Full Text of HB0500 99th General Assembly
HB0500ham001 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/9/2015
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| 1 | | AMENDMENT TO HOUSE BILL 500
| 2 | | AMENDMENT NO. ______. Amend House Bill 500 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing 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 Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.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.
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| 1 | | The Illinois Physical Therapy Act.
| 2 | | The Professional Geologist Licensing Act. | 3 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 4 | | 96-1246, eff. 1-1-11.) | 5 | | (5 ILCS 80/4.36 new) | 6 | | Sec. 4.36. Act repealed on January 1, 2026. The following | 7 | | Act is repealed on January 1, 2026: | 8 | | The Illinois Dental Practice Act. | 9 | | Section 10. The Illinois Dental Practice Act is amended by | 10 | | changing Sections 6, 8.5, 11, 16.1, 17, 23, 24, 25, 26, 29, 30, | 11 | | 41, and 50 and by adding Section 17.5 as follows:
| 12 | | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 6. Board of Dentistry - Report By Majority Required. | 15 | | There
is created a Board of Dentistry, to be composed of | 16 | | persons designated from
time to time by the Secretary, as | 17 | | follows:
| 18 | | Eleven persons, 8 of whom have been dentists for a period | 19 | | of 5
years or
more; 2 of whom have been dental hygienists
for a | 20 | | period of 5 years or more, and one public member.
None of the | 21 | | members shall be an officer, dean, assistant dean, or associate
| 22 | | dean of a
dental college or dental department of an institute | 23 | | of learning, nor shall any
member be
the program director of |
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| 1 | | any dental hygiene program. A board member who holds a
faculty | 2 | | position in a dental school or dental hygiene program shall not
| 3 | | participate in the
examination of applicants for licenses from | 4 | | that school or program. The
dental
hygienists shall not | 5 | | participate in the examination of
applicants for licenses
to | 6 | | practice dentistry. The public member shall not participate in | 7 | | the
examination of applicants for licenses to
practice | 8 | | dentistry or dental
hygiene. The board shall annually elect a | 9 | | chairman and vice-chairman who shall be a dentist.
| 10 | | Terms for all members shall be for 4 years. Partial terms | 11 | | over 2 years
in length shall be considered as full terms. A | 12 | | member may be reappointed
for a successive term, but no member | 13 | | shall serve more than 2 full terms in
his or her lifetime.
| 14 | | The membership of the Board shall include only residents | 15 | | from various
geographic areas of this State and shall include | 16 | | at least some graduates
from various institutions of dental | 17 | | education in this State.
| 18 | | In making appointments to the Board the Secretary shall | 19 | | give due
consideration to recommendations by organizations of | 20 | | the dental profession
in Illinois, including the Illinois State | 21 | | Dental Society and Illinois
Dental Hygienists Association, and | 22 | | shall promptly give due notice to
such organizations of any | 23 | | vacancy in the membership of the Board.
The Secretary may | 24 | | terminate the appointment of any member for cause which in
the | 25 | | opinion of the Secretary reasonably justifies such | 26 | | termination.
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| 1 | | A vacancy in the membership of the Board
shall not impair | 2 | | the right of a quorum to exercise all the rights
and perform | 3 | | all the duties of the Board.
Any action to be taken by the | 4 | | Board under this Act may be authorized
by resolution at any | 5 | | regular or special meeting, and each such resolution
shall take | 6 | | effect immediately. The Board shall meet at least quarterly.
| 7 | | The Board may adopt all rules and regulations necessary and | 8 | | incident
to its powers and duties under this Act.
| 9 | | The members of the Board shall each receive as compensation | 10 | | a reasonable
sum as determined by the Secretary for each day | 11 | | actually engaged in the
duties of the office, and all | 12 | | legitimate and necessary expense incurred in
attending the | 13 | | meetings of the Board.
| 14 | | Members of the Board shall be immune from suit in any | 15 | | action based
upon any disciplinary proceedings or other | 16 | | activities performed in good
faith as members of the Board.
| 17 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 18 | | (225 ILCS 25/8.5)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 8.5. Unlicensed practice; violation; civil penalty.
| 21 | | (a) Any person who practices, offers to practice, attempts | 22 | | to practice, or
holds oneself out to practice dentistry or | 23 | | dental hygiene without being licensed under this Act
shall, in
| 24 | | addition to any other penalty provided by law, pay a civil | 25 | | penalty to the
Department in an amount not to exceed $10,000 |
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| 1 | | for each offense
as determined by
the Department. The civil | 2 | | penalty shall be assessed by the Department after a
hearing is | 3 | | held in accordance with the provisions set forth in this Act
| 4 | | regarding the provision of a hearing for the discipline of a | 5 | | licensee.
| 6 | | (b) The Department has the authority and power to | 7 | | investigate any and all
unlicensed activity.
| 8 | | (c) The civil penalty shall be paid within 60 days after | 9 | | the effective date
of the order imposing the civil penalty. The | 10 | | order shall constitute a judgment
and may be filed and | 11 | | execution had thereon in the same manner as any judgment
from | 12 | | any court of record.
| 13 | | (Source: P.A. 88-223; 89-80, eff. 6-30-95 .)
| 14 | | (225 ILCS 25/11) (from Ch. 111, par. 2311)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 11. Types of dental licenses; dental hygienist | 17 | | licenses; licensing applicants from other states; temporary | 18 | | authorizations; temporary permits for free dental care Dental | 19 | | Licenses . The Department shall have the
authority to issue the | 20 | | following types of licenses:
| 21 | | (a) General licenses. The Department shall issue a license | 22 | | authorizing
practice as a dentist to any person who qualifies | 23 | | for a license under this Act.
| 24 | | (b) Specialty licenses. The Department shall issue a
| 25 | | license authorizing practice as a specialist in any particular
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| 1 | | branch of dentistry to any dentist who has complied with the
| 2 | | requirements established for that particular branch of | 3 | | dentistry at the
time of making application. The Department | 4 | | shall establish additional
requirements of any dentist who | 5 | | announces or holds himself or herself out
to the public as a | 6 | | specialist or as being specially qualified in any
particular | 7 | | branch of dentistry.
| 8 | | No dentist shall announce or hold himself or herself out to | 9 | | the public as
a specialist or as being specially qualified in | 10 | | any particular branch of
dentistry unless he or she is licensed | 11 | | to practice in that specialty of
dentistry.
| 12 | | The fact that any dentist shall announce by card, | 13 | | letterhead or any
other form of communication using terms as | 14 | | "Specialist," "Practice
Limited To" or "Limited to Specialty | 15 | | of" with the name of the branch of
dentistry practiced as a | 16 | | specialty, or shall use equivalent words or
phrases to announce | 17 | | the same, shall be prima facie evidence that the
dentist is | 18 | | holding himself or herself out to the public as a specialist.
| 19 | | (c) Temporary training licenses. Persons who wish to pursue
| 20 | | specialty or other advanced clinical educational programs
in an | 21 | | approved dental school or a hospital situated
in this State, or | 22 | | persons who wish to pursue programs of specialty
training in | 23 | | dental public health in public agencies in this State, may
| 24 | | receive without examination, in the discretion of the | 25 | | Department, a
temporary training license. In order to receive a | 26 | | temporary
training license under this subsection, an applicant |
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| 1 | | shall furnish
satisfactory proof to the Department that:
| 2 | | (1) The applicant is at least 21 years of age and is of | 3 | | good moral
character. In determining moral character under | 4 | | this Section, the
Department may take into consideration | 5 | | any felony conviction of the
applicant, but such a | 6 | | conviction shall not operate as bar to licensure;
| 7 | | (2) The applicant has been accepted or appointed for | 8 | | specialty or
residency training by an approved hospital | 9 | | situated in this State, by an
approved dental school | 10 | | situated in this State, or by a public health agency
in | 11 | | this State the training programs of which are recognized | 12 | | and approved by
the Department. The applicant shall | 13 | | indicate the beginning and ending
dates of the period for | 14 | | which he or she has been accepted or appointed;
| 15 | | (3) The applicant is a graduate of a dental school or | 16 | | college approved
and in good standing in the judgment of | 17 | | the Department.
