Full Text of HB5213 103rd General Assembly
HB5213 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5213 Introduced 2/9/2024, by Rep. Lilian Jiménez SYNOPSIS AS INTRODUCED: | | 225 ILCS 25/4 | | 225 ILCS 25/14.5 new | | 225 ILCS 25/14.6 new | | 225 ILCS 25/16 | from Ch. 111, par. 2316 | 225 ILCS 25/16.1 | from Ch. 111, par. 2316.1 | 225 ILCS 25/23 | from Ch. 111, par. 2323 | 225 ILCS 25/25 | from Ch. 111, par. 2325 | 225 ILCS 25/25.1 | | 225 ILCS 25/26 | from Ch. 111, par. 2326 | 225 ILCS 25/34 | from Ch. 111, par. 2334 | 225 ILCS 25/36 | from Ch. 111, par. 2336 | 225 ILCS 25/37 | from Ch. 111, par. 2337 | 225 ILCS 25/38.1 | | 225 ILCS 25/55 | from Ch. 111, par. 2355 |
| Amends the Illinois Dental Practice Act. Creates a license for dental therapists. Sets forth requirements for licensure and the scope of practice. Makes conforming changes. |
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| | A BILL FOR |
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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 4, 16, 16.1, 23, 25, 25.1, 26, 34, 36, 37, | 6 | | 38.1, and 55 and by adding Sections 7.7, 14.5, and 14.6 as | 7 | | follows: | 8 | | (225 ILCS 25/4) | 9 | | (Section scheduled to be repealed on January 1, 2026) | 10 | | Sec. 4. Definitions. As used in this Act: | 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's or licensee's application | 13 | | file or license file as maintained by the Department's | 14 | | licensure maintenance unit. It is the duty of the applicant or | 15 | | licensee to inform the Department of any change of address and | 16 | | those changes must be made either through the Department's | 17 | | website or by contacting the Department. | 18 | | "Department" means the Department of Financial and | 19 | | Professional Regulation. | 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional Regulation. | 22 | | "Board" means the Board of Dentistry. | 23 | | "Dentist" means a person who has received a general |
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| 1 | | license pursuant to paragraph (a) of Section 11 of this Act and | 2 | | who may perform any intraoral and extraoral procedure required | 3 | | in the practice of dentistry and to whom is reserved the | 4 | | responsibilities specified in Section 17. | 5 | | "Dental hygienist" means a person who holds a license | 6 | | under this Act to perform dental services as authorized by | 7 | | Section 18. | 8 | | "Dental assistant" means an appropriately trained person | 9 | | who, under the supervision of a dentist, provides dental | 10 | | services as authorized by Section 17. | 11 | | "Expanded function dental assistant" means a dental | 12 | | assistant who has completed the training required by Section | 13 | | 17.1 of this Act. | 14 | | "Dental laboratory" means a person, firm, or corporation | 15 | | which: | 16 | | (i) engages in making, providing, repairing, or | 17 | | altering dental prosthetic appliances and other artificial | 18 | | materials and devices which are returned to a dentist for | 19 | | insertion into the human oral cavity or which come in | 20 | | contact with its adjacent structures and tissues; and | 21 | | (ii) utilizes or employs a dental technician to | 22 | | provide such services; and | 23 | | (iii) performs such functions only for a dentist or | 24 | | dentists. | 25 | | "Supervision" means supervision of a dental hygienist , or | 26 | | a dental assistant , or a dental therapist requiring that a |
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| 1 | | dentist authorize the procedure, remain in the dental facility | 2 | | while the procedure is performed, and approve the work | 3 | | performed by the dental hygienist , or dental assistant , or | 4 | | dental therapist before dismissal of the patient, but does not | 5 | | mean that the dentist must be present at all times in the | 6 | | treatment room. | 7 | | "General supervision" means supervision of a dental | 8 | | hygienist or dental therapist requiring that the patient be a | 9 | | patient of record, that the dentist examine the patient in | 10 | | accordance with Section 18 prior to treatment by the dental | 11 | | hygienist or dental therapist , and that the dentist authorize | 12 | | the procedures which are being carried out by a notation in the | 13 | | patient's record, but not requiring that a dentist be present | 14 | | when the authorized procedures are being performed. The | 15 | | issuance of a prescription to a dental laboratory by a dentist | 16 | | does not constitute general supervision. | 17 | | "Public member" means a person who is not a health | 18 | | professional. For purposes of board membership, any person | 19 | | with a significant financial interest in a health service or | 20 | | profession is not a public member. | 21 | | "Dentistry" means the healing art which is concerned with | 22 | | the examination, diagnosis, treatment planning, and care of | 23 | | conditions within the human oral cavity and its adjacent | 24 | | tissues and structures, as further specified in Section 17. | 25 | | "Branches of dentistry" means the various specialties of | 26 | | dentistry which, for purposes of this Act, shall be limited to |
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| 1 | | the following: endodontics, oral and maxillofacial surgery, | 2 | | orthodontics and dentofacial orthopedics, pediatric dentistry, | 3 | | periodontics, prosthodontics, oral and maxillofacial | 4 | | radiology, and dental anesthesiology. | 5 | | "Specialist" means a dentist who has received a specialty | 6 | | license pursuant to Section 11(b). | 7 | | "Dental technician" means a person who owns, operates, or | 8 | | is employed by a dental laboratory and engages in making, | 9 | | providing, repairing, or altering dental prosthetic appliances | 10 | | and other artificial materials and devices which are returned | 11 | | to a dentist for insertion into the human oral cavity or which | 12 | | come in contact with its adjacent structures and tissues. | 13 | | "Dental therapist" means a person licensed to practice | 14 | | dental therapy as described in Section 14.6. | 15 | | "Dental therapy" means the provision of services described | 16 | | in Section 14.6 and any related services or procedures | 17 | | required in the performance of those services. | 18 | | "Impaired dentist" or "impaired dental hygienist" means a | 19 | | dentist or dental hygienist who is unable to practice with | 20 | | reasonable skill and safety because of a physical or mental | 21 | | disability as evidenced by a written determination or written | 22 | | consent based on clinical evidence, including deterioration | 23 | | through the aging process, loss of motor skills, abuse of | 24 | | drugs or alcohol, or a psychiatric disorder, of sufficient | 25 | | degree to diminish the person's ability to deliver competent | 26 | | patient care. |
