Full Text of HB0274 097th General Assembly
HB0274enr 97TH 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 Illinois Dental Practice Act is amended by | 5 | | changing Sections 23 and 24 as follows:
| 6 | | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 23. Refusal, revocation or suspension of dental | 9 | | licenses. The
Department may refuse to issue or renew, or may | 10 | | revoke, suspend, place on
probation, reprimand or take other | 11 | | disciplinary action as the Department
may deem proper, | 12 | | including fines not to exceed $10,000 per violation, with
| 13 | | regard to any license for any one or any combination of
the | 14 | | following causes:
| 15 | | 1. Fraud in procuring the license.
| 16 | | 2. Habitual intoxication or addiction to the use of | 17 | | drugs.
| 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.
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| 1 | | 5. Division of fees or agreeing to split or divide the | 2 | | fees received
for dental services with any person for | 3 | | bringing or referring a patient,
except in regard to | 4 | | referral services as provided for under Section 45,
or | 5 | | assisting in the care or treatment of a patient,
without | 6 | | the
knowledge of the patient or his legal representative.
| 7 | | 6. Employing, procuring, inducing, aiding or abetting | 8 | | a person not
licensed or registered as a dentist to engage | 9 | | in the practice of
dentistry. The person practiced upon is | 10 | | not an accomplice, employer,
procurer, inducer, aider, or | 11 | | abetter within the meaning of this Act.
| 12 | | 7. Making any misrepresentations or false promises, | 13 | | directly or
indirectly, to influence, persuade or induce | 14 | | dental patronage.
| 15 | | 8. Professional connection or association with or | 16 | | lending his name
to another for the illegal practice of | 17 | | dentistry by another, or
professional connection or | 18 | | association with any person, firm or
corporation holding | 19 | | himself, herself, themselves, or itself out in any manner
| 20 | | contrary to this Act.
| 21 | | 9. Obtaining or seeking to obtain practice, money, or | 22 | | any other
things of value by false or fraudulent | 23 | | representations, but
not limited to, engaging in such | 24 | | fraudulent practice to defraud the
medical assistance | 25 | | program of the Department of Healthcare and Family Services | 26 | | (formerly Department of Public Aid).
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| 1 | | 10. Practicing under a name other than his or her own.
| 2 | | 11. Engaging in dishonorable,
unethical, or | 3 | | unprofessional conduct of a character likely to deceive,
| 4 | | defraud, or harm the public.
| 5 | | 12. Conviction in this or another State of any crime | 6 | | which is a
felony under the laws of this State or | 7 | | conviction of a felony in a
federal court, conviction of a | 8 | | misdemeanor, an essential element of which
is dishonesty, | 9 | | or conviction of any crime which is directly related to the
| 10 | | practice of dentistry or dental hygiene.
| 11 | | 13. Permitting a dental hygienist, dental assistant or | 12 | | other person
under his or her supervision to perform
any | 13 | | operation not authorized by this Act.
| 14 | | 14. Permitting more than 4 dental hygienists to be | 15 | | employed under
his supervision at any one time.
| 16 | | 15. A violation of any provision of this
Act or any | 17 | | rules promulgated under this Act.
| 18 | | 16. Taking impressions for or using the services of any | 19 | | person, firm
or corporation violating this Act.
| 20 | | 17. Violating any provision of Section 45 relating to | 21 | | advertising.
| 22 | | 18. Discipline by another U.S. jurisdiction or foreign | 23 | | nation,
if at least one of the grounds for the discipline | 24 | | is the
same or substantially equivalent to those set forth | 25 | | within this Act.
| 26 | | 19. Willfully failing to report an instance of |
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| 1 | | suspected child abuse or
neglect as required by the Abused | 2 | | and Neglected Child Reporting
Act.
| 3 | | 20. Gross or repeated malpractice resulting in injury | 4 | | or death of a patient.
| 5 | | 21. The use or prescription for use of narcotics or | 6 | | controlled substances
or designated products as listed in | 7 | | the Illinois Controlled Substances
Act, in any way other | 8 | | than for therapeutic purposes.
| 9 | | 22. Willfully making or filing false records or reports | 10 | | in his practice
as a dentist, including, but not limited | 11 | | to, false records to support claims
against the dental | 12 | | assistance program of the Department of Healthcare and | 13 | | Family Services (formerly
Illinois Department of Public
| 14 | | Aid).
| 15 | | 23. Professional incompetence as manifested by poor | 16 | | standards of care.
| 17 | | 24. Physical or mental illness, including, but not | 18 | | limited to,
deterioration
through
the aging process, or | 19 | | loss of motor skills which results in a dentist's
inability | 20 | | to practice dentistry with reasonable judgment, skill or | 21 | | safety. In
enforcing this paragraph, the Department may | 22 | | compel a person licensed to
practice under this Act to | 23 | | submit to a mental or physical examination pursuant
to the | 24 | | terms and conditions of Section 23b.
| 25 | | 25. Repeated irregularities in billing a third party | 26 | | for services rendered
to a patient. For purposes of this |
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| 1 | | paragraph 25, "irregularities in billing"
shall include:
| 2 | | (a) Reporting excessive charges for the purpose of | 3 | | obtaining a total
payment
in excess of that usually | 4 | | received by the dentist for the services rendered.
