervision of a dentist:
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| 1 | | (i) the operative procedure of dental hygiene, | 2 | | consisting of oral
prophylactic procedures;
| 3 | | (ii) the exposure and processing of X-Ray films of | 4 | | the teeth and
surrounding structures;
| 5 | | (iii) the application to the surfaces of the teeth | 6 | | or gums of chemical
compounds designed to be | 7 | | desensitizing agents or effective agents in the
| 8 | | prevention of dental caries or periodontal disease;
| 9 | | (iv) all services which may be performed by a
| 10 | | dental assistant as specified by rule pursuant to | 11 | | Section 17, and a dental hygienist may engage in the | 12 | | placing, carving, and finishing of amalgam | 13 | | restorations only after obtaining formal education and | 14 | | certification as determined by the Department;
| 15 | | (v) administration and monitoring of nitrous oxide | 16 | | upon successful
completion of a
training program | 17 | | approved by the Department;
| 18 | | (vi) administration of local anesthetics upon | 19 | | successful completion of
a
training program approved | 20 | | by the Department; and
| 21 | | (vii) such other procedures and acts as shall be | 22 | | prescribed
by
rule or regulation of the Department.
| 23 | | (b) A dental hygienist may be employed or engaged only:
| 24 | | (1) by a dentist;
| 25 | | (2) by a federal, State, county, or municipal agency or | 26 | | institution;
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| 1 | | (3) by a public or private school; or
| 2 | | (4) by a public clinic operating under the direction of | 3 | | a hospital or
federal,
State, county, municipal, or other | 4 | | public agency or institution.
| 5 | | (c) When employed or engaged in the office of a dentist, a | 6 | | dental hygienist
may
perform, under general supervision, those | 7 | | procedures found in items (i) through
(iv) of
subsection (a) of | 8 | | this Section, provided the patient has been examined by the
| 9 | | dentist
within one year of the provision of dental hygiene | 10 | | services, the dentist has
approved the
dental hygiene services | 11 | | by a notation in the patient's record and the patient
has been
| 12 | | notified that the dentist may be out of the office during the | 13 | | provision of
dental hygiene
services.
| 14 | | (d) If a patient of record is unable to travel to a dental | 15 | | office because of
illness,
infirmity, or
imprisonment, a dental | 16 | | hygienist may perform, under the general supervision of
a | 17 | | dentist,
those procedures found in items (i) through (iv) of | 18 | | subsection (a) of this
Section,
provided the patient is located | 19 | | in a long-term care facility licensed by the
State of Illinois,
| 20 | | a mental health or developmental disability facility, or a | 21 | | State or federal
prison. The dentist
shall personally examine | 22 | | and diagnose the patient and determine which
services are | 23 | | necessary to be performed, which shall be contained in an order | 24 | | to the hygienist and a notation in the patient's record.
Such | 25 | | order must be implemented within 120 days
of its issuance, and | 26 | | an updated medical history and observation of oral
conditions
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| 1 | | must be performed by the hygienist immediately prior to | 2 | | beginning the
procedures to ensure that the patient's health | 3 | | has not changed in any
manner to warrant a reexamination by the | 4 | | dentist.
| 5 | | (e) School-based oral health care,
consisting of and | 6 | | limited to oral prophylactic
procedures, sealants, and | 7 | | fluoride treatments,
may be provided by a dental hygienist
| 8 | | under the general supervision of a dentist. A dental hygienist | 9 | | may not provide
other dental hygiene treatment in a | 10 | | school-based setting, including but not
limited to | 11 | | administration or monitoring of nitrous oxide or | 12 | | administration of
local anesthetics. The school-based | 13 | | procedures may be performed provided the
patient is located at | 14 | | a public or private school and the program is being
conducted | 15 | | by a State, county or local public health department initiative | 16 | | or in
conjunction with a dental school or dental hygiene | 17 | | program.
The dentist shall personally examine and diagnose the | 18 | | patient and
determine
which services are necessary to be | 19 | | performed, which shall be contained in an
order to the
| 20 | | hygienist and a notation in the patient's record. Any such | 21 | | order for sealants must be implemented within 120 days after | 22 | | its issuance. Any such order for oral prophylactic procedures | 23 | | or fluoride treatments must be implemented within 180 days | 24 | | after its issuance. An updated medical history and observation | 25 | | of
oral conditions
must be
performed by the hygienist | 26 | | immediately prior to beginning the procedures to
ensure that
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| 1 | | the patient's health has not changed in any manner to warrant a | 2 | | reexamination
by the
dentist.
| 3 | | (f) Without the supervision of a dentist, a dental | 4 | | hygienist
may perform
dental health education functions and may | 5 | | record case histories and oral
conditions observed.
| 6 | | (g) The number of dental hygienists practicing in a dental | 7 | | office shall
not
exceed, at any one time, 4 times the number of | 8 | | dentists practicing in the
office at the time.