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| 1 | | "Nurse" means a registered professional nurse, a certified | 2 | | registered nurse anesthetist licensed as an advanced practice | 3 | | registered nurse, or a licensed practical nurse licensed under | 4 | | the Nurse Practice Act. | 5 | | "Patient of record" means a patient for whom the patient's | 6 | | most recent dentist has obtained a relevant medical and dental | 7 | | history and on whom the dentist has performed an examination | 8 | | and evaluated the condition to be treated. | 9 | | "Dental responder" means a dentist or dental hygienist who | 10 | | is appropriately certified in disaster preparedness, | 11 | | immunizations, and dental humanitarian medical response | 12 | | consistent with the Society of Disaster Medicine and Public | 13 | | Health and training certified by the National Incident | 14 | | Management System or the National Disaster Life Support | 15 | | Foundation. | 16 | | "Mobile dental van or portable dental unit" means any | 17 | | self-contained or portable dental unit in which dentistry is | 18 | | practiced that can be moved, towed, or transported from one | 19 | | location to another in order to establish a location where | 20 | | dental services can be provided. | 21 | | "Public health dental hygienist" means a hygienist who | 22 | | holds a valid license to practice in the State, has 2 years of | 23 | | full-time clinical experience or an equivalent of 4,000 hours | 24 | | of clinical experience, and has completed at least 42 clock | 25 | | hours of additional structured courses in dental education in | 26 | | advanced areas specific to public health dentistry. |
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| 1 | | "Public health setting" means a federally qualified health | 2 | | center; a federal, State, or local public health facility; | 3 | | Head Start; a special supplemental nutrition program for | 4 | | Women, Infants, and Children (WIC) facility; a certified | 5 | | school-based health center or school-based oral health | 6 | | program; a prison; or a long-term care facility. | 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 | 14 | | are eligible for Medicaid or (2) who are uninsured or whose | 15 | | household income is not greater than 300% of the federal | 16 | | poverty level. | 17 | | "Teledentistry" means the use of telehealth systems and | 18 | | methodologies in dentistry and includes patient care and | 19 | | education delivery using synchronous and asynchronous | 20 | | communications under a dentist's authority as provided under | 21 | | this Act. | 22 | | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | 23 | | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | 24 | | 1-1-24; revised 12-15-23.) | 25 | | (225 ILCS 25/14.5 new) |
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| 1 | | Sec. 14.5. Examination of dental therapists; licensing | 2 | | (a) Every person who desires to obtain a license as a | 3 | | dental therapist shall apply to the Department in writing, | 4 | | upon forms prepared and furnished by the Department. Each | 5 | | application shall contain proof of the particular | 6 | | qualifications required of the applicant, be verified by the | 7 | | applicant, under oath, and be accompanied by the required | 8 | | examination fee. | 9 | | The Department shall require that every applicant for a | 10 | | license as a dental therapist shall: | 11 | | (1) Be 18 years of age or older. | 12 | | (2) Be a graduate of a dental therapy college or | 13 | | school accredited by the Commission on Dental | 14 | | Accreditation of the American Dental Association or any | 15 | | other dental therapy accrediting entity recognized by the | 16 | | United States Department of Education. For applicants | 17 | | applying for a dental therapy license before January 1, | 18 | | 2029, the board must approve the applicant's dental | 19 | | therapy education program if the program was administered | 20 | | by a college or school that operates an accredited dental | 21 | | or dental hygiene program and the college or school | 22 | | certifies to the board that the applicant's education | 23 | | substantially conformed to the education standards | 24 | | established by the Commission on Dental Accreditation of | 25 | | the American Dental Association. | 26 | | (3) Successfully completed a dental therapy practical |
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| 1 | | or clinical examination designated by the Department. If | 2 | | an applicant fails to pass an examination after 3 | 3 | | attempts, the applicant is not eligible to retake the | 4 | | examination unless the applicant completes additional | 5 | | education requirements as specified by the Department. | 6 | | (b) An applicant who satisfies the requirements of this | 7 | | Section and who has successfully completed an examination | 8 | | identified in paragraph (3) of subsection (a) in a | 9 | | jurisdiction other than this State, or who has successfully | 10 | | completed a comparable examination administered or approved by | 11 | | the licensing authority in a jurisdiction other than this | 12 | | State, shall be licensed to practice dental therapy in this | 13 | | State if the Department determines that the other | 14 | | jurisdiction's examination is substantially similar to those | 15 | | identified in paragraph (3) of subsection (a). | 16 | | (c) The Department shall adopt rules to implement and | 17 | | administer this Section. | 18 | | (225 ILCS 25/14.6 new) | 19 | | Sec. 14.6. Dental therapists; scope and area of practice. | 20 | | (a) Except as otherwise provided in this Act, a dental | 21 | | therapist may perform the dental therapy services specified in | 22 | | subsection (b) under the general supervision of a dentist to | 23 | | the extent authorized by the supervising dentist and provided | 24 | | within the terms of a written collaborative management | 25 | | agreement signed by the dental therapist and the supervising |
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| 1 | | dentist that meets the requirements of subsection (c). | 2 | | (b) Dental therapy services include all of the following: | 3 | | (1) All services, treatments, and competencies | 4 | | identified by the Commission on Dental Accreditation of | 5 | | the American Dental Association in the Accreditation | 6 | | Standards for Dental Therapy Education Programs. | 7 | | (2) The following state-specific services, if the | 8 | | dental therapist's education included curriculum content | 9 | | satisfying the criteria established by the Commission on | 10 | | Dental Accreditation of the American Dental Association | 11 | | for state-specific dental therapy services: | 12 | | (A) evaluating radiographs; | 13 | | (B) placement of space maintainers; | 14 | | (C) pulpotomies on primary teeth; | 15 | | (D) dispensing and administering non-opioid | 16 | | analgesics, including nitrous oxide, | 17 | | anti-inflammatories, and antibiotics, as authorized by | 18 | | the supervising dentist and within the parameters of | 19 | | the collaborative management agreement; and | 20 | | (E) oral evaluation and assessment of dental | 21 | | disease and formulation of an individualized treatment | 22 | | plan if authorized by the supervising dentist and | 23 | | subject to any conditions, limitations, and protocols | 24 | | specified by the supervising dentist in the | 25 | | collaborative management agreement. | 26 | | (c) Before performing any of the services authorized in |