The Department may consider diplomas or | 18 | | certifications of education, or both,
accompanied by | 19 | | transcripts of course work and credits awarded to determine
| 20 | | if an applicant has graduated from a dental school or | 21 | | college approved and
in good standing. The Department may | 22 | | also consider diplomas or
certifications of education, or | 23 | | both, accompanied by transcripts of course
work and credits | 24 | | awarded in determining whether a dental school or college
| 25 | | is approved and in good standing.
| 26 | | Temporary training licenses issued under this
Section |
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| 1 | | shall be valid only for the duration of the period of residency | 2 | | or
specialty training and may be extended or renewed as | 3 | | prescribed by rule.
The holder of a valid temporary training | 4 | | license shall be entitled thereby to
perform acts as may be | 5 | | prescribed by and incidental to his or her program of
residency | 6 | | or specialty training; but he or she shall not be entitled to
| 7 | | engage in the practice of dentistry in this State.
| 8 | | A temporary training license may be revoked by the
| 9 | | Department upon proof that the holder has engaged in the
| 10 | | practice of dentistry in this State outside of his or her | 11 | | program of residency
or specialty training, or if the holder | 12 | | shall fail to supply the
Department, within 10 days of its | 13 | | request, with information as to his
or her current status and | 14 | | activities in his or her specialty training program.
| 15 | | (d) Restricted faculty licenses.
Persons who have received | 16 | | full-time appointments to
teach dentistry at an approved dental | 17 | | school or hospital situated in this
State may receive without | 18 | | examination, in the discretion of the Department,
a restricted | 19 | | faculty license. In order to
receive a restricted faculty | 20 | | license an applicant shall furnish satisfactory
proof to the | 21 | | Department that:
| 22 | | (1) The applicant is at least 21 years of age, is of | 23 | | good moral
character and is licensed to
practice dentistry | 24 | | in another state or country; and
| 25 | | (2) The applicant has a full-time appointment to teach
| 26 | | dentistry at an approved
dental school or hospital situated |
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| 1 | | in this State.
| 2 | | Restricted faculty licenses issued under
this Section | 3 | | shall be
valid for a period of 3 years and may be extended or
| 4 | | renewed. The
holder of a valid restricted faculty license
may | 5 | | perform acts as may
be required by his or her teaching of | 6 | | dentistry.
In addition, the holder of a restricted faculty | 7 | | license may practice general
dentistry or in his or her area of | 8 | | specialty, but only in a clinic or office
affiliated with the | 9 | | dental school. Any restricted faculty license issued to a
| 10 | | faculty member under this Section shall terminate immediately | 11 | | and
automatically,
without any further action by the | 12 | | Department, if the holder ceases to be a
faculty member at an | 13 | | approved dental school or hospital in this State.
| 14 | | The Department may revoke a restricted faculty license for | 15 | | a violation of
this Act or its rules, or if the holder fails to
| 16 | | supply the Department, within 10 days of its request, with | 17 | | information as
to his current status and activities in his | 18 | | teaching program.
| 19 | | (d-5) Necessity for licensure of dental hygienists. No | 20 | | person, unless a dentist, shall perform the operative | 21 | | procedures of dental hygiene without first applying for and | 22 | | obtaining a license for such purpose.
The Department shall | 23 | | issue a license authorizing practice as a dental hygienist to | 24 | | any person who qualifies for such license pursuant to this Act.
| 25 | | In addition to the license authorized by this subsection (d-5), | 26 | | the Department shall deliver to each dental hygienist a |
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| 1 | | separate certificate of identification in a form specified by | 2 | | the Department. | 3 | | (e) Inactive status. Any person who holds one of the | 4 | | licenses
under subsection (a) or (b) of Section 11 or under | 5 | | Section 12 of this Act may
elect, upon payment of
the required | 6 | | fee, to place his or her license on an inactive status and | 7 | | shall,
subject to the rules of the
Department, be excused from | 8 | | the payment of renewal fees until he or she
notifies the | 9 | | Department in writing of his or her desire to resume active
| 10 | | status.
| 11 | | Any licensee requesting restoration from inactive status | 12 | | shall be
required to pay the current renewal fee and upon | 13 | | payment the Department
shall be required to restore his or her | 14 | | license, as provided in Section 16 of
this Act.
| 15 | | Any licensee whose license is in an
inactive status shall | 16 | | not practice in the State of Illinois.
| 17 | | (f) Certificates of Identification. In addition to the | 18 | | licenses
authorized by this Section, the Department shall | 19 | | deliver to each dentist a
certificate of identification in a | 20 | | form specified by the Department.
| 21 | | (g) Licensing applicants from other states. Any person who | 22 | | has been lawfully licensed to practice dentistry, including the | 23 | | practice of a licensed dental specialty, or dental hygiene in | 24 | | another state or territory which has and maintains a standard | 25 | | for the practice of dentistry, a dental specialty, or dental | 26 | | hygiene at least equal to that now maintained in this State, or |
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| 1 | | if the requirements for licensure in such state or territory in | 2 | | which the applicant was licensed were, at the date of his or | 3 | | her licensure, substantially equivalent to the requirements | 4 | | then in force in this State, and who has been lawfully engaged | 5 | | in the practice of dentistry or dental hygiene for at least 3 | 6 | | of the 5 years immediately preceding the filing of his or her | 7 | | application to practice in this State and who shall deposit | 8 | | with the Department a duly attested certificate from the Board | 9 | | of the state or territory in which he or she is licensed, | 10 | | certifying to the fact of his or her licensing and of his or | 11 | | her being a person of good moral character may, upon payment of | 12 | | the required fee, be granted a license to practice dentistry, a | 13 | | dental specialty, or dental hygiene in this State, as the case | 14 | | may be. | 15 | | For the purposes of this Section, "substantially | 16 | | equivalent" means that the applicant has presented evidence of | 17 | | completion and graduation from an American Dental Association | 18 | | accredited dental college or school in the United States or | 19 | | Canada, presented evidence that the applicant has passed both | 20 | | parts of the National Board Dental Examination, and | 21 | | successfully completed an examination conducted by a regional | 22 | | testing service. In computing 3 of the immediately preceding 5 | 23 | | years of practice in another state or territory, any person who | 24 | | left the practice of dentistry to enter the military service | 25 | | and who practiced dentistry while in the military service may | 26 | | count as a part of such period the time spent by him or her in |
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| 1 | | such service. | 2 | | Applicants have 3 years from the date of application to | 3 | | complete the application process. If the process has not been | 4 | | completed in 3 years, the application shall be denied, the fee | 5 | | forfeited, and the applicant must reapply and meet the | 6 | | requirements in effect at the time of reapplication. | 7 | | (h) Temporary authorization of applicants from other | 8 | | jurisdictions. A person holding an active, unencumbered | 9 | | license in good standing in another jurisdiction who applies | 10 | | for a license pursuant to subsection (g) of this Section due to | 11 | | a natural disaster or catastrophic event in another | 12 | | jurisdiction may be temporarily authorized by the Secretary to | 13 | | practice dentistry or dental hygiene under the supervision of a | 14 | | dentist licensed under this Act, pending the issuance of the | 15 | | license. This temporary authorization shall expire upon | 16 | | issuance of the license or upon notification that the | 17 | | Department has denied licensure.