| 9 | | (h) A dental hygienist who is certified as a public health | 10 | | dental hygienist may provide services to patients: (1) who are | 11 | | eligible for Medicaid or (2) who are uninsured and whose | 12 | | household income is not greater than 200% of the federal | 13 | | poverty level. A public health dental hygienist may perform | 14 | | oral assessments, perform screenings, and provide educational | 15 | | and preventative services as provided in subsection (b) of | 16 | | Section 18.1 of this Act. The public health dental hygienist | 17 | | may not administer local anesthesia or nitrous oxide, or place, | 18 | | carve, or finish amalgam restorations or provide periodontal | 19 | | therapy under this exception. Each patient must sign a consent | 20 | | form that acknowledges that the care received does not take the | 21 | | place of a regular dental examination. The public health dental | 22 | | hygienist must provide the patient or guardian a written | 23 | | referral to a dentist for assessment of the need for further | 24 | | dental care at the time of treatment. Any indication or | 25 | | observation of a condition that could warrant the need for | 26 | | urgent attention must be reported immediately to the |
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| 1 | | supervising dentist for appropriate assessment and treatment. | 2 | | This subsection (h) is inoperative on and after January 1, | 3 | | 2021. | 4 | | (Source: P.A. 97-526, eff. 1-1-12.)
| 5 | | (225 ILCS 25/18.1 new) | 6 | | Sec. 18.1. Public health dental supervision | 7 | | responsibilities. | 8 | | (a) When working together in a public health supervision | 9 | | relationship, dentists and public health dental hygienists | 10 | | shall enter into a public health supervision agreement. The | 11 | | dentist providing public health supervision must: | 12 | | (1) be available to provide an appropriate level of | 13 | | contact, communication, collaboration, and consultation | 14 | | with the public health dental hygienist and must meet | 15 | | in-person with the public health dental hygienist at least | 16 | | quarterly for review and consultation; | 17 | | (2) have specific standing orders or policy guidelines | 18 | | for procedures that are to be carried out for each location | 19 | | or program, although the dentist need not be present when | 20 | | the procedures are being performed; | 21 | | (3) provide for the patient's additional necessary | 22 | | care in consultation with the public health dental | 23 | | hygienist; | 24 | | (4) file agreements and notifications as required; and | 25 | | (5) include procedures for creating and maintaining |
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| 1 | | dental records, including protocols for transmission of | 2 | | all records between the public health dental hygienist and | 3 | | the dentist following each treatment, which shall include a | 4 | | notation regarding procedures authorized by the dentist | 5 | | and performed by the public health dental hygienist and the | 6 | | location where those records are to be kept. | 7 | | Each dentist and hygienist who enters into a public health | 8 | | supervision agreement must document and maintain a copy of any | 9 | | change or termination of that agreement. | 10 | | Dental records shall be owned and maintained by the | 11 | | supervising dentist for all patients treated under public | 12 | | health supervision, unless the supervising dentist is an | 13 | | employee of a public health clinic or federally qualified | 14 | | health center, in which case the public health clinic or | 15 | | federally qualified health center shall maintain the records. | 16 | | If a dentist ceases to be employed or contracted by the | 17 | | facility, the dentist shall notify the facility administrator | 18 | | that the public health supervision agreement is no longer in | 19 | | effect. A new public health supervision agreement is required | 20 | | for the public health dental hygienist to continue treating | 21 | | patients under public health supervision. | 22 | | A dentist entering into an agreement under this Section may | 23 | | supervise and enter into agreements for public health | 24 | | supervision with 2 public health dental hygienists. This shall | 25 | | be in addition to the limit of 4 dental hygienists per dentist | 26 | | set forth in subsection (g) of Section 18 of this Act. |
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| 1 | | (b) A public health dental hygienist providing services | 2 | | under public health supervision may perform only those duties | 3 | | within the accepted scope of practice of dental hygiene, as | 4 | | follows: | 5 | | (1) the operative procedures of dental hygiene, | 6 | | consisting of oral prophylactic procedures, including | 7 | | prophylactic cleanings, application of fluoride, and | 8 | | placement of sealants; | 9 | | (2) the exposure and processing of x-ray films of the | 10 | | teeth and surrounding structures; and | 11 | | (3) such other procedures and acts as shall be | 12 | | prescribed by rule of the Department. | 13 | | Any patient treated under this subsection (b) must be | 14 | | examined by a dentist before additional services can be | 15 | | provided by a public health dental hygienist. | 16 | | (c) A public health dental hygienist providing services | 17 | | under public health supervision must: | 18 | | (1) provide to the patient, parent, or guardian a | 19 | | written plan for referral or an agreement for follow-up | 20 | | that records all conditions observed that should be called | 21 | | to the attention of a dentist for proper diagnosis; | 22 | | (2) have each patient sign a permission slip or consent | 23 | | form that informs them that the service to be received does | 24 | | not take the place of regular dental checkups at a dental | 25 | | office and is meant for people who otherwise would not have | 26 | | access to the service; |
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| 1 | | (3) inform each patient who may require further dental | 2 | | services of that need; | 3 | | (4) maintain an appropriate level of contact and | 4 | | communication with the dentist providing public health | 5 | | supervision; and | 6 | | (5) complete an additional 4 hours of continuing | 7 | | education in areas specific to public health dentistry | 8 | | yearly. | 9 | | (d) Each public health dental hygienist who has rendered | 10 | | services under subsections (c), (d), and (e) of this Section | 11 | | must complete a summary report at the completion of a program | 12 | | or, in the case of an ongoing program, at least annually. The | 13 | | report must be completed in the manner specified by the | 14 | | Division of Oral Health in the Department of Public Health | 15 | | including information about each location where the public | 16 | | health dental hygienist has rendered these services. The public | 17 | | health dental hygienist must submit the form to the dentist | 18 | | providing supervision for his or her signature before sending | 19 | | it to the Division. | 20 | | (e) Public health dental hygienists providing services | 21 | | under public health supervision may be compensated for their | 22 | | work by salary, honoraria, and other mechanisms by the | 23 | | employing or sponsoring entity. Nothing in this Act shall | 24 | | preclude the entity that employs or sponsors a public health | 25 | | dental hygienist from seeking payment, reimbursement, or other | 26 | | source of funding for the services provided. |
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| 1 | | (f) This Section is repealed on January 1, 2021.