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| 1 | | subsection (b), a dental therapist must enter into a written | 2 | | collaborative management agreement with a supervising dentist. | 3 | | The agreement must be signed by the dental therapist and the | 4 | | supervising dentist and must include all of the following | 5 | | information: | 6 | | (1) practice settings where services may be provided | 7 | | by the dental therapist and the populations to be served | 8 | | by the dental therapist; | 9 | | (2) any limitations on the services that may be | 10 | | provided by the dental therapist, including the level of | 11 | | supervision required by the supervising dentist and | 12 | | teledentistry; | 13 | | (3) age-specific and procedure-specific practice | 14 | | protocols for the dental therapist, including case | 15 | | selection criteria, assessment guidelines, and imaging | 16 | | frequency; | 17 | | (4) a procedure for creating and maintaining dental | 18 | | records for the patients who are treated by the dental | 19 | | therapist; | 20 | | (5) a plan to manage medical emergencies in each | 21 | | practice setting where the dental therapist provides care; | 22 | | (6) a quality assurance plan for monitoring care | 23 | | provided by the dental therapist, including patient care | 24 | | review, referral follow-up, and a quality assurance chart | 25 | | review; | 26 | | (7) protocols for the dental therapist to administer |
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| 1 | | and dispense medications, including the specific | 2 | | conditions and circumstances under which the medications | 3 | | are to be dispensed and administered; | 4 | | (8) criteria relating to the provision of care by the | 5 | | dental therapist to patients with specific medical | 6 | | conditions or complex medication histories, including | 7 | | requirements for consultation before the initiation of | 8 | | care; | 9 | | (9) supervision criteria of dental therapists; and | 10 | | (10) a plan for the provision of clinical resources | 11 | | and referrals in situations that are beyond the | 12 | | capabilities of the dental therapist. | 13 | | (d) A supervising dentist shall determine the number of | 14 | | hours of practice that a dental therapist must complete under | 15 | | direct or indirect supervision of the supervising dentist | 16 | | before the dental therapist may perform any of the services | 17 | | authorized in subsection (b) under general supervision. | 18 | | (e) A supervising dentist may restrict or limit the dental | 19 | | therapist's practice in the written collaborative management | 20 | | agreement to be less than the full scope of practice for dental | 21 | | therapists that is authorized in subsection (b). | 22 | | (f) A supervising dentist may authorize a dental therapist | 23 | | to provide dental therapy services to a patient before the | 24 | | supervising dentist examines or diagnoses the patient if the | 25 | | authority, conditions, and protocols are established in a | 26 | | written collaborative management agreement and if the patient |
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| 1 | | is subsequently referred to a dentist for any needed | 2 | | additional services that exceed the dental therapist's scope | 3 | | of practice or authorization under the collaborative | 4 | | management agreement. | 5 | | (g) A supervising dentist must be licensed and practicing | 6 | | in this State. The supervising dentist is responsible for all | 7 | | services authorized and performed by the dental therapist | 8 | | pursuant to the collaborative management agreement and for | 9 | | providing or arranging follow-up services to be provided by a | 10 | | dentist for any additional services that exceed the dental | 11 | | therapist's scope of practice or authorization under the | 12 | | collaborative management agreement. | 13 | | (225 ILCS 25/16) (from Ch. 111, par. 2316) | 14 | | (Section scheduled to be repealed on January 1, 2026) | 15 | | Sec. 16. Expiration, renewal and restoration of licenses. | 16 | | The expiration date and renewal date for each license issued | 17 | | under this Act shall be set by rule. The renewal period for | 18 | | each license issued under this Act shall be 3 years. A dentist , | 19 | | or dental hygienist , or dental therapist may renew a license | 20 | | during the month preceding its expiration date by paying the | 21 | | required fee. A dentist , or dental hygienist , or dental | 22 | | therapist shall provide proof of current Basic Life Support | 23 | | (BLS) certification intended for health care providers at the | 24 | | time of renewal as provided by rule. Basic Life Support | 25 | | certification training taken as a requirement of this Section |
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| 1 | | shall be counted for no more than 4 hours during each licensure | 2 | | period towards the continuing education hours under Section | 3 | | 16.1 of this Act. The Department shall provide by rule for | 4 | | exemptions from this requirement for a dentist , or dental | 5 | | hygienist , or dental therapist with a physical disability that | 6 | | would preclude him or her from performing BLS. | 7 | | Any dentist , or dental hygienist , or dental therapist | 8 | | whose license has expired or whose license is on inactive | 9 | | status may have his license restored at any time within 5 years | 10 | | after the expiration thereof, upon payment of the required fee | 11 | | and a showing of proof of compliance with current continuing | 12 | | education requirements, as provided by rule. | 13 | | Any person whose license has been expired for more than 5 | 14 | | years or who has had his license on inactive status for more | 15 | | than 5 years may have his license restored by making | 16 | | application to the Department and filing proof acceptable to | 17 | | the Department of taking continuing education and of his | 18 | | fitness to have the license restored, including sworn evidence | 19 | | certifying to active practice in another jurisdiction, and by | 20 | | paying the required restoration fee. A person practicing on an | 21 | | expired license is deemed to be practicing without a license. | 22 | | However, a holder of a license may renew the license within 90 | 23 | | days after its expiration by complying with the requirements | 24 | | for renewal and payment of an additional fee. A license | 25 | | renewal within 90 days after expiration shall be effective | 26 | | retroactively to the expiration date. |