The Department may adopt all | 18 | | rules necessary for the administration of this Section. | 19 | | (i) Temporary permit for free dental care. | 20 | | (1) The Department may issue a temporary permit | 21 | | authorizing the practice in this State, without | 22 | | compensation, of dentistry or dental hygiene to an | 23 | | applicant who is licensed to practice dentistry or dental | 24 | | hygiene in another state, if all of the following apply: | 25 | | (A) The Department determines that the applicant's | 26 | | services will improve the welfare of Illinois |
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| 1 | | residents. | 2 | | (B) The Department determines that the applicant | 3 | | is
qualified and satisfies the criteria specified | 4 | | under Sections 9 and 13 of this Act, except for the | 5 | | examination requirement. | 6 | | (2) The Department may not require the applicant to | 7 | | pass an examination as provided in subsection (e) of | 8 | | Section 9 of this Act in order to receive a temporary | 9 | | permit under this subsection (i). | 10 | | (3) A temporary permit under this Section shall | 11 | | authorize the practice of dentistry or dental hygiene in a | 12 | | specified area of the State for a period of time not to | 13 | | exceed 10 consecutive days in a year and may be renewed by | 14 | | the Department. The Department may require an applicant to | 15 | | pay a fee for the issuance or renewal of a permit under | 16 | | this subsection (i). | 17 | | (4) The Secretary may summarily terminate any permit | 18 | | issued pursuant to this subsection (i), without a hearing, | 19 | | if the Secretary finds that evidence in his or her | 20 | | possession indicates that an individual permit holder's | 21 | | continuation in practice would constitute an imminent | 22 | | danger to the public. In the event that the Secretary | 23 | | summarily suspends a permit issued pursuant to this | 24 | | subsection (i), the permit holder may petition the | 25 | | Department for a hearing in accordance with the provisions | 26 | | of this Act to reinstate his or her permit.
In addition to |
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| 1 | | terminating any permit issued pursuant to this subsection | 2 | | (i), the Department may issue a monetary penalty not to | 3 | | exceed $1,000 upon the permit holder and may notify any | 4 | | state in which the permit holder has been issued a license | 5 | | that his or her Illinois permit has been terminated and the | 6 | | reasons for the termination. The monetary penalty shall be | 7 | | paid within 60 days after the effective date of the order | 8 | | imposing the penalty. The order shall constitute a judgment | 9 | | and may be filed and execution had thereon in the same | 10 | | manner as any judgment from any court of record. It is the | 11 | | intent of the General Assembly that a permit issued | 12 | | pursuant to this subsection (i) shall be considered a | 13 | | privilege and not a property right. | 14 | | (Source: P.A. 94-409, eff. 12-31-05.)
| 15 | | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 16.1. Continuing education. The Department shall | 18 | | promulgate
rules of continuing education for persons licensed | 19 | | under
this Act. In establishing rules, the Department shall | 20 | | require a minimum of
48 hours of study in approved courses for | 21 | | dentists during each 3-year
licensing period and a minimum of | 22 | | 36 hours of study in approved courses for
dental hygienists | 23 | | during each 3-year licensing period.
| 24 | | The Department shall approve only courses that are relevant | 25 | | to the
treatment and care of patients, including, but not |
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| 1 | | limited to, clinical
courses in dentistry and dental hygiene | 2 | | and nonclinical courses such as
patient management, legal and | 3 | | ethical responsibilities, and stress
management. The | 4 | | Department shall allow up to 4 hours of continuing education | 5 | | credit hours per license renewal period for volunteer hours | 6 | | spent providing clinical services at, or sponsored by, a | 7 | | nonprofit community clinic, local or state health department, | 8 | | or a charity event. Courses shall not be approved in such | 9 | | subjects as estate and
financial planning, investments, or | 10 | | personal health. Approved courses may
include, but shall not be | 11 | | limited to, courses that are offered or sponsored
by approved | 12 | | colleges, universities, and hospitals and by recognized
| 13 | | national, State, and local dental and dental hygiene | 14 | | organizations.
| 15 | | No license shall be renewed unless the
renewal application | 16 | | is accompanied by an affidavit indicating that the
applicant | 17 | | has completed the required minimum number of hours of | 18 | | continuing
education in approved courses as required by this | 19 | | Section.
The affidavit shall not require a listing of courses. | 20 | | The affidavit
shall be a prima facie evidence that the | 21 | | applicant has obtained the minimum
number of required | 22 | | continuing education hours in approved courses. The
Department | 23 | | shall not be obligated to conduct random
audits or otherwise | 24 | | independently verify that an applicant has met the
continuing | 25 | | education requirement.
The Department, however, may not | 26 | | conduct random audits
of more than 10% of the licensed
dentists |
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| 1 | | and dental hygienists in any one licensing cycle
to verify | 2 | | compliance
with continuing education requirements.
If the | 3 | | Department, however, receives a
complaint that a licensee has | 4 | | not completed the required continuing
education or if the | 5 | | Department is investigating another alleged violation
of this | 6 | | Act by a licensee, the Department may demand and shall be | 7 | | entitled
to receive evidence from any licensee of completion of | 8 | | required
continuing education courses for the most recently | 9 | | completed 3-year
licensing period.
Evidence of continuing | 10 | | education may include, but is not limited to, canceled
checks, | 11 | | official verification forms of attendance, and continuing | 12 | | education
recording forms, that demonstrate a reasonable | 13 | | record of attendance. The
Board shall determine, in accordance | 14 | | with rules adopted by the
Department,
whether a licensee or | 15 | | applicant has met the continuing education
requirements.
Any | 16 | | dentist who holds more than one license under this
Act shall be | 17 | | required to complete
only the minimum number of hours of | 18 | | continuing education required for
renewal of a single license. | 19 | | The Department may provide exemptions from
continuing | 20 | | education requirements. The exemptions shall include, but | 21 | | shall
not be limited to, dentists and dental hygienists who | 22 | | agree not to practice
within the State during the licensing | 23 | | period because they are retired from
practice.
| 24 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| 25 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 17. Acts Constituting the Practice of Dentistry. A | 3 | | person
practices dentistry, within the meaning of this Act:
| 4 | | (1) Who represents himself or herself as being able to | 5 | | diagnose or diagnoses,
treats, prescribes, or operates for | 6 | | any disease, pain, deformity, deficiency,
injury, or | 7 | | physical condition of the human tooth, teeth, alveolar | 8 | | process,
gums or jaw; or
| 9 | | (2) Who is a manager, proprietor, operator or conductor | 10 | | of a
business where
dental operations are performed; or
| 11 | | (3) Who performs dental operations of any kind; or
| 12 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 13 | | diagnostic purposes; or
| 14 | | (5) Who extracts a human tooth or teeth, or corrects or | 15 | | attempts to
correct
malpositions of the human teeth or | 16 | | jaws; or
| 17 | | (6) Who offers or undertakes, by any means or method, | 18 | | to diagnose, treat
or remove stains, calculus, and bonding | 19 | | materials from human teeth or jaws; or
| 20 | | (7) Who uses or administers local or general | 21 | | anesthetics in the treatment
of dental or oral diseases or | 22 | | in any preparation incident to a dental operation
of any | 23 | | kind or character; or
| 24 | | (8) Who takes impressions of the human tooth, teeth, or | 25 | | jaws or performs
any phase of any operation incident to the | 26 | | replacement of a part of a tooth,
a tooth, teeth or |
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| 1 | | associated tissues by means of a filling, crown, a bridge,
| 2 | | a denture or other appliance; or
| 3 | | (9) Who offers to furnish, supply, construct, | 4 | | reproduce or repair, or
who furnishes, supplies, | 5 | | constructs, reproduces or repairs, prosthetic
dentures, | 6 | | bridges or other substitutes for natural teeth, to the user | 7 | | or
prospective user thereof; or
| 8 | | (10) Who instructs students on clinical matters or | 9 | | performs any clinical
operation included in the curricula | 10 | | of recognized dental schools and colleges; or
| 11 | | (11) Who takes impressions of human teeth or places his | 12 | | or her hands in the mouth of any person for the purpose of | 13 | | applying teeth whitening materials, or who takes | 14 | | impressions of human teeth or places his or her hands in | 15 | | the mouth of any person for the purpose of assisting in the | 16 | | application of teeth whitening materials. A person does not | 17 | | practice dentistry when he or she discloses to the consumer | 18 | | that he or she is not licensed as a dentist under this Act | 19 | | and (i) discusses the use of teeth whitening materials with | 20 | | a consumer purchasing these materials; (ii) provides | 21 | | instruction on the use of teeth whitening materials with a | 22 | | consumer purchasing these materials; or (iii) provides | 23 | | appropriate equipment on-site to the consumer for the | 24 | | consumer to self-apply teeth whitening materials. | 25 | | The fact that any person engages in or performs, or offers | 26 | | to engage in
or perform, any of the practices, acts, or |
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| 1 | | operations set forth in this
Section, shall be prima facie | 2 | | evidence that such person is engaged in the
practice of | 3 | | dentistry.