| 2 | | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 23. Refusal, revocation or suspension of dental | 5 | | licenses. The
Department may refuse to issue or renew, or may | 6 | | revoke, suspend, place on
probation, reprimand or take other | 7 | | disciplinary or non-disciplinary action as the Department
may | 8 | | deem proper, including imposing fines not to exceed $10,000 per | 9 | | violation, with
regard to any license for any one or any | 10 | | combination of
the following causes:
| 11 | | 1. Fraud or misrepresentation in applying for or | 12 | | procuring a license under this Act, or in connection with | 13 | | applying for renewal of a license under this Act.
| 14 | | 2. Inability to practice with reasonable judgment, | 15 | | skill, or safety as a result of habitual or excessive use | 16 | | or addiction to alcohol, narcotics, stimulants, or any | 17 | | other chemical agent or drug.
| 18 | | 3. Willful or repeated violations of the rules of the | 19 | | Department of
Public Health or Department of Nuclear | 20 | | Safety.
| 21 | | 4. Acceptance of a fee for service as a witness, | 22 | | without the
knowledge of the court, in addition to the fee | 23 | | allowed by the court.
| 24 | | 5. Division of fees or agreeing to split or divide the | 25 | | fees received
for dental services with any person for |
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| 1 | | bringing or referring a patient,
except in regard to | 2 | | referral services as provided for under Section 45,
or | 3 | | assisting in the care or treatment of a patient,
without | 4 | | the
knowledge of the patient or his or her legal | 5 | | representative. Nothing in this item 5 affects any bona | 6 | | fide independent contractor or employment arrangements | 7 | | among health care professionals, health facilities, health | 8 | | care providers, or other entities, except as otherwise | 9 | | prohibited by law. Any employment arrangements may include | 10 | | provisions for compensation, health insurance, pension, or | 11 | | other employment benefits for the provision of services | 12 | | within the scope of the licensee's practice under this Act. | 13 | | Nothing in this item 5 shall be construed to require an | 14 | | employment arrangement to receive professional fees for | 15 | | services rendered.
| 16 | | 6. Employing, procuring, inducing, aiding or abetting | 17 | | a person not
licensed or registered as a dentist or dental | 18 | | hygienist to engage in the practice of
dentistry or dental | 19 | | hygiene . The person practiced upon is not an accomplice, | 20 | | employer,
procurer, inducer, aider, or abetter within the | 21 | | meaning of this Act.
| 22 | | 7. Making any misrepresentations or false promises, | 23 | | directly or
indirectly, to influence, persuade or induce | 24 | | dental patronage.
| 25 | | 8. Professional connection or association with or | 26 | | lending his or her name
to another for the illegal practice |
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| 1 | | of dentistry by another, or
professional connection or | 2 | | association with any person, firm or
corporation holding | 3 | | himself, herself, themselves, or itself out in any manner
| 4 | | contrary to this Act.
| 5 | | 9. Obtaining or seeking to obtain practice, money, or | 6 | | any other
things of value by false or fraudulent | 7 | | representations, but
not limited to, engaging in such | 8 | | fraudulent practice to defraud the
medical assistance | 9 | | program of the Department of Healthcare and Family Services | 10 | | (formerly Department of Public Aid) under the Illinois | 11 | | Public Aid Code.
| 12 | | 10. Practicing under a false or, except as provided by | 13 | | law, an assumed name.
| 14 | | 11. Engaging in dishonorable,
unethical, or | 15 | | unprofessional conduct of a character likely to deceive,
| 16 | | defraud, or harm the public.
| 17 | | 12. Conviction by plea of guilty or nolo contendere, | 18 | | finding of guilt, jury verdict, or entry of judgment or by | 19 | | sentencing for any crime, including, but not limited to, | 20 | | convictions, preceding sentences of supervision, | 21 | | conditional discharge, or first offender probation, under | 22 | | the laws of any jurisdiction of the United States that (i) | 23 | | is a felony under the laws of this State or (ii) is a | 24 | | misdemeanor, an essential element of which is dishonesty, | 25 | | or that is directly related to the practice of dentistry.
| 26 | | 13. Permitting a dental hygienist, dental assistant or |
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| 1 | | other person
under his or her supervision to perform
any | 2 | | operation not authorized by this Act.