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| 1 | | If a person whose license has expired or who has had his | 2 | | license on inactive status for more than 5 years has not | 3 | | maintained an active practice satisfactory to the department, | 4 | | the Department shall determine, by an evaluation process | 5 | | established by rule, his or her fitness to resume active | 6 | | status and may require the person to complete a period of | 7 | | evaluated clinical experience and may require successful | 8 | | completion of a practical examination. | 9 | | However, any person whose license expired while he or she | 10 | | was (i) on active duty with the Armed Forces of the United | 11 | | States or called into service or training by the State militia | 12 | | or (ii) in training or education under the supervision of the | 13 | | United States preliminary to induction into the military | 14 | | service, may have his or her license renewed, reinstated, or | 15 | | restored without paying any lapsed renewal or restoration fee, | 16 | | if within 2 years after termination of such service, training, | 17 | | or education other than by dishonorable discharge, he or she | 18 | | furnishes the Department with satisfactory proof that he or | 19 | | she has been so engaged and that his or her service, training, | 20 | | or education has been so terminated. | 21 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12; | 22 | | 98-147, eff. 1-1-14 .) | 23 | | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1) | 24 | | (Section scheduled to be repealed on January 1, 2026) | 25 | | Sec. 16.1. Continuing education. The Department shall |
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| 1 | | promulgate rules of continuing education for persons licensed | 2 | | under this Act. In establishing rules, the Department shall | 3 | | require a minimum of 48 hours of study in approved courses for | 4 | | dentists during each 3-year licensing period and a minimum of | 5 | | 36 hours of study in approved courses for dental hygienists | 6 | | and dental therapists during each 3-year licensing period. | 7 | | The Department shall approve only courses that are | 8 | | relevant to the treatment and care of patients, including, but | 9 | | not limited to, clinical courses in dentistry , and dental | 10 | | hygiene , and dental therapy and nonclinical courses such as | 11 | | patient management, legal and ethical responsibilities, and | 12 | | stress management. The Department shall allow up to 4 hours of | 13 | | continuing education credit hours per license renewal period | 14 | | for volunteer hours spent providing clinical services at, or | 15 | | sponsored by, a nonprofit community clinic, local or state | 16 | | health department, or a charity event. Courses shall not be | 17 | | approved in such subjects as estate and personal financial | 18 | | planning, personal investments, or personal health. Approved | 19 | | courses may include, but shall not be limited to, courses that | 20 | | are offered or sponsored by approved colleges, universities, | 21 | | and hospitals and by recognized national, State, and local | 22 | | dental and dental hygiene organizations. When offering a | 23 | | continuing education course, whether at no cost or for a fee, | 24 | | the course provider shall explicitly disclose that the course | 25 | | is an approved course for continuing education in the State of | 26 | | Illinois, as provided in this Section or by the rules adopted |
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| 1 | | by the Department. | 2 | | No license shall be renewed unless the renewal application | 3 | | is accompanied by an affidavit indicating that the applicant | 4 | | has completed the required minimum number of hours of | 5 | | continuing education in approved courses as required by this | 6 | | Section. The affidavit shall not require a listing of courses. | 7 | | The affidavit shall be a prima facie evidence that the | 8 | | applicant has obtained the minimum number of required | 9 | | continuing education hours in approved courses. The Department | 10 | | shall not be obligated to conduct random audits or otherwise | 11 | | independently verify that an applicant has met the continuing | 12 | | education requirement. The Department, however, may not | 13 | | conduct random audits of more than 10% of the licensed | 14 | | dentists , and dental hygienists , and dental therapy | | | in any one | 15 | | licensing cycle to verify compliance with continuing education | 16 | | requirements. If the Department, however, receives a complaint | 17 | | that a licensee has not completed the required continuing | 18 | | education or if the Department is investigating another | 19 | | alleged violation of this Act by a licensee, the Department | 20 | | may demand and shall be entitled to receive evidence from any | 21 | | licensee of completion of required continuing education | 22 | | courses for the most recently completed 3-year licensing | 23 | | period. Evidence of continuing education may include, but is | 24 | | not limited to, canceled checks, official verification forms | 25 | | of attendance, and continuing education recording forms, that | 26 | | demonstrate a reasonable record of attendance. The Board shall |
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| 1 | | determine, in accordance with rules adopted by the Department, | 2 | | whether a licensee or applicant has met the continuing | 3 | | education requirements. Any dentist who holds more than one | 4 | | license under this Act shall be required to complete only the | 5 | | minimum number of hours of continuing education required for | 6 | | renewal of a single license. The Department may provide | 7 | | exemptions from continuing education requirements. | 8 | | (Source: P.A. 103-425, eff. 1-1-24 .) | 9 | | (225 ILCS 25/23) (from Ch. 111, par. 2323) | 10 | | (Section scheduled to be repealed on January 1, 2026) | 11 | | Sec. 23. Refusal, revocation or suspension of dental | 12 | | licenses. The Department may refuse to issue or renew, or may | 13 | | revoke, suspend, place on probation, reprimand or take other | 14 | | disciplinary or non-disciplinary action as the Department may | 15 | | deem proper, including imposing fines not to exceed $10,000 | 16 | | per violation, with regard to any license for any one or any | 17 | | combination of the following causes: | 18 | | 1. Fraud or misrepresentation in applying for or | 19 | | procuring a license under this Act, or in connection with | 20 | | applying for renewal of a license under this Act. | 21 | | 2. Inability to practice with reasonable judgment, | 22 | | skill, or safety as a result of habitual or excessive use | 23 | | or addiction to alcohol, narcotics, stimulants, or any | 24 | | other chemical agent or drug. | 25 | | 3. Willful or repeated violations of the rules of the |