| 4 | | The following practices, acts, and operations, however, | 5 | | are exempt from
the operation of this Act:
| 6 | | (a) The rendering of dental relief in emergency cases | 7 | | in the practice
of his or her profession by a physician or | 8 | | surgeon, licensed as such
under the laws of this State, | 9 | | unless he or she undertakes to reproduce or reproduces
lost | 10 | | parts of the human teeth in the mouth or to restore or | 11 | | replace lost
or missing teeth in the mouth; or
| 12 | | (b) The practice of dentistry in the discharge of their | 13 | | official duties
by dentists in any branch of the Armed | 14 | | Services of the United States, the
United States Public | 15 | | Health Service, or the United States Veterans
| 16 | | Administration; or
| 17 | | (c) The practice of dentistry by students in their | 18 | | course of study
in dental schools or colleges approved by | 19 | | the Department, when acting under the
direction and | 20 | | supervision of dentists acting as instructors; or
| 21 | | (d) The practice of dentistry by clinical instructors | 22 | | in the course of
their teaching duties in dental schools or | 23 | | colleges approved by the
Department:
| 24 | | (i) when acting under the direction and | 25 | | supervision of dentists,
provided that such clinical | 26 | | instructors have instructed continuously in
this State |
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| 1 | | since January 1, 1986; or
| 2 | | (ii) when holding the rank of full professor at | 3 | | such approved dental
school or college and possessing a | 4 | | current valid license or authorization
to practice | 5 | | dentistry in another country; or
| 6 | | (e) The practice of dentistry by licensed dentists of | 7 | | other states or
countries at meetings of the Illinois State | 8 | | Dental Society or component
parts thereof, alumni meetings | 9 | | of dental colleges, or any other like dental
organizations, | 10 | | while appearing as clinicians; or
| 11 | | (f) The use of X-Ray machines for exposing X-Ray films | 12 | | of dental or oral
tissues by dental hygienists or dental | 13 | | assistants; or
| 14 | | (g) The performance of any dental service by a dental | 15 | | assistant, if such
service is performed under the | 16 | | supervision and full responsibility of a
dentist.
| 17 | | For purposes of this paragraph (g), "dental service" is | 18 | | defined to mean
any intraoral procedure or act which shall | 19 | | be prescribed by rule or
regulation of the Department. | 20 | | Dental service, however, shall not include:
| 21 | | (1) Any and all diagnosis of or prescription for | 22 | | treatment of disease,
pain, deformity, deficiency, | 23 | | injury or physical condition of the human teeth
or | 24 | | jaws, or adjacent structures.
| 25 | | (2) Removal of, or restoration of, or addition
to | 26 | | the hard or soft tissues of the oral cavity , except for |
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| 1 | | the placing, carving, and finishing of amalgam | 2 | | restorations by dental assistants who have had | 3 | | additional formal education and certification as | 4 | | determined by the Department. A dentist utilizing | 5 | | dental assistants shall not supervise more than 4 | 6 | | dental assistants at any one time for placing, carving, | 7 | | and finishing of amalgam restorations .
| 8 | | (3) Any and all correction of malformation of teeth | 9 | | or of the jaws.
| 10 | | (4) Administration of anesthetics , except for | 11 | | monitoring of
nitrous oxide, conscious sedation, deep | 12 | | sedation, and general anesthetic as provided in | 13 | | Section 8.1 of this Act, that may be performed only | 14 | | after successful completion of a training
program | 15 | | approved by the Department. A dentist utilizing dental | 16 | | assistants shall not supervise more than 4 dental | 17 | | assistants at any one time for the monitoring of | 18 | | nitrous oxide .
| 19 | | (5) Removal of calculus from human teeth.
| 20 | | (6) Taking of impressions for the fabrication of | 21 | | prosthetic
appliances,
crowns,
bridges, inlays, | 22 | | onlays, or other restorative or replacement
dentistry.
| 23 | | (7) The operative procedure of dental hygiene | 24 | | consisting of oral
prophylactic procedures , except for | 25 | | coronal polishing and pit and fissure sealants,
which | 26 | | may be
performed by a
dental assistant who has |
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| 1 | | successfully completed a training program approved by
| 2 | | the Department. Dental assistants may perform coronal | 3 | | polishing under the
following circumstances: (i) the | 4 | | coronal polishing shall be limited to
polishing the
| 5 | | clinical crown of the tooth and existing restorations, | 6 | | supragingivally; (ii)
the
dental assistant performing | 7 | | the coronal polishing shall be limited to the use
of
| 8 | | rotary instruments using a rubber cup or brush | 9 | | polishing method (air polishing
is
not permitted); and | 10 | | (iii) the supervising dentist shall not supervise more
| 11 | | than 4
dental assistants at any one time for the task | 12 | | of coronal polishing or pit and fissure sealants .
| 13 | | The limitations on the number of dental assistants a | 14 | | dentist may supervise contained in items (2), (4), and (7) | 15 | | of this paragraph (g) mean a limit of 4 total dental | 16 | | assistants or dental hygienists doing expanded functions | 17 | | covered by these Sections being supervised by one dentist. | 18 | | (h) The practice of dentistry by an individual who:
| 19 | | (i) has applied in writing to the Department, in | 20 | | form and substance
satisfactory to the Department, for | 21 | | a general dental license and has
complied with all | 22 | | provisions of Section 9 of this Act, except for the
| 23 | | passage of the examination specified in subsection (e) | 24 | | of Section 9 of this
Act; or
| 25 | | (ii) has applied in writing to the Department, in | 26 | | form and substance
satisfactory to the Department, for |
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| 1 | | a temporary dental license and has
complied with all | 2 | | provisions of subsection (c) of Section 11 of this Act; | 3 | | and
| 4 | | (iii) has been accepted or appointed for specialty | 5 | | or residency training
by a hospital situated in this | 6 | | State; or
| 7 | | (iv) has been accepted or appointed for specialty | 8 | | training in an
approved dental program situated in this | 9 | | State; or
| 10 | | (v) has been accepted or appointed for specialty | 11 | | training in a dental
public health agency situated in | 12 | | this State.
| 13 | | The applicant shall be permitted to practice dentistry | 14 | | for a period of 3
months from the starting date of the | 15 | | program, unless authorized in writing
by the Department to | 16 | | continue such practice for a period specified in
writing by | 17 | | the Department.
| 18 | | The applicant shall only be entitled to perform such | 19 | | acts as may be
prescribed by and incidental to his or her | 20 | | program of residency or specialty
training and shall not | 21 | | otherwise engage in the practice of dentistry in this
| 22 | | State.
| 23 | | The authority to practice shall terminate immediately | 24 | | upon:
| 25 | | (1) the decision of the Department that the | 26 | | applicant has failed the
examination; or
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| 1 | | (2) denial of licensure by the Department; or
| 2 | | (3) withdrawal of the application.
| 3 | | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | 4 | | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | 5 | | 8-16-13; 98-756, eff. 7-16-14.)