| 3 | | 14. Permitting more than 4 dental hygienists to be | 4 | | employed under
his or her supervision at any one time.
| 5 | | 15. A violation of any provision of this
Act or any | 6 | | rules promulgated under this Act.
| 7 | | 16. Taking impressions for or using the services of any | 8 | | person, firm
or corporation violating this Act.
| 9 | | 17. Violating any provision of Section 45 relating to | 10 | | advertising.
| 11 | | 18. Discipline by another U.S. jurisdiction or foreign | 12 | | nation,
if at least one of the grounds for the discipline | 13 | | is the
same or substantially equivalent to those set forth | 14 | | within this Act.
| 15 | | 19. Willfully failing to report an instance of | 16 | | suspected child abuse or
neglect as required by the Abused | 17 | | and Neglected Child Reporting
Act.
| 18 | | 20. Gross negligence in practice under this Act.
| 19 | | 21. The use or prescription for use of narcotics or | 20 | | controlled substances
or designated products as listed in | 21 | | the Illinois Controlled Substances
Act, in any way other | 22 | | than for therapeutic purposes.
| 23 | | 22. Willfully making or filing false records or reports | 24 | | in his or her practice
as a dentist, including, but not | 25 | | limited to, false records to support claims
against the | 26 | | dental assistance program of the Department of Healthcare |
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| 1 | | and Family Services (formerly
Illinois Department of | 2 | | Public
Aid).
| 3 | | 23. Professional incompetence as manifested by poor | 4 | | standards of care.
| 5 | | 24. Physical or mental illness, including, but not | 6 | | limited to,
deterioration
through
the aging process, or | 7 | | loss of motor skills which results in a dentist's
inability | 8 | | to practice dentistry with reasonable judgment, skill or | 9 | | safety. In
enforcing this paragraph, the Department may | 10 | | compel a person licensed to
practice under this Act to | 11 | | submit to a mental or physical examination pursuant
to the | 12 | | terms and conditions of Section 23b.
| 13 | | 25. Gross or repeated irregularities in billing for | 14 | | services rendered
to a patient. For purposes of this | 15 | | paragraph 25, "irregularities in billing"
shall include:
| 16 | | (a) Reporting excessive charges for the purpose of | 17 | | obtaining a total
payment
in excess of that usually | 18 | | received by the dentist for the services rendered.
| 19 | | (b) Reporting charges for services not rendered.
| 20 | | (c) Incorrectly reporting services rendered for | 21 | | the purpose of obtaining
payment not earned.
| 22 | | 26. Continuing the active practice of dentistry while | 23 | | knowingly having
any infectious, communicable, or | 24 | | contagious disease proscribed by rule or
regulation of the | 25 | | Department.
| 26 | | 27. Being named as a perpetrator in an indicated report |
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| 1 | | by the
Department of Children and Family Services pursuant | 2 | | to the Abused and
Neglected Child Reporting Act, and upon
| 3 | | proof by clear and convincing evidence that the licensee | 4 | | has
caused a child to be an abused child or neglected child | 5 | | as defined in the
Abused and Neglected Child Reporting Act.
| 6 | | 28. Violating the Health Care Worker Self-Referral | 7 | | Act.
| 8 | | 29. Abandonment of a patient.
| 9 | | 30. Mental incompetency as declared by a court of | 10 | | competent
jurisdiction.
| 11 | | 31. A finding by the Department that the licensee, | 12 | | after having his or her license placed on probationary | 13 | | status, has violated the terms of probation. | 14 | | 32. Material misstatement in furnishing information to | 15 | | the Department. | 16 | | 33. Failing, within 60 days, to provide information in | 17 | | response to a written request by the Department in the | 18 | | course of an investigation. | 19 | | 34. Immoral conduct in the commission of any act, | 20 | | including, but not limited to, commission of an act of | 21 | | sexual misconduct related to the licensee's practice. | 22 | | 35. Cheating on or attempting to subvert the licensing | 23 | | examination administered under this Act. | 24 | | 36. A pattern of practice or other behavior that | 25 | | demonstrates incapacity or incompetence to practice under | 26 | | this Act. |
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| 1 | | 37. Failure to establish and maintain records of | 2 | | patient care and treatment as required under this Act. | 3 | | 38. Failure to provide copies of dental records as | 4 | | required by law. | 5 | | All proceedings to suspend, revoke, place on probationary | 6 | | status, or
take any other disciplinary action as the Department | 7 | | may deem proper, with
regard to a license on any of the | 8 | | foregoing grounds, must be commenced
within 5 3 years after | 9 | | receipt by the Department of a complaint alleging the
| 10 | | commission of or notice of the conviction order for any of the | 11 | | acts
described herein. Except for fraud in procuring a license, | 12 | | no
action shall be commenced more than 7 5 years after the date | 13 | | of the incident
or act alleged to have violated this Section. | 14 | | The time during which the
holder of the license was outside the | 15 | | State of Illinois shall not be
included within any period of | 16 | | time limiting the commencement of
disciplinary action by the | 17 | | Department.