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| 1 | | Department of Public Health or Department of Nuclear | 2 | | Safety. | 3 | | 4. Acceptance of a fee for service as a witness, | 4 | | without the knowledge of the court, in addition to the fee | 5 | | allowed by the court. | 6 | | 5. Division of fees or agreeing to split or divide the | 7 | | fees received for dental services with any person for | 8 | | bringing or referring a patient, except in regard to | 9 | | referral services as provided for under Section 45, or | 10 | | assisting in the care or treatment of a patient, without | 11 | | the knowledge of the patient or his or her legal | 12 | | representative. Nothing in this item 5 affects any bona | 13 | | fide independent contractor or employment arrangements | 14 | | among health care professionals, health facilities, health | 15 | | care providers, or other entities, except as otherwise | 16 | | prohibited by law. Any employment arrangements may include | 17 | | provisions for compensation, health insurance, pension, or | 18 | | other employment benefits for the provision of services | 19 | | within the scope of the licensee's practice under this | 20 | | Act. Nothing in this item 5 shall be construed to require | 21 | | an employment arrangement to receive professional fees for | 22 | | services rendered. | 23 | | 6. Employing, procuring, inducing, aiding or abetting | 24 | | a person not licensed or registered as a dentist , or | 25 | | dental hygienist , or dental therapist to engage in the | 26 | | practice of dentistry or dental hygiene. The person |
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| 1 | | practiced upon is not an accomplice, employer, procurer, | 2 | | inducer, aider, or abetter within the meaning of this Act. | 3 | | 7. Making any misrepresentations or false promises, | 4 | | directly or indirectly, to influence, persuade or induce | 5 | | dental patronage. | 6 | | 8. Professional connection or association with or | 7 | | lending his or her name to another for the illegal | 8 | | practice of dentistry by another, or professional | 9 | | connection or association with any person, firm or | 10 | | corporation holding himself, herself, themselves, or | 11 | | itself out in any manner contrary to this Act. | 12 | | 9. Obtaining or seeking to obtain practice, money, or | 13 | | any other things of value by false or fraudulent | 14 | | representations, but not limited to, engaging in such | 15 | | fraudulent practice to defraud the medical assistance | 16 | | program of the Department of Healthcare and Family | 17 | | Services (formerly Department of Public Aid) under the | 18 | | Illinois Public Aid Code. | 19 | | 10. Practicing under a false or, except as provided by | 20 | | law, an assumed name. | 21 | | 11. Engaging in dishonorable, unethical, or | 22 | | unprofessional conduct of a character likely to deceive, | 23 | | defraud, or harm the public. | 24 | | 12. Conviction by plea of guilty or nolo contendere, | 25 | | finding of guilt, jury verdict, or entry of judgment or by | 26 | | sentencing for any crime, including, but not limited to, |
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| 1 | | convictions, preceding sentences of supervision, | 2 | | conditional discharge, or first offender probation, under | 3 | | the laws of any jurisdiction of the United States that (i) | 4 | | is a felony under the laws of this State or (ii) is a | 5 | | misdemeanor, an essential element of which is dishonesty, | 6 | | or that is directly related to the practice of dentistry. | 7 | | 13. Permitting a dental hygienist, dental assistant or | 8 | | other person under his or her supervision to perform any | 9 | | operation not authorized by this Act. | 10 | | 14. Permitting more than 4 dental hygienists to be | 11 | | employed under his or her supervision at any one time. | 12 | | 15. A violation of any provision of this Act or any | 13 | | rules promulgated under this Act. | 14 | | 16. Taking impressions for or using the services of | 15 | | any person, firm or corporation violating this Act. | 16 | | 17. Violating any provision of Section 45 relating to | 17 | | advertising. | 18 | | 18. Discipline by another U.S. jurisdiction or foreign | 19 | | nation, if at least one of the grounds for the discipline | 20 | | is the same or substantially equivalent to those set forth | 21 | | within this Act. | 22 | | 19. Willfully failing to report an instance of | 23 | | suspected child abuse or neglect as required by the Abused | 24 | | and Neglected Child Reporting Act. | 25 | | 20. Gross negligence in practice under this Act. | 26 | | 21. The use or prescription for use of narcotics or |
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| 1 | | controlled substances or designated products as listed in | 2 | | the Illinois Controlled Substances Act, in any way other | 3 | | than for therapeutic purposes. | 4 | | 22. Willfully making or filing false records or | 5 | | reports in his or her practice as a dentist, including, | 6 | | but not limited to, false records to support claims | 7 | | against the dental assistance program of the Department of | 8 | | Healthcare and Family Services (formerly Illinois | 9 | | Department of Public Aid). | 10 | | 23. Professional incompetence as manifested by poor | 11 | | standards of care. | 12 | | 24. Physical or mental illness, including, but not | 13 | | limited to, deterioration through the aging process, or | 14 | | loss of motor skills which results in a dentist's | 15 | | inability to practice dentistry with reasonable judgment, | 16 | | skill or safety. In enforcing this paragraph, the | 17 | | Department may compel a person licensed to practice under | 18 | | this Act to submit to a mental or physical examination | 19 | | pursuant to the terms and conditions of Section 23b. | 20 | | 25. Gross or repeated irregularities in billing for | 21 | | services rendered to a patient. For purposes of this | 22 | | paragraph 25, "irregularities in billing" shall include: | 23 | | (a) Reporting excessive charges for the purpose of | 24 | | obtaining a total payment in excess of that usually | 25 | | received by the dentist for the services rendered. | 26 | | (b) Reporting charges for services not rendered. |
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| 1 | | (c) Incorrectly reporting services rendered for | 2 | | the purpose of obtaining payment not earned. | 3 | | 26. Continuing the active practice of dentistry while | 4 | | knowingly having any infectious, communicable, or | 5 | | contagious disease proscribed by rule or regulation of the | 6 | | Department. | 7 | | 27. Being named as a perpetrator in an indicated | 8 | | report by the Department of Children and Family Services | 9 | | pursuant to the Abused and Neglected Child Reporting Act, | 10 | | and upon proof by clear and convincing evidence that the | 11 | | licensee has caused a child to be an abused child or | 12 | | neglected child as defined in the Abused and Neglected | 13 | | Child Reporting Act. | 14 | | 28. Violating the Health Care Worker Self-Referral | 15 | | Act. | 16 | | 29. Abandonment of a patient. | 17 | | 30. Mental incompetency as declared by a court of | 18 | | competent jurisdiction. | 19 | | 31. A finding by the Department that the licensee, | 20 | | after having his or her license placed on probationary | 21 | | status, has violated the terms of probation. | 22 | | 32. Material misstatement in furnishing information to | 23 | | the Department. | 24 | | 33. Failing, within 60 days, to provide information in | 25 | | response to a written request by the Department in the | 26 | | course of an investigation. |