| 6 | | (225 ILCS 25/17.5 new) | 7 | | Sec. 17.5. Expanded functions for dental assistant. A | 8 | | dental assistant operating under the supervision and full | 9 | | responsibility of a dentist may perform the following services | 10 | | upon completion of appropriate training: | 11 | | (1) placing, carving, and finishing of amalgam | 12 | | restorations by dental assistants who have had additional | 13 | | formal education and certification as determined by the | 14 | | Department; a dentist utilizing dental assistants shall | 15 | | not supervise more than 4 dental assistants at any one time | 16 | | for placing, carving, and finishing of amalgam | 17 | | restorations; | 18 | | (2) monitoring of nitrous oxide, conscious sedation, | 19 | | deep sedation, and general anesthetic as provided in | 20 | | Section 8.1 of this Act, that may be performed only after | 21 | | successful completion of a training program approved by the | 22 | | Department; a dentist utilizing dental assistants shall | 23 | | not supervise more than 4 dental assistants at any one time | 24 | | for the monitoring of nitrous oxide; and | 25 | | (3) coronal polishing and pit and fissure sealants, |
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| 1 | | which may be performed by a dental assistant who has | 2 | | successfully completed a training program approved by the | 3 | | Department; dental assistants may perform coronal | 4 | | polishing under the following circumstances: (1) the | 5 | | coronal polishing shall be limited to polishing the | 6 | | clinical crown of the tooth and existing restorations, | 7 | | supragingivally; (2) the dental assistant performing the | 8 | | coronal polishing shall be limited to the use of rotary | 9 | | instruments using a rubber cup or brush polishing method | 10 | | (air polishing is not permitted); and (3) the supervising | 11 | | dentist shall not supervise more than 4 dental assistants | 12 | | at any one time for the task of coronal polishing or pit | 13 | | and fissure sealants. | 14 | | The limitations on the number of dental assistants a | 15 | | dentist may supervise contained in this Section mean a limit of | 16 | | 4 total dental assistants or dental hygienists doing expanded | 17 | | functions covered by this Section being supervised by one | 18 | | dentist.
| 19 | | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 23. Refusal, revocation or suspension of dental | 22 | | licenses. The
Department may refuse to issue or renew, or may | 23 | | revoke, suspend, place on
probation, reprimand or take other | 24 | | disciplinary or non-disciplinary action as the Department
may | 25 | | deem proper, including imposing fines not to exceed $10,000 per |
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| 1 | | violation, with
regard to any license for any one or any | 2 | | combination of
the following causes:
| 3 | | 1. Fraud or misrepresentation in applying for or | 4 | | procuring a license under this Act, or in connection with | 5 | | applying for renewal of a license under this Act.
| 6 | | 2. Inability to practice with reasonable judgment, | 7 | | skill, or safety as a result of habitual or excessive use | 8 | | or addiction to alcohol, narcotics, stimulants, or any | 9 | | other chemical agent or drug.
| 10 | | 3. Willful or repeated violations of the rules of the | 11 | | Department of
Public Health or Department of Nuclear | 12 | | Safety.
| 13 | | 4. Acceptance of a fee for service as a witness, | 14 | | without the
knowledge of the court, in addition to the fee | 15 | | allowed by the court.
| 16 | | 5. Division of fees or agreeing to split or divide the | 17 | | fees received
for dental services with any person for | 18 | | bringing or referring a patient,
except in regard to | 19 | | referral services as provided for under Section 45,
or | 20 | | assisting in the care or treatment of a patient,
without | 21 | | the
knowledge of the patient or his or her legal | 22 | | representative. Nothing in this item 5 affects any bona | 23 | | fide independent contractor or employment arrangements | 24 | | among health care professionals, health facilities, health | 25 | | care providers, or other entities, except as otherwise | 26 | | prohibited by law. Any employment arrangements may include |
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| 1 | | provisions for compensation, health insurance, pension, or | 2 | | other employment benefits for the provision of services | 3 | | within the scope of the licensee's practice under this Act. | 4 | | Nothing in this item 5 shall be construed to require an | 5 | | employment arrangement to receive professional fees for | 6 | | services rendered.
| 7 | | 6. Employing, procuring, inducing, aiding or abetting | 8 | | a person not
licensed or registered as a dentist or dental | 9 | | hygienist to engage in the practice of
dentistry or dental | 10 | | hygiene . The person practiced upon is not an accomplice, | 11 | | employer,
procurer, inducer, aider, or abetter within the | 12 | | meaning of this Act.
| 13 | | 7. Making any misrepresentations or false promises, | 14 | | directly or
indirectly, to influence, persuade or induce | 15 | | dental patronage.
| 16 | | 8. Professional connection or association with or | 17 | | lending his or her name
to another for the illegal practice | 18 | | of dentistry by another, or
professional connection or | 19 | | association with any person, firm or
corporation holding | 20 | | himself, herself, themselves, or itself out in any manner
| 21 | | contrary to this Act.
| 22 | | 9. Obtaining or seeking to obtain practice, money, or | 23 | | any other
things of value by false or fraudulent | 24 | | representations, but
not limited to, engaging in such | 25 | | fraudulent practice to defraud the
medical assistance | 26 | | program of the Department of Healthcare and Family Services |
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| 1 | | (formerly Department of Public Aid) under the Illinois | 2 | | Public Aid Code.
| 3 | | 10. Practicing under a false or, except as provided by | 4 | | law, an assumed name.
| 5 | | 11. Engaging in dishonorable,
unethical, or | 6 | | unprofessional conduct of a character likely to deceive,
| 7 | | defraud, or harm the public.
| 8 | | 12. Conviction by plea of guilty or nolo contendere, | 9 | | finding of guilt, jury verdict, or entry of judgment or by | 10 | | sentencing for any crime, including, but not limited to, | 11 | | convictions, preceding sentences of supervision, | 12 | | conditional discharge, or first offender probation, under | 13 | | the laws of any jurisdiction of the United States that (i) | 14 | | is a felony under the laws of this State or (ii) is a | 15 | | misdemeanor, an essential element of which is dishonesty, | 16 | | or that is directly related to the practice of dentistry.
| 17 | | 13. Permitting a dental hygienist, dental assistant or | 18 | | other person
under his or her supervision to perform
any | 19 | | operation not authorized by this Act.
| 20 | | 14. Permitting more than 4 dental hygienists to be | 21 | | employed under
his or her supervision at any one time.
| 22 | | 15. A violation of any provision of this
Act or any | 23 | | rules promulgated under this Act.
| 24 | | 16. Taking impressions for or using the services of any | 25 | | person, firm
or corporation violating this Act.
| 26 | | 17. Violating any provision of Section 45 relating to |
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| 1 | | advertising.
| 2 | | 18. Discipline by another U.S. jurisdiction or foreign | 3 | | nation,
if at least one of the grounds for the discipline | 4 | | is the
same or substantially equivalent to those set forth | 5 | | within this Act.
| 6 | | 19. Willfully failing to report an instance of | 7 | | suspected child abuse or
neglect as required by the Abused | 8 | | and Neglected Child Reporting
Act.
| 9 | | 20. Gross negligence in practice under this Act.
| 10 | | 21. The use or prescription for use of narcotics or | 11 | | controlled substances
or designated products as listed in | 12 | | the Illinois Controlled Substances
Act, in any way other | 13 | | than for therapeutic purposes.
| 14 | | 22. Willfully making or filing false records or reports | 15 | | in his or her practice
as a dentist, including, but not | 16 | | limited to, false records to support claims
against the | 17 | | dental assistance program of the Department of Healthcare | 18 | | and Family Services (formerly
Illinois Department of | 19 | | Public
Aid).
| 20 | | 23. Professional incompetence as manifested by poor | 21 | | standards of care.
| 22 | | 24. Physical or mental illness, including, but not | 23 | | limited to,
deterioration
through
the aging process, or | 24 | | loss of motor skills which results in a dentist's
inability | 25 | | to practice dentistry with reasonable judgment, skill or | 26 | | safety. In
enforcing this paragraph, the Department may |
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| 1 | | compel a person licensed to
practice under this Act to | 2 | | submit to a mental or physical examination pursuant
to the | 3 | | terms and conditions of Section 23b.