| 5 | | (b) Reporting charges for services not rendered.
| 6 | | (c) Incorrectly reporting services rendered for | 7 | | the purpose of obtaining
payment not earned.
| 8 | | 26. Continuing the active practice of dentistry while | 9 | | knowingly having
any infectious, communicable, or | 10 | | contagious disease proscribed by rule or
regulation of the | 11 | | Department.
| 12 | | 27. Being named as a perpetrator in an indicated report | 13 | | by the
Department of Children and Family Services pursuant | 14 | | to the Abused and
Neglected Child Reporting Act, and upon
| 15 | | proof by clear and convincing evidence that the licensee | 16 | | has
caused a child to be an abused child or neglected child | 17 | | as defined in the
Abused and Neglected Child Reporting Act.
| 18 | | 28. Violating the Health Care Worker Self-Referral | 19 | | Act.
| 20 | | 29. Abandonment of a patient.
| 21 | | 30. Mental incompetency as declared by a court of | 22 | | competent
jurisdiction.
| 23 | | 31. A finding by the Department that the licensee, | 24 | | after having his or her license placed on probationary | 25 | | status, has violated the terms of probation. | 26 | | All proceedings to suspend, revoke, place on probationary |
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| 1 | | status, or
take any other disciplinary action as the Department | 2 | | may deem proper, with
regard to a license on any of the | 3 | | foregoing grounds, must be commenced
within 3 years after | 4 | | receipt by the Department of a complaint alleging the
| 5 | | commission of or notice of the conviction order for any of the | 6 | | acts
described herein. Except for fraud in procuring a license, | 7 | | no
action shall be commenced more than 5 years after the date | 8 | | of the incident
or act alleged to have violated this Section. | 9 | | The time during which the
holder of the license was outside the | 10 | | State of Illinois shall not be
included within any period of | 11 | | time limiting the commencement of
disciplinary action by the | 12 | | Department.
| 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 | | (Source: P.A. 94-1014, eff. 7-7-06.)
| 21 | | (225 ILCS 25/24) (from Ch. 111, par. 2324)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 24. Refusal, Suspension or Revocation of Dental | 24 | | Hygienist License. The
Department may refuse to issue or renew | 25 | | or
may revoke, suspend, place on probation, reprimand or take |
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| 1 | | other
disciplinary action as the Department may deem proper, | 2 | | including fines not
to exceed $2,500 per violation, with regard | 3 | | to any dental hygienist license
for any one or any combination | 4 | | of the following causes:
| 5 | | 1. Fraud in procuring license.
| 6 | | 2. Performing any operation not authorized by this Act.
| 7 | | 3. Practicing dental hygiene other than under the | 8 | | supervision of a
licensed dentist as provided by this Act.
| 9 | | 4. The wilful violation of, or the wilful procuring of, | 10 | | or knowingly
assisting in the violation of, any Act which | 11 | | is now or which hereafter may
be in force in this State | 12 | | relating to the use of habit-forming drugs.
| 13 | | 5. The obtaining of, or an attempt to obtain a license, | 14 | | or practice in the profession, or money, or any other thing
| 15 | | of value by fraudulent representation.
| 16 | | 6. Gross negligence in performing the operative | 17 | | procedure of dental
hygiene.
| 18 | | 7. Active practice of dental hygiene while knowingly | 19 | | having any
infectious, communicable, or contagious disease | 20 | | proscribed by rule
or regulation of the Department.
| 21 | | 8. Habitual intoxication or addiction to the use of
| 22 | | habit-forming drugs.
| 23 | | 9. Conviction in this or another state of any crime | 24 | | which is a felony
under the laws of this State or | 25 | | conviction of a felony in a federal court,
if the | 26 | | Department determines, after investigation, that such |
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| 1 | | person has not
been sufficiently rehabilitated to warrant | 2 | | the public trust.
| 3 | | 10. Aiding or abetting the unlicensed practice of | 4 | | dentistry or
dental hygiene.
| 5 | | 11. Discipline by another U.S. jurisdiction or a | 6 | | foreign nation, if at
least one of the grounds for the | 7 | | discipline is the same or substantially
equivalent to those | 8 | | set forth in this Act.
| 9 | | 12. Violating the Health Care Worker Self-Referral | 10 | | Act.
| 11 | | 13. Violating the prohibitions of Section 38.1 of this | 12 | | Act. | 13 | | 14. Engaging in dishonorable, unethical, or | 14 | | unprofessional conduct of a character likely to deceive, | 15 | | defraud, or harm the public. | 16 | | 15. A finding by the Department that the licensee, | 17 | | after having his or her license placed on probationary | 18 | | status, has violated the terms of probation.
| 19 | | The provisions of this Act relating to proceedings for the | 20 | | suspension
and revocation of a license to practice dentistry | 21 | | shall apply to
proceedings for the suspension or revocation of | 22 | | a license as a dental
hygienist.
| 23 | | (Source: P.A. 94-409, eff. 12-31-05.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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