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| 1 | | 34. Immoral conduct in the commission of any act, | 2 | | including, but not limited to, commission of an act of | 3 | | sexual misconduct related to the licensee's practice. | 4 | | 35. Cheating on or attempting to subvert the licensing | 5 | | examination administered under this Act. | 6 | | 36. A pattern of practice or other behavior that | 7 | | demonstrates incapacity or incompetence to practice under | 8 | | this Act. | 9 | | 37. Failure to establish and maintain records of | 10 | | patient care and treatment as required under this Act. | 11 | | 38. Failure to provide copies of dental records as | 12 | | required by law. | 13 | | 39. Failure of a licensed dentist who owns or is | 14 | | employed at a dental office to give notice of an office | 15 | | closure to his or her patients at least 30 days prior to | 16 | | the office closure pursuant to Section 50.1. | 17 | | 40. Failure to maintain a sanitary work environment. | 18 | | All proceedings to suspend, revoke, place on probationary | 19 | | status, or take any other disciplinary action as the | 20 | | Department may deem proper, with regard to a license on any of | 21 | | the foregoing grounds, must be commenced within 5 years after | 22 | | receipt by the Department of a complaint alleging the | 23 | | commission of or notice of the conviction order for any of the | 24 | | acts described herein. Except for fraud in procuring a | 25 | | license, no action shall be commenced more than 7 years after | 26 | | the date of the incident or act alleged to have violated this |
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| 1 | | Section. The time during which the holder of the license was | 2 | | outside the State of Illinois shall not be included within any | 3 | | period of time limiting the commencement of disciplinary | 4 | | action by the Department. | 5 | | All fines imposed under this Section shall be paid within | 6 | | 60 days after the effective date of the order imposing the fine | 7 | | or in accordance with the terms set forth in the order imposing | 8 | | the fine. | 9 | | The Department may refuse to issue or may suspend the | 10 | | license of any person who fails to file a return, or to pay the | 11 | | tax, penalty or interest shown in a filed return, or to pay any | 12 | | final assessment of tax, penalty or interest, as required by | 13 | | any tax Act administered by the Illinois Department of | 14 | | Revenue, until such time as the requirements of any such tax | 15 | | Act are satisfied. | 16 | | Any dentist who has had his or her license suspended or | 17 | | revoked for more than 5 years must comply with the | 18 | | requirements for restoration set forth in Section 16 prior to | 19 | | being eligible for reinstatement from the suspension or | 20 | | revocation. | 21 | | (Source: P.A. 103-425, eff. 1-1-24 .) | 22 | | (225 ILCS 25/25) (from Ch. 111, par. 2325) | 23 | | (Section scheduled to be repealed on January 1, 2026) | 24 | | Sec. 25. Notice of hearing; investigations and informal | 25 | | conferences. |
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| 1 | | (a) Upon the motion of either the Department or the Board | 2 | | or upon the verified complaint in writing of any person | 3 | | setting forth facts which if proven would constitute grounds | 4 | | for refusal, suspension or revocation of license under this | 5 | | Act, the Board shall investigate the actions of any person, | 6 | | hereinafter called the respondent, who holds or represents | 7 | | that he or she holds a license. All such motions or complaints | 8 | | shall be brought to the Board. | 9 | | (b) Prior to taking an in-person statement from a dentist , | 10 | | or dental hygienist , or dental therapist who is the subject of | 11 | | a complaint, the investigator shall inform the dentist , or the | 12 | | dental hygienist , or the dental therapist in writing: | 13 | | (1) that the dentist , or dental hygienist , or dental | 14 | | therapist is the subject of a complaint; | 15 | | (2) that the dentist , or dental hygienist , or dental | 16 | | therapist need not immediately proceed with the interview | 17 | | and may seek appropriate consultation prior to consenting | 18 | | to the interview; and | 19 | | (3) that failure of the dentist | | | , or dental hygienist , | 20 | | or dental therapist to proceed with the interview shall | 21 | | not prohibit the Department from conducting a visual | 22 | | inspection of the facility. | 23 | | A Department investigator's failure to comply with this | 24 | | subsection may not be the sole ground for dismissal of any | 25 | | order of the Department filed upon a finding of a violation or | 26 | | for dismissal of a pending investigation. |
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| 1 | | (b-5) The duly authorized dental investigators of the | 2 | | Department shall have the right to enter and inspect, during | 3 | | business hours, the business premises of a dentist licensed | 4 | | under this Act or of a person who holds himself or herself out | 5 | | as practicing dentistry, with due consideration for patient | 6 | | care of the subject of the investigation, so as to inspect the | 7 | | physical premises and equipment and furnishings therein. This | 8 | | right of inspection shall not include inspection of business, | 9 | | medical, or personnel records located on the premises without | 10 | | a Department subpoena issued in accordance with Section 25.1 | 11 | | of this Act or Section 2105-105 of the Department of | 12 | | Professional Regulation Law of the Civil Administrative Code | 13 | | of Illinois. For the purposes of this Section, "business | 14 | | premises" means the office or offices where the dentist | 15 | | conducts the practice of dentistry. | 16 | | (c) If the Department concludes on the basis of a | 17 | | complaint or its initial investigation that there is a | 18 | | possible violation of the Act, the Department may: | 19 | | (1) schedule a hearing pursuant to this Act; or | 20 | | (2) request in writing that the dentist , or dental | 21 | | hygienist , or dental therapist being investigated attend | 22 | | an informal conference with representatives of the | 23 | | Department. | 24 | | The request for an informal conference shall contain the | 25 | | nature of the alleged actions or inactions that constitute the | 26 | | possible violations. |