| 4 | | 25. Gross or repeated irregularities in billing for | 5 | | services rendered
to a patient. For purposes of this | 6 | | paragraph 25, "irregularities in billing"
shall include:
| 7 | | (a) Reporting excessive charges for the purpose of | 8 | | obtaining a total
payment
in excess of that usually | 9 | | received by the dentist for the services rendered.
| 10 | | (b) Reporting charges for services not rendered.
| 11 | | (c) Incorrectly reporting services rendered for | 12 | | the purpose of obtaining
payment not earned.
| 13 | | 26. Continuing the active practice of dentistry while | 14 | | knowingly having
any infectious, communicable, or | 15 | | contagious disease proscribed by rule or
regulation of the | 16 | | Department.
| 17 | | 27. Being named as a perpetrator in an indicated report | 18 | | by the
Department of Children and Family Services pursuant | 19 | | to the Abused and
Neglected Child Reporting Act, and upon
| 20 | | proof by clear and convincing evidence that the licensee | 21 | | has
caused a child to be an abused child or neglected child | 22 | | as defined in the
Abused and Neglected Child Reporting Act.
| 23 | | 28. Violating the Health Care Worker Self-Referral | 24 | | Act.
| 25 | | 29. Abandonment of a patient.
| 26 | | 30. Mental incompetency as declared by a court of |
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| 1 | | competent
jurisdiction.
| 2 | | 31. A finding by the Department that the licensee, | 3 | | after having his or her license placed on probationary | 4 | | status, has violated the terms of probation. | 5 | | 32. Material misstatement in furnishing information to | 6 | | the Department. | 7 | | 33. Failing, within 60 days, to provide information in | 8 | | response to a written request by the Department in the | 9 | | course of an investigation. | 10 | | 34. Immoral conduct in the commission of any act, | 11 | | including, but not limited to, commission of an act of | 12 | | sexual misconduct related to the licensee's practice. | 13 | | 35. Cheating on or attempting to subvert the licensing | 14 | | examination administered under this Act. | 15 | | 36. A pattern of practice or other behavior that | 16 | | demonstrates incapacity or incompetence to practice under | 17 | | this Act. | 18 | | 37. Failure to establish and maintain records of | 19 | | patient care and treatment as required under this Act. | 20 | | 38. Failure to provide copies of dental records as | 21 | | required by law. | 22 | | All proceedings to suspend, revoke, place on probationary | 23 | | status, or
take any other disciplinary action as the Department | 24 | | may deem proper, with
regard to a license on any of the | 25 | | foregoing grounds, must be commenced
within 5 3 years after | 26 | | receipt by the Department of a complaint alleging the
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| 1 | | commission of or notice of the conviction order for any of the | 2 | | acts
described herein. Except for fraud in procuring a license, | 3 | | no
action shall be commenced more than 7 5 years after the date | 4 | | of the incident
or act alleged to have violated this Section. | 5 | | The time during which the
holder of the license was outside the | 6 | | State of Illinois shall not be
included within any period of | 7 | | time limiting the commencement of
disciplinary action by the | 8 | | Department.
| 9 | | All fines imposed under this Section shall be paid within | 10 | | 60 days after the effective date of the order imposing the fine | 11 | | or in accordance with the terms set forth in the order imposing | 12 | | the fine. | 13 | | The Department may refuse to issue or may suspend the | 14 | | license of any
person who fails to file a return, or to pay the | 15 | | tax, penalty or interest
shown in a filed return, or to pay any | 16 | | final assessment of tax, penalty or
interest, as required by | 17 | | any tax Act administered by the Illinois
Department of Revenue, | 18 | | until such time as the requirements of
any such tax Act are | 19 | | satisfied.
| 20 | | Any dentist who has had his or her license suspended or | 21 | | revoked for more than 5 years must comply with the requirements | 22 | | for restoration set forth in Section 16 prior to being eligible | 23 | | for reinstatement from the suspension or revocation. | 24 | | (Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; | 25 | | 97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
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| 1 | | (225 ILCS 25/24) (from Ch. 111, par. 2324)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 24. Refusal, Suspension or Revocation of Dental | 4 | | Hygienist License. The
Department may refuse to issue or renew | 5 | | or
may revoke, suspend, place on probation, reprimand or take | 6 | | other
disciplinary or non-disciplinary action as the | 7 | | Department may deem proper, including imposing fines not
to | 8 | | exceed $10,000 per violation, with regard to any dental | 9 | | hygienist license
for any one or any combination of the | 10 | | 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. Performing any operation not authorized by this Act.
| 15 | | 3. Practicing dental hygiene other than under the | 16 | | supervision of a
licensed dentist as provided by this Act.
| 17 | | 4. The wilful violation of, or the wilful procuring of, | 18 | | or knowingly
assisting in the violation of, any Act which | 19 | | is now or which hereafter may
be in force in this State | 20 | | relating to the use of habit-forming drugs.
| 21 | | 5. The obtaining of, or an attempt to obtain a license, | 22 | | or practice in the profession, or money, or any other thing
| 23 | | of value by fraudulent representation.
| 24 | | 6. Gross negligence in performing the operative | 25 | | procedure of dental
hygiene.
| 26 | | 7. Active practice of dental hygiene while knowingly |
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| 1 | | having any
infectious, communicable, or contagious disease | 2 | | proscribed by rule
or regulation of the Department.
| 3 | | 8. Inability to practice with reasonable judgment, | 4 | | skill, or safety as a result of habitual or excessive use | 5 | | or addiction to alcohol, narcotics, stimulants, or any | 6 | | other chemical agent or drug.
| 7 | | 9. Conviction by plea of guilty or nolo contendere, | 8 | | finding of guilt, jury verdict, or entry of judgment or by | 9 | | sentencing of any crime, including, but not limited to, | 10 | | convictions, preceding sentences of supervision, | 11 | | conditional discharge, or first offender probation, under | 12 | | the laws of any jurisdiction of the United States that (i) | 13 | | is a felony or (ii) is a misdemeanor, an essential element | 14 | | of which is dishonesty, or that is directly related to the | 15 | | practice of dental hygiene.
| 16 | | 10. Aiding or abetting the unlicensed practice of | 17 | | dentistry or
dental hygiene.
| 18 | | 11. Discipline by another U.S. jurisdiction or a | 19 | | foreign nation, if at
least one of the grounds for the | 20 | | discipline is the same or substantially
equivalent to those | 21 | | set forth in this Act.
| 22 | | 12. Violating the Health Care Worker Self-Referral | 23 | | Act.
| 24 | | 13. Violating the prohibitions of Section 38.1 of this | 25 | | Act. | 26 | | 14. Engaging in dishonorable, unethical, or |
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| 1 | | unprofessional conduct of a character likely to deceive, | 2 | | defraud, or harm the public. | 3 | | 15. A finding by the Department that the licensee, | 4 | | after having his or her license placed on probationary | 5 | | status, has violated the terms of probation.
| 6 | | 16. Material misstatement in furnishing information to | 7 | | the Department. | 8 | | 17. Failing, within 60 days, to provide information in | 9 | | response to a written request by the Department in the | 10 | | course of an investigation. | 11 | | 18. Immoral conduct in the commission of any act, | 12 | | including, but not limited to, commission of an act of | 13 | | sexual misconduct related to the licensee's practice. | 14 | | 19. Cheating on or attempting to subvert the licensing | 15 | | examination administered under this Act. | 16 | | 20. Violations of this Act or of the rules promulgated | 17 | | under this Act. | 18 | | 21. Practicing under a false or, except as provided by | 19 | | law, an assumed name. | 20 | | The provisions of this Act relating to proceedings for the | 21 | | suspension
and revocation of a license to practice dentistry | 22 | | shall apply to
proceedings for the suspension or revocation of | 23 | | a license as a dental
hygienist.