| 18 | | All fines imposed under this Section shall be paid within | 19 | | 60 days after the effective date of the order imposing the fine | 20 | | or in accordance with the terms set forth in the order imposing | 21 | | the fine. | 22 | | The Department may refuse to issue or may suspend the | 23 | | license of any
person who fails to file a return, or to pay the | 24 | | tax, penalty or interest
shown in a filed return, or to pay any | 25 | | final assessment of tax, penalty or
interest, as required by | 26 | | any tax Act administered by the Illinois
Department of Revenue, |
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| 1 | | until such time as the requirements of
any such tax Act are | 2 | | satisfied.
| 3 | | Any dentist who has had his or her license suspended or | 4 | | revoked for more than 5 years must comply with the requirements | 5 | | for restoration set forth in Section 16 prior to being eligible | 6 | | for reinstatement from the suspension or revocation. | 7 | | (Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; | 8 | | 97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
| 9 | | (225 ILCS 25/24) (from Ch. 111, par. 2324)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 24. Refusal, Suspension or Revocation of Dental | 12 | | Hygienist License. The
Department may refuse to issue or renew | 13 | | or
may revoke, suspend, place on probation, reprimand or take | 14 | | other
disciplinary or non-disciplinary action as the | 15 | | Department may deem proper, including imposing fines not
to | 16 | | exceed $10,000 per violation, with regard to any dental | 17 | | hygienist license
for any one or any combination of the | 18 | | following causes:
| 19 | | 1. Fraud or misrepresentation in applying for or | 20 | | procuring a license under this Act, or in connection with | 21 | | applying for renewal of a license under this Act.
| 22 | | 2. Performing any operation not authorized by this Act.
| 23 | | 3. Practicing dental hygiene other than under the | 24 | | supervision of a
licensed dentist as provided by this Act.
| 25 | | 4. The wilful violation of, or the wilful procuring of, |
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| 1 | | or knowingly
assisting in the violation of, any Act which | 2 | | is now or which hereafter may
be in force in this State | 3 | | relating to the use of habit-forming drugs.
| 4 | | 5. The obtaining of, or an attempt to obtain a license, | 5 | | or practice in the profession, or money, or any other thing
| 6 | | of value by fraudulent representation.
| 7 | | 6. Gross negligence in performing the operative | 8 | | procedure of dental
hygiene.
| 9 | | 7. Active practice of dental hygiene while knowingly | 10 | | having any
infectious, communicable, or contagious disease | 11 | | proscribed by rule
or regulation of the Department.
| 12 | | 8. Inability to practice with reasonable judgment, | 13 | | skill, or safety as a result of habitual or excessive use | 14 | | or addiction to alcohol, narcotics, stimulants, or any | 15 | | other chemical agent or drug.
| 16 | | 9. Conviction by plea of guilty or nolo contendere, | 17 | | finding of guilt, jury verdict, or entry of judgment or by | 18 | | sentencing of any crime, including, but not limited to, | 19 | | convictions, preceding sentences of supervision, | 20 | | conditional discharge, or first offender probation, under | 21 | | the laws of any jurisdiction of the United States that (i) | 22 | | is a felony or (ii) is a misdemeanor, an essential element | 23 | | of which is dishonesty, or that is directly related to the | 24 | | practice of dental hygiene.
| 25 | | 10. Aiding or abetting the unlicensed practice of | 26 | | dentistry or
dental hygiene.
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| 1 | | 11. Discipline by another U.S. jurisdiction or a | 2 | | foreign nation, if at
least one of the grounds for the | 3 | | discipline is the same or substantially
equivalent to those | 4 | | set forth in this Act.
| 5 | | 12. Violating the Health Care Worker Self-Referral | 6 | | Act.
| 7 | | 13. Violating the prohibitions of Section 38.1 of this | 8 | | Act. | 9 | | 14. Engaging in dishonorable, unethical, or | 10 | | unprofessional conduct of a character likely to deceive, | 11 | | defraud, or harm the public. | 12 | | 15. A finding by the Department that the licensee, | 13 | | after having his or her license placed on probationary | 14 | | status, has violated the terms of probation.
| 15 | | 16. Material misstatement in furnishing information to | 16 | | the Department. | 17 | | 17. Failing, within 60 days, to provide information in | 18 | | response to a written request by the Department in the | 19 | | course of an investigation. | 20 | | 18. Immoral conduct in the commission of any act, | 21 | | including, but not limited to, commission of an act of | 22 | | sexual misconduct related to the licensee's practice. | 23 | | 19. Cheating on or attempting to subvert the licensing | 24 | | examination administered under this Act. | 25 | | 20. Violations of this Act or of the rules promulgated | 26 | | under this Act. |
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| 1 | | 21. Practicing under a false or, except as provided by | 2 | | law, an assumed name. | 3 | | The provisions of this Act relating to proceedings for the | 4 | | suspension
and revocation of a license to practice dentistry | 5 | | shall apply to
proceedings for the suspension or revocation of | 6 | | a license as a dental
hygienist.