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| 1 | | A dentist , or dental hygienist , or dental therapist shall | 2 | | be allowed to have legal counsel at the informal conference. | 3 | | If the informal conference results in a consent order between | 4 | | the accused dentist , or dental hygienist , or dental therapist | 5 | | and the Department, the consent order must be approved by the | 6 | | Secretary. However, if the consent order would result in a | 7 | | fine exceeding $10,000 or the suspension or revocation of the | 8 | | dentist , or dental hygienist , or dental therapist license, the | 9 | | consent order must be approved by the Board and the Secretary. | 10 | | Participation in the informal conference by a dentist, a | 11 | | dental hygienist, or the Department and any admissions or | 12 | | stipulations made by a dentist, a dental hygienist, a dental | 13 | | therapist, or the Department at the informal conference, | 14 | | including any agreements in a consent order that is | 15 | | subsequently disapproved by either the Board or the Secretary, | 16 | | shall not be used against the dentist, dental hygienist, | 17 | | dental therapist, or Department at any subsequent hearing and | 18 | | shall not become a part of the record of the hearing. | 19 | | (d) The Secretary shall, before suspending, revoking, | 20 | | placing on probationary status, or taking any other | 21 | | disciplinary action as the Secretary may deem proper with | 22 | | regard to any license, at least 30 days prior to the date set | 23 | | for the hearing, notify the respondent in writing of any | 24 | | charges made and the time and place for a hearing of the | 25 | | charges before the Board, direct him or her to file his or her | 26 | | written answer thereto to the Board under oath within 20 days |
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| 1 | | after the service on him or her of such notice and inform him | 2 | | or her that if he or she fails to file such answer default will | 3 | | be taken against him or her and his or her license may be | 4 | | suspended, revoked, placed on probationary status, or other | 5 | | disciplinary action may be taken with regard thereto, | 6 | | including limiting the scope, nature or extent of his or her | 7 | | practice, as the Secretary may deem proper. | 8 | | (e) Such written notice and any notice in such proceedings | 9 | | thereafter may be served by delivery personally to the | 10 | | respondent, or by registered or certified mail to the address | 11 | | last theretofore specified by the respondent in his or her | 12 | | last notification to the Secretary. | 13 | | (Source: P.A. 99-492, eff. 12-31-15.) | 14 | | (225 ILCS 25/25.1) | 15 | | (Section scheduled to be repealed on January 1, 2026) | 16 | | Sec. 25.1. Subpoena powers. | 17 | | (a) The Department, upon a determination by the | 18 | | chairperson of the Board that reasonable cause exists that a | 19 | | violation of one or more of the grounds for discipline set | 20 | | forth in Section 23 or Section 24 of this Act has occurred or | 21 | | is occurring, may subpoena the dental records of individual | 22 | | patients of dentists and dental hygienists licensed under this | 23 | | Act. | 24 | | (b) Notwithstanding subsection (a) of this Section, the | 25 | | Board and the Department may subpoena copies of hospital, |
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| 1 | | medical, or dental records in mandatory report cases alleging | 2 | | death or permanent bodily injury when consent to obtain the | 3 | | records has not been provided by a patient or a patient's legal | 4 | | representative. All records and other information received | 5 | | pursuant to a subpoena shall be confidential and shall be | 6 | | afforded the same status as information concerning medical | 7 | | studies under Part 21 of Article VIII of the Code of Civil | 8 | | Procedure. The use of these records shall be restricted to | 9 | | members of the Board, the dental coordinator, and appropriate | 10 | | Department staff designated by the Secretary for the purpose | 11 | | of determining the existence of one or more grounds for | 12 | | discipline of the dentist , or dental hygienist , or dental | 13 | | therapist as provided for in Section 23 or Section 24 of this | 14 | | Act. | 15 | | (c) Any review of an individual patient's records shall be | 16 | | conducted by the Department in strict confidentiality, | 17 | | provided that the patient records shall be admissible in a | 18 | | disciplinary hearing before the Secretary, the Board, or a | 19 | | hearing officer designated by the Department when necessary to | 20 | | substantiate the grounds for discipline alleged against the | 21 | | dentist , or dental hygienist , or dental therapist licensed | 22 | | under this Act. | 23 | | (d) The Department may provide reimbursement for fees and | 24 | | mileage associated with its subpoena power in the same manner | 25 | | prescribed by law for judicial procedure in a civil case. | 26 | | (e) Nothing in this Section shall be deemed to supersede |
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| 1 | | the provisions of Part 21 of Article VIII of the Code of Civil | 2 | | Procedure, now or hereafter amended, to the extent applicable. | 3 | | (f) All information gathered by the Department during any | 4 | | investigation, including information subpoenaed under this Act | 5 | | and the investigative file, shall be kept for the confidential | 6 | | use of the Secretary, the dental coordinator, the Board's | 7 | | attorneys, the dental investigative staff, authorized clerical | 8 | | staff, and persons employed by contract to advise the dental | 9 | | coordinator or the Department as provided in this Act, except | 10 | | that the Department may disclose information and documents to | 11 | | (i) a federal, State, or local law enforcement agency pursuant | 12 | | to a subpoena in an ongoing criminal investigation or (ii) a | 13 | | dental licensing authority of another state or jurisdiction | 14 | | pursuant to an official request made by that authority. Any | 15 | | information or documents disclosed by the Department to a | 16 | | federal, State, or local law enforcement agency may only be | 17 | | used by that agency for the investigation and prosecution of a | 18 | | criminal offense. Any information or documents disclosed by | 19 | | the Department to a dental licensing authority of another | 20 | | state or jurisdiction may only be used by that authority for | 21 | | investigations and disciplinary proceedings with regards to a | 22 | | license. | 23 | | This subsection (f) applies only to causes of action | 24 | | accruing on or after the effective date of this amendatory Act | 25 | | of the 96th General Assembly. | 26 | | (Source: P.A. 96-1221, eff. 7-23-10 .) |