| 24 | | All proceedings to suspend, revoke, place on probationary | 25 | | status, or take any other disciplinary action as the Department | 26 | | may deem proper with regard to a license on any of the grounds |
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| 1 | | contained in this Section, must be commenced within 5 years | 2 | | after receipt by the Department of a complaint alleging the | 3 | | commission of or notice of the conviction order for any of the | 4 | | acts described in this Section. Except for fraud in procuring a | 5 | | license, no action shall be commenced more than 7 years after | 6 | | the date of the incident or act alleged to have violated this | 7 | | Section. The time during which the holder of the license was | 8 | | outside the State of Illinois shall not be included within any | 9 | | period of time limiting the commencement of disciplinary action | 10 | | by the Department. | 11 | | All fines imposed under this Section shall be paid within | 12 | | 60 days after the effective date of the order imposing the fine | 13 | | or in accordance with the terms set forth in the order imposing | 14 | | the fine. | 15 | | Any dental hygienist who has had his or her license | 16 | | suspended or revoked for more than 5 years must comply with the | 17 | | requirements for restoration set forth in Section 16 prior to | 18 | | being eligible for reinstatement from the suspension or | 19 | | revocation. | 20 | | (Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
| 21 | | (225 ILCS 25/25) (from Ch. 111, par. 2325)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 25. Notice of hearing; investigations and informal
| 24 | | conferences. | 25 | | (a) Upon the motion of
either the Department or the Board |
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| 1 | | or upon the verified complaint
in writing of any person setting | 2 | | forth facts which
if proven would constitute grounds for | 3 | | refusal, suspension or revocation
of license under this Act, | 4 | | the Board shall
investigate the actions of any
person, | 5 | | hereinafter called the respondent, who holds or
represents that | 6 | | he
or she holds a license. All such motions or complaints shall | 7 | | be brought to the Board.
| 8 | | (b) Prior to taking an in-person statement from a dentist | 9 | | or
dental hygienist who is the subject of a complaint, the | 10 | | investigator shall
inform the dentist or the dental hygienist | 11 | | in writing:
| 12 | | (1) that the dentist or dental hygienist is the subject | 13 | | of a complaint;
| 14 | | (2) that the dentist or dental hygienist
need not | 15 | | immediately proceed with the interview and may seek | 16 | | appropriate
consultation prior to consenting to the | 17 | | interview; and
| 18 | | (3) that failure of the dentist or dental hygienist to | 19 | | proceed with the interview shall not prohibit the | 20 | | Department from conducting a visual inspection of the | 21 | | facility.
| 22 | | A Department investigator's failure to comply with this | 23 | | subsection may not
be the sole ground for dismissal of any | 24 | | order of the Department filed upon a
finding of a violation or | 25 | | for dismissal of a pending investigation.
| 26 | | (b-5) The duly authorized dental investigators of the |
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| 1 | | Department shall have the right to enter and inspect, during | 2 | | business hours, the business premises of a dentist licensed | 3 | | under this Act or of a person who holds himself or herself out | 4 | | as practicing dentistry, with due consideration for patient | 5 | | care of the subject of the investigation, so as to inspect the | 6 | | physical premises and equipment and furnishings therein. This | 7 | | right of inspection shall not include inspection of business, | 8 | | medical, or personnel records located on the premises without a | 9 | | Department subpoena issued in accordance with Section 25.1 of | 10 | | this Act or Section 2105-105 of the Department of Professional | 11 | | Regulation Law of the Civil Administrative Code of Illinois. | 12 | | For the purposes of this Section, "business premises" means the | 13 | | office or offices where the dentist conducts the practice of | 14 | | dentistry. | 15 | | (c) If the Department concludes on the basis of a complaint | 16 | | or its initial
investigation that there is a possible violation | 17 | | of the Act,
the
Department may:
| 18 | | (1) schedule a hearing pursuant to this Act; or
| 19 | | (2) request
in writing that the dentist or dental | 20 | | hygienist being investigated attend an
informal
conference | 21 | | with representatives of the Department.
| 22 | | The request for an informal conference shall contain the | 23 | | nature of the
alleged actions or
inactions that constitute the | 24 | | possible violations.
| 25 | | A dentist or dental hygienist shall be allowed to have | 26 | | legal counsel at the
informal conference. If the informal |
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| 1 | | conference results in a consent order
between the accused | 2 | | dentist or dental hygienist and the Department, the
consent | 3 | | order
must be approved by the Secretary. All consent orders | 4 | | must be signed by a member of the Board prior to approval by | 5 | | the Secretary. However, if the consent order would result in a | 6 | | fine exceeding $10,000 or the suspension or revocation of the | 7 | | dentist or dental hygienist license, the consent order must be | 8 | | approved by the Board and the Secretary. Participation in
the | 9 | | informal conference by a dentist, a dental hygienist, or the | 10 | | Department and
any admissions or
stipulations made by a | 11 | | dentist, a dental hygienist, or the Department at the
informal | 12 | | conference,
including any agreements in a consent order that is | 13 | | subsequently disapproved
by either the Board or the Secretary, | 14 | | shall not be used against the dentist,
dental hygienist, or | 15 | | Department at any subsequent hearing and shall not become
a | 16 | | part of the
record of the hearing.
| 17 | | (d) The Secretary shall, before suspending, revoking, | 18 | | placing on
probationary
status, or taking any other | 19 | | disciplinary action as the Secretary may deem
proper with | 20 | | regard to any license, at least 30 days prior
to the date set | 21 | | for the hearing, notify the respondent in
writing of any | 22 | | charges
made and the time and place for a hearing of the | 23 | | charges before the Board,
direct him or her to file his or her | 24 | | written answer thereto to the Board
under oath within 20 days | 25 | | after the service on him or her of such notice
and inform him | 26 | | or her that if he or she fails to file such answer default
will |
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| 1 | | be taken against him or her and his or her license may be | 2 | | suspended,
revoked, placed on probationary status,
or other | 3 | | disciplinary action may be taken with regard thereto, including
| 4 | | limiting the scope, nature or extent of his or her practice, as | 5 | | the Secretary
may deem proper.
| 6 | | (e) Such written notice and any notice in such proceedings | 7 | | thereafter
may be
served by delivery personally to the | 8 | | respondent, or by
registered or
certified mail to the address | 9 | | last theretofore specified by the respondent
in his or her last | 10 | | notification to the Secretary.
| 11 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 12 | | (225 ILCS 25/26) (from Ch. 111, par. 2326)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 26. Disciplinary actions.
| 15 | | (a) In case the respondent, after
receiving notice, fails | 16 | | to file an answer, his or her license may, in the discretion of | 17 | | the Secretary, having first received
the recommendation of the | 18 | | Board, be suspended, revoked, placed on
probationary status, or | 19 | | the Secretary may take whatever disciplinary or | 20 | | non-disciplinary action
he or she may deem proper, including | 21 | | limiting the scope, nature, or extent of the
person's practice | 22 | | or the imposition of a fine, without a hearing, if the
act or | 23 | | acts charged constitute sufficient grounds for such action | 24 | | under this
Act.
| 25 | | (b) The Secretary may temporarily suspend the license of a |
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| 1 | | dentist or dental hygienist without a hearing,
simultaneous to | 2 | | the institution of proceedings for a hearing under this
Act, if | 3 | | the Secretary finds that evidence in his or her possession | 4 | | indicates that a
dentist's or dental hygienist's continuation | 5 | | in practice would constitute
an immediate danger to the public. | 6 | | In the event that the Secretary
temporarily suspends the | 7 | | license of a dentist or a dental hygienist without a hearing, a | 8 | | hearing by the
Board must be held within 15 days after such | 9 | | suspension has occurred.
| 10 | | (c) The entry of a judgment by any circuit court | 11 | | establishing that any
person holding a license under this Act | 12 | | is a
person subject to involuntary admission under the Mental | 13 | | Health and
Developmental Disabilities Code shall operate as a | 14 | | suspension of that
license. That person may resume his or her
| 15 | | practice only upon a finding by the Board that he or she has | 16 | | been
determined to be no longer subject to involuntary | 17 | | admission by the court
and upon the Board's recommendation to | 18 | | the Secretary that he or she be
permitted to resume his or her | 19 | | practice.