| 7 | | All proceedings to suspend, revoke, place on probationary | 8 | | status, or take any other disciplinary action as the Department | 9 | | may deem proper with regard to a license on any of the grounds | 10 | | contained in this Section, must be commenced within 5 years | 11 | | after receipt by the Department of a complaint alleging the | 12 | | commission of or notice of the conviction order for any of the | 13 | | acts described in this Section. Except for fraud in procuring a | 14 | | license, no action shall be commenced more than 7 years after | 15 | | the date of the incident or act alleged to have violated this | 16 | | Section. The time during which the holder of the license was | 17 | | outside the State of Illinois shall not be included within any | 18 | | period of time limiting the commencement of disciplinary action | 19 | | by the Department. | 20 | | All fines imposed under this Section shall be paid within | 21 | | 60 days after the effective date of the order imposing the fine | 22 | | or in accordance with the terms set forth in the order imposing | 23 | | the fine. | 24 | | Any dental hygienist who has had his or her license | 25 | | suspended or revoked for more than 5 years must comply with the | 26 | | requirements for restoration set forth in Section 16 prior to |
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| 1 | | being eligible for reinstatement from the suspension or | 2 | | revocation. | 3 | | (Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
| 4 | | (225 ILCS 25/25) (from Ch. 111, par. 2325)
| 5 | | (Section scheduled to be repealed on January 1, 2016)
| 6 | | Sec. 25. Notice of hearing; investigations and informal
| 7 | | conferences. | 8 | | (a) Upon the motion of
either the Department or the Board | 9 | | or upon the verified complaint
in writing of any person setting | 10 | | forth facts which
if proven would constitute grounds for | 11 | | refusal, suspension or revocation
of license under this Act, | 12 | | the Board shall
investigate the actions of any
person, | 13 | | hereinafter called the respondent, who holds or
represents that | 14 | | he
or she holds a license. All such motions or complaints shall | 15 | | be brought to the Board.
| 16 | | (b) Prior to taking an in-person statement from a dentist | 17 | | or
dental hygienist who is the subject of a complaint, the | 18 | | investigator shall
inform the dentist or the dental hygienist | 19 | | in writing:
| 20 | | (1) that the dentist or dental hygienist is the subject | 21 | | of a complaint;
| 22 | | (2) that the dentist or dental hygienist
need not | 23 | | immediately proceed with the interview and may seek | 24 | | appropriate
consultation prior to consenting to the | 25 | | interview; and
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| 1 | | (3) that failure of the dentist or dental hygienist to | 2 | | proceed with the interview shall not prohibit the | 3 | | Department from conducting a visual inspection of the | 4 | | facility.
| 5 | | A Department investigator's failure to comply with this | 6 | | subsection may not
be the sole ground for dismissal of any | 7 | | order of the Department filed upon a
finding of a violation or | 8 | | for dismissal of a pending investigation.
| 9 | | (b-5) The duly authorized dental investigators of the | 10 | | Department shall have the right to enter and inspect, during | 11 | | business hours, the business premises of a dentist licensed | 12 | | under this Act or of a person who holds himself or herself out | 13 | | as practicing dentistry, with due consideration for patient | 14 | | care of the subject of the investigation, so as to inspect the | 15 | | physical premises and equipment and furnishings therein. This | 16 | | right of inspection shall not include inspection of business, | 17 | | medical, or personnel records located on the premises without a | 18 | | Department subpoena issued in accordance with Section 25.1 of | 19 | | this Act or Section 2105-105 of the Department of Professional | 20 | | Regulation Law of the Civil Administrative Code of Illinois. | 21 | | For the purposes of this Section, "business premises" means the | 22 | | office or offices where the dentist conducts the practice of | 23 | | dentistry. | 24 | | (c) If the Department concludes on the basis of a complaint | 25 | | or its initial
investigation that there is a possible violation | 26 | | of the Act,
the
Department may:
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| 1 | | (1) schedule a hearing pursuant to this Act; or
| 2 | | (2) request
in writing that the dentist or dental | 3 | | hygienist being investigated attend an
informal
conference | 4 | | with representatives of the Department.
| 5 | | The request for an informal conference shall contain the | 6 | | nature of the
alleged actions or
inactions that constitute the | 7 | | possible violations.
| 8 | | A dentist or dental hygienist shall be allowed to have | 9 | | legal counsel at the
informal conference. If the informal | 10 | | conference results in a consent order
between the accused | 11 | | dentist or dental hygienist and the Department, the
consent | 12 | | order
must be approved by the Secretary. However, if the | 13 | | consent order would result in a fine exceeding $10,000 or the | 14 | | suspension or revocation of the dentist or dental hygienist | 15 | | license, the consent order must be approved by the Board and | 16 | | the Secretary. Participation in
the informal conference by a | 17 | | dentist, a dental hygienist, or the Department and
any | 18 | | admissions or
stipulations made by a dentist, a dental | 19 | | hygienist, or the Department at the
informal conference,
| 20 | | including any agreements in a consent order that is | 21 | | subsequently disapproved
by either the Board or the Secretary, | 22 | | shall not be used against the dentist,
dental hygienist, or | 23 | | Department at any subsequent hearing and shall not become
a | 24 | | part of the
record of the hearing.