| 20 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 21 | | (225 ILCS 25/29) (from Ch. 111, par. 2329)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 29. Recommendations for disciplinary action - Action | 24 | | by Secretary. The Board may advise the Secretary that probation | 25 | | be granted or
that other disciplinary action, including the |
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| 1 | | limitation of the scope,
nature or extent of a person's | 2 | | practice, be taken, as it deems proper. If
disciplinary action | 3 | | other than suspension or revocation is taken, the Board
may | 4 | | advise that the Secretary impose reasonable limitations and | 5 | | requirements
upon the respondent to insure compliance with the | 6 | | terms of the
probation or
other disciplinary action, including, | 7 | | but not limited to, regular reporting
by the respondent to the | 8 | | Secretary of his or her actions, or the
respondent's
placing | 9 | | himself or herself under the care of a qualified physician for
| 10 | | treatment or limiting his or her practice in such manner as the | 11 | | Secretary
may require.
| 12 | | The Board shall present to the Secretary a written report | 13 | | of its findings
and recommendations. A copy of such report | 14 | | shall be served upon the
respondent,
either personally or by | 15 | | registered or certified mail. Within 20 days after
such | 16 | | service, the respondent may present to the Department his
or | 17 | | her motion
in writing for a rehearing, specifying the | 18 | | particular ground therefor. If
the respondent orders from the | 19 | | reporting service and pays for a transcript of the record,
the | 20 | | time
elapsing thereafter and before such transcript is ready | 21 | | for delivery to him
or her shall not be counted as part of such | 22 | | 20 days.
| 23 | | At the expiration of the time allowed for filing a motion | 24 | | for rehearing
the Secretary may take the action recommended by | 25 | | the Board. Upon suspension,
revocation, placement on | 26 | | probationary status, or the taking of any other
disciplinary |
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| 1 | | action, including the limiting of the scope, nature, or extent
| 2 | | of one's practice, deemed proper by the Secretary, with regard | 3 | | to the
license, the respondent
shall surrender his or
her | 4 | | license to the Department, if ordered to
do so by the | 5 | | Department, and upon his or her failure or refusal to do so,
| 6 | | the Department may seize the same.
| 7 | | In all instances under this Act in which the Board has | 8 | | rendered a
recommendation to the Secretary with respect to a | 9 | | particular person, the Secretary
shall, to the extent that he | 10 | | or she disagrees with or takes action
contrary to the | 11 | | recommendation of the Board, file with the Board his or her | 12 | | specific written reasons of disagreement. Such
reasons shall be | 13 | | filed within 30 days after the Secretary has taken the
contrary | 14 | | position.
| 15 | | Each order of revocation, suspension, or other | 16 | | disciplinary action shall
contain a brief, concise statement of | 17 | | the ground or grounds upon which the
Department's action is | 18 | | based, as well as the specific terms and conditions
of such | 19 | | action. The original of this document shall be retained as a
| 20 | | permanent record by the Board and the Department. In those | 21 | | instances where
an order of revocation, suspension, or other | 22 | | disciplinary action has been
rendered by virtue of a dentist's | 23 | | or dental hygienist's physical illness,
including, but not | 24 | | limited to, deterioration through the aging process, or
loss of | 25 | | motor skill which results in an inability to practice with
| 26 | | reasonable judgment, skill, or safety, the Department shall |
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| 1 | | permit only
this document and the record of the hearing | 2 | | incident thereto to be
observed, inspected, viewed, or copied | 3 | | pursuant to court order.
| 4 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 5 | | (225 ILCS 25/30) (from Ch. 111, par. 2330)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 30. Appointment of a Hearing Officer. The Secretary | 8 | | shall have
the authority to appoint any attorney duly licensed | 9 | | to practice law in the
State of Illinois to serve as the | 10 | | hearing officer if any action for refusal
to issue, renew or | 11 | | discipline of a license.
The hearing officer shall have full | 12 | | authority to conduct the hearing. The
hearing officer shall | 13 | | report his or her findings and recommendations to the Board
and | 14 | | the Secretary. The Board shall have 60 days from receipt of the | 15 | | report
to review the report of the hearing officer and present | 16 | | its findings of
fact, conclusions of law and recommendations to | 17 | | the Secretary. If the Board
fails to present its report within | 18 | | the 60 day period, the Secretary shall
issue an order based on | 19 | | the report of the hearing officer. If the Secretary
determines | 20 | | that the Board's report is contrary to the manifest weight of
| 21 | | the evidence, he or she may issue an order in contravention of | 22 | | the Board's report.
| 23 | | Whenever the Secretary is satisfied that substantial | 24 | | justice has not been done in a formal disciplinary action or | 25 | | refusal to restore a license, he or she may order a |
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| 1 | | reexamination or rehearing by the same or other hearing | 2 | | officer. | 3 | | (Source: P.A. 97-1013, eff. 8-17-12.)
| 4 | | (225 ILCS 25/41) (from Ch. 111, par. 2341)
| 5 | | (Section scheduled to be repealed on January 1, 2016)
| 6 | | Sec. 41. Dental Coordinator. The Department shall select a | 7 | | dental
coordinator, who shall not be a member of the Board. The | 8 | | dental
coordinator shall be a dentist. The dental coordinator | 9 | | shall be the chief
enforcement officer of the disciplinary | 10 | | provisions of this Act.
| 11 | | The Department shall employ, in conformity with the | 12 | | " Personnel Code " , such investigators as it deems necessary to | 13 | | investigate violations of this Act not
less than one full-time | 14 | | investigator for every 3,000 dentists and dental
hygienists in | 15 | | the State . Each investigator shall be a college graduate
with | 16 | | at least 2 years' investigative experience or one year of | 17 | | advanced
dental or medical education. The Department shall | 18 | | employ, in conformity
with the " Personnel Code " , such other | 19 | | professional, technical, investigative
and clerical assistance | 20 | | on either a full or part-time basis, as the
Department deems | 21 | | necessary for the proper performance of its duties. The
| 22 | | Department shall retain and use such hearing officers as it | 23 | | deems
necessary. All employees of the Department shall be | 24 | | directed by, and
answerable to, the Department, with respect to | 25 | | their duties and functions.
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| 1 | | (Source: P.A. 84-365 .)
| 2 | | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 50. Patient Records. Every dentist shall make
a record | 5 | | of all dental work performed for each patient. The record shall
| 6 | | be made in a manner and in sufficient detail that it may be | 7 | | used for
identification purposes.
| 8 | | Dental records required by this Section shall be maintained | 9 | | for 10 years.
Dental records required to be maintained under | 10 | | this Section, or copies
of those dental records, shall be made | 11 | | available upon request to the
patient or the patient's | 12 | | guardian. A dentist shall be entitled to reasonable | 13 | | reimbursement for the cost of reproducing these records, which | 14 | | shall not exceed the cost allowed under Section 8-2001 8-2003 | 15 | | of the Code of Civil Procedure. A dentist providing services | 16 | | through a mobile dental van or portable dental unit shall | 17 | | provide to the patient or the patient's parent or guardian, in | 18 | | writing, the dentist's name, license number, address, and | 19 | | information on how the patient or the patient's parent or | 20 | | guardian may obtain the patient's dental records, as provided | 21 | | by law.
| 22 | | (Source: P.A. 97-526, eff. 1-1-12.)
| 23 | | (225 ILCS 25/12 rep.)
| 24 | | (225 ILCS 25/19 rep.)
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| 1 | | (225 ILCS 25/19.1 rep.) | 2 | | (225 ILCS 25/19.2 rep.)
| 3 | | (225 ILCS 25/35 rep.)
| 4 | | Section 15. The Illinois Dental Practice Act is amended by | 5 | | repealing Sections 12, 19, 19.1, 19.2, and 35.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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