| 25 | | (d) The Secretary shall, before suspending, revoking, | 26 | | placing on
probationary
status, or taking any other |
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| 1 | | disciplinary action as the Secretary may deem
proper with | 2 | | regard to any license, at least 30 days prior
to the date set | 3 | | for the hearing, notify the respondent in
writing of any | 4 | | charges
made and the time and place for a hearing of the | 5 | | charges before the Board,
direct him or her to file his or her | 6 | | written answer thereto to the Board
under oath within 20 days | 7 | | after the service on him or her of such notice
and inform him | 8 | | or her that if he or she fails to file such answer default
will | 9 | | be taken against him or her and his or her license may be | 10 | | suspended,
revoked, placed on probationary status,
or other | 11 | | disciplinary action may be taken with regard thereto, including
| 12 | | limiting the scope, nature or extent of his or her practice, as | 13 | | the Secretary
may deem proper.
| 14 | | (e) Such written notice and any notice in such proceedings | 15 | | thereafter
may be
served by delivery personally to the | 16 | | respondent, or by
registered or
certified mail to the address | 17 | | last theretofore specified by the respondent
in his or her last | 18 | | notification to the Secretary.
| 19 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 20 | | (225 ILCS 25/26) (from Ch. 111, par. 2326)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 26. Disciplinary actions.
| 23 | | (a) In case the respondent, after
receiving notice, fails | 24 | | to file an answer, his or her license may, in the discretion of | 25 | | the Secretary, having first received
the recommendation of the |
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| 1 | | Board, be suspended, revoked, placed on
probationary status, or | 2 | | the Secretary may take whatever disciplinary or | 3 | | non-disciplinary action
he or she may deem proper, including | 4 | | limiting the scope, nature, or extent of the
person's practice | 5 | | or the imposition of a fine, without a hearing, if the
act or | 6 | | acts charged constitute sufficient grounds for such action | 7 | | under this
Act.
| 8 | | (b) The Secretary may temporarily suspend the license of a | 9 | | dentist or dental hygienist without a hearing,
simultaneous to | 10 | | the institution of proceedings for a hearing under this
Act, if | 11 | | the Secretary finds that evidence in his or her possession | 12 | | indicates that a
dentist's or dental hygienist's continuation | 13 | | in practice would constitute
an immediate danger to the public. | 14 | | In the event that the Secretary
temporarily suspends the | 15 | | license of a dentist or a dental hygienist without a hearing, a | 16 | | hearing by the
Board must be held within 15 days after such | 17 | | suspension has occurred.
| 18 | | (c) The entry of a judgment by any circuit court | 19 | | establishing that any
person holding a license under this Act | 20 | | is a
person subject to involuntary admission under the Mental | 21 | | Health and
Developmental Disabilities Code shall operate as a | 22 | | suspension of that
license. That person may resume his or her
| 23 | | practice only upon a finding by the Board that he or she has | 24 | | been
determined to be no longer subject to involuntary | 25 | | admission by the court
and upon the Board's recommendation to | 26 | | the Secretary that he or she be
permitted to resume his or her |
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| 1 | | practice.
| 2 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 3 | | (225 ILCS 25/29) (from Ch. 111, par. 2329)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 29. Recommendations for disciplinary action - Action | 6 | | by Secretary. The Board may advise the Secretary that probation | 7 | | be granted or
that other disciplinary action, including the | 8 | | limitation of the scope,
nature or extent of a person's | 9 | | practice, be taken, as it deems proper. If
disciplinary action | 10 | | other than suspension or revocation is taken, the Board
may | 11 | | advise that the Secretary impose reasonable limitations and | 12 | | requirements
upon the respondent to insure compliance with the | 13 | | terms of the
probation or
other disciplinary action, including, | 14 | | but not limited to, regular reporting
by the respondent to the | 15 | | Secretary of his or her actions, or the
respondent's
placing | 16 | | himself or herself under the care of a qualified physician for
| 17 | | treatment or limiting his or her practice in such manner as the | 18 | | Secretary
may require.
| 19 | | The Board shall present to the Secretary a written report | 20 | | of its findings
and recommendations. A copy of such report | 21 | | shall be served upon the
respondent,
either personally or by | 22 | | registered or certified mail. Within 20 days after
such | 23 | | service, the respondent may present to the Department his
or | 24 | | her motion
in writing for a rehearing, specifying the | 25 | | particular ground therefor. If
the respondent orders from the |
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| 1 | | reporting service and pays for a transcript of the record,
the | 2 | | time
elapsing thereafter and before such transcript is ready | 3 | | for delivery to him
or her shall not be counted as part of such | 4 | | 20 days.
| 5 | | At the expiration of the time allowed for filing a motion | 6 | | for rehearing
the Secretary may take the action recommended by | 7 | | the Board. Upon suspension,
revocation, placement on | 8 | | probationary status, or the taking of any other
disciplinary | 9 | | action, including the limiting of the scope, nature, or extent
| 10 | | of one's practice, deemed proper by the Secretary, with regard | 11 | | to the
license, the respondent
shall surrender his or
her | 12 | | license to the Department, if ordered to
do so by the | 13 | | Department, and upon his or her failure or refusal to do so,
| 14 | | the Department may seize the same.
| 15 | | In all instances under this Act in which the Board has | 16 | | rendered a
recommendation to the Secretary with respect to a | 17 | | particular person, the Secretary
shall, to the extent that he | 18 | | or she disagrees with or takes action
contrary to the | 19 | | recommendation of the Board, file with the Board his or her | 20 | | specific written reasons of disagreement. Such
reasons shall be | 21 | | filed within 30 days after the Secretary has taken the
contrary | 22 | | position.
| 23 | | Each order of revocation, suspension, or other | 24 | | disciplinary action shall
contain a brief, concise statement of | 25 | | the ground or grounds upon which the
Department's action is | 26 | | based, as well as the specific terms and conditions
of such |
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| 1 | | action. The original of this document shall be retained as a
| 2 | | permanent record by the Board and the Department. In those | 3 | | instances where
an order of revocation, suspension, or other | 4 | | disciplinary action has been
rendered by virtue of a dentist's | 5 | | or dental hygienist's physical illness,
including, but not | 6 | | limited to, deterioration through the aging process, or
loss of | 7 | | motor skill which results in an inability to practice with
| 8 | | reasonable judgment, skill, or safety, the Department shall | 9 | | permit only
this document and the record of the hearing | 10 | | incident thereto to be
observed, inspected, viewed, or copied | 11 | | pursuant to court order.
| 12 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 13 | | (225 ILCS 25/30) (from Ch. 111, par. 2330)
| 14 | | (Section scheduled to be repealed on January 1, 2016)
| 15 | | Sec. 30. Appointment of a Hearing Officer. The Secretary | 16 | | shall have
the authority to appoint any attorney duly licensed | 17 | | to practice law in the
State of Illinois to serve as the | 18 | | hearing officer if any action for refusal
to issue, renew or | 19 | | discipline of a license.
The hearing officer shall have full | 20 | | authority to conduct the hearing. The
hearing officer shall | 21 | | report his or her findings and recommendations to the Board
and | 22 | | the Secretary. The Board shall have 60 days from receipt of the | 23 | | report
to review the report of the hearing officer and present | 24 | | its findings of
fact, conclusions of law and recommendations to | 25 | | the Secretary. If the Board
fails to present its report within |
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| 1 | | the 60 day period, the Secretary shall
issue an order based on | 2 | | the report of the hearing officer. If the Secretary
determines | 3 | | that the Board's report is contrary to the manifest weight of
| 4 | | the evidence, he or she may issue an order in contravention of | 5 | | the Board's report.
| 6 | | Whenever the Secretary is satisfied that substantial | 7 | | justice has not been done in a formal disciplinary action or | 8 | | refusal to restore a license, he or she may order a | 9 | | reexamination or rehearing by the same or other hearing | 10 | | officer. | 11 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 12 | | (225 ILCS 25/41) (from Ch. 111, par. 2341)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 41. Dental Coordinator. The Department shall select a | 15 | | dental
coordinator, who shall not be a member of the Board. The | 16 | | dental
coordinator shall be a dentist. The dental coordinator | 17 | | shall be the chief
enforcement officer of the disciplinary | 18 | | provisions of this Act.
| 19 | | The Department shall employ, in conformity with the | 20 | | " Personnel Code " , such investigators as it deems necessary to | 21 | | investigate violations of this Act not
less than one full-time | 22 | | investigator for every 3,000 dentists and dental
hygienists in | 23 | | the State . Each investigator shall be a college graduate
with | 24 | | at least 2 years' investigative experience or one year of | 25 | | advanced
dental or medical education. The Department shall |
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| 1 | | employ, in conformity
with the " Personnel Code " , such other | 2 | | professional, technical, investigative
and clerical assistance | 3 | | on either a full or part-time basis, as the
Department deems | 4 | | necessary for the proper performance of its duties. The
| 5 | | Department shall retain and use such hearing officers as it | 6 | | deems
necessary. All employees of the Department shall be | 7 | | directed by, and
answerable to, the Department, with respect to | 8 | | their duties and functions.
| 9 | | (Source: P.A. 84-365 .)
| 10 | | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 50. Patient Records. Every dentist shall make
a record | 13 | | of all dental work performed for each patient. The record shall
| 14 | | be made in a manner and in sufficient detail that it may be | 15 | | used for
identification purposes.
| 16 | | Dental records required by this Section shall be maintained | 17 | | for 10 years.
Dental records required to be maintained under | 18 | | this Section, or copies
of those dental records, shall be made | 19 | | available upon request to the
patient or the patient's | 20 | | guardian. A dentist shall be entitled to reasonable | 21 | | reimbursement for the cost of reproducing these records, which | 22 | | shall not exceed the cost allowed under Section 8-2001 8-2003 | 23 | | of the Code of Civil Procedure. A dentist providing services | 24 | | through a mobile dental van or portable dental unit shall | 25 | | provide to the patient or the patient's parent or guardian, in |
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| 1 | | writing, the dentist's name, license number, address, and | 2 | | information on how the patient or the patient's parent or | 3 | | guardian may obtain the patient's dental records, as provided | 4 | | by law.
| 5 | | (Source: P.A. 97-526, eff. 1-1-12.)
| 6 | | (225 ILCS 25/35 rep.)
| 7 | | Section 15. The Illinois Dental Practice Act is amended by | 8 | | repealing Section 35. | 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect December | 17 | | 31, 2015.
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