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| 1 | | (225 ILCS 25/26) (from Ch. 111, par. 2326) | 2 | | (Section scheduled to be repealed on January 1, 2026) | 3 | | Sec. 26. Disciplinary actions. | 4 | | (a) In case the respondent, after receiving notice, fails | 5 | | to file an answer, his or her license may, in the discretion of | 6 | | the Secretary, having first received the recommendation of the | 7 | | Board, be suspended, revoked, placed on probationary status, | 8 | | or the Secretary may take whatever disciplinary or | 9 | | non-disciplinary action he or she may deem proper, including | 10 | | limiting the scope, nature, or extent of the person's practice | 11 | | or the imposition of a fine, without a hearing, if the act or | 12 | | acts charged constitute sufficient grounds for such action | 13 | | under this Act. | 14 | | (b) The Secretary may temporarily suspend the license of a | 15 | | dentist , or dental hygienist , or dental therapist without a | 16 | | hearing, simultaneous to the institution of proceedings for a | 17 | | hearing under this Act, if the Secretary finds that evidence | 18 | | in his or her possession indicates that a dentist's or dental | 19 | | hygienist's continuation in practice would constitute an | 20 | | immediate danger to the public. In the event that the | 21 | | Secretary temporarily suspends the license of a dentist , or a | 22 | | dental hygienist , or a dental therapist without a hearing, a | 23 | | hearing by the Board must be held within 15 days after such | 24 | | suspension has occurred. | 25 | | (c) The entry of a judgment by any circuit court |
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| 1 | | establishing that any person holding a license under this Act | 2 | | is a person subject to involuntary admission under the Mental | 3 | | Health and Developmental Disabilities Code shall operate as a | 4 | | suspension of that license. That person may resume his or her | 5 | | practice only upon a finding by the Board that he or she has | 6 | | been determined to be no longer subject to involuntary | 7 | | admission by the court and upon the Board's recommendation to | 8 | | the Secretary that he or she be permitted to resume his or her | 9 | | practice. | 10 | | (Source: P.A. 99-492, eff. 12-31-15.) | 11 | | (225 ILCS 25/34) (from Ch. 111, par. 2334) | 12 | | (Section scheduled to be repealed on January 1, 2026) | 13 | | Sec. 34. Confidential information - disclosure. In all | 14 | | hearings conducted under this Act, information received, | 15 | | pursuant to law, relating to any information acquired by a | 16 | | dentist , or dental hygienist , or dental therapist in attending | 17 | | any patient in a professional character, and necessary to | 18 | | professionally serve such patient, shall be deemed strictly | 19 | | confidential and shall only be made available, either as part | 20 | | of the record of a hearing hereunder or otherwise: (1) when | 21 | | such record is required, in its entirety, for purposes of | 22 | | judicial review pursuant to this Act; or (2) upon the express, | 23 | | written consent of the patient, or in the case of his or her | 24 | | death or disability, his or her personal representative. | 25 | | (Source: P.A. 84-365 .) |
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| 1 | | (225 ILCS 25/36) (from Ch. 111, par. 2336) | 2 | | (Section scheduled to be repealed on January 1, 2026) | 3 | | Sec. 36. Reports of Violations - Immunity. Any person | 4 | | licensed under this Act, the Illinois State Dental Society, | 5 | | Illinois Dental Hygienists Association, or any other similar | 6 | | group or component society or member thereof, or any other | 7 | | person, may report to the Board any information such person, | 8 | | association or society may have which appears to show that a | 9 | | dentist , or dental hygienist , or dental therapist is or may be | 10 | | in violation of any of the provisions of this Act. Any such | 11 | | person, association, or society, participating in good faith | 12 | | in the making of a report, under the Act, shall have immunity | 13 | | from any liability, civil, criminal or that otherwise might | 14 | | result by reason of such action. For the purpose of any | 15 | | proceedings, civil or criminal, the good faith of any such | 16 | | person, association, or society shall be presumed. | 17 | | (Source: P.A. 85-946 .) | 18 | | (225 ILCS 25/37) (from Ch. 111, par. 2337) | 19 | | (Section scheduled to be repealed on January 1, 2026) | 20 | | Sec. 37. Unlicensed practice; injunctions. The practice of | 21 | | dentistry by any person not holding a valid and current | 22 | | license under this Act is declared to be inimical to the public | 23 | | welfare, to constitute a public nuisance, and to cause | 24 | | irreparable harm to the public welfare. |
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| 1 | | A person is considered to practice dentistry who: | 2 | | (1) employs a dentist, dental hygienist, dental | 3 | | therapist, or other entity which can provide dental | 4 | | services under this Act; | 5 | | (2) directs or controls the use of any dental | 6 | | equipment or material while such equipment or material is | 7 | | being used for the provision of dental services, provided | 8 | | that this provision shall not be construed to prohibit a | 9 | | person from obtaining professional advice or assistance in | 10 | | obtaining or from leasing the equipment or material, | 11 | | provided the advice, assistance, or lease does not | 12 | | restrict or interfere with the custody, control, or use of | 13 | | the equipment or material by the person; | 14 | | (3) directs, controls or interferes with a dentist's , | 15 | | or dental hygienist's , or dental therapist's clinical | 16 | | judgment; or | 17 | | (4) exercises direction or control, by written | 18 | | contract, license, or otherwise, over a dentist, dental | 19 | | hygienist, dental therapist, or other entity which can | 20 | | provide dental services under this Act in the selection of | 21 | | a course of treatment; limitation of patient referrals; | 22 | | content of patient records; policies and decisions | 23 | | relating to refunds (if the refund payment would be | 24 | | reportable under federal law to the National Practitioner | 25 | | Data Bank) and warranties and the clinical content of | 26 | | advertising; and final decisions relating to employment of |
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| 1 | | dental assistants and dental hygienists. Nothing in this | 2 | | Act shall, however, be construed as prohibiting the | 3 | | seeking or giving of advice or assistance with respect to | 4 | | these matters. | 5 | | The purpose of this Section is to prevent a non-dentist | 6 | | from influencing or otherwise interfering with the exercise of | 7 | | independent professional judgment by a dentist, dental | 8 | | hygienist, dental therapist, or other entity which can provide | 9 | | dental services under this Act. Nothing in this Section shall | 10 | | be construed to prohibit insurers and managed care plans from | 11 | | operating pursuant to the applicable provisions of the | 12 | | Illinois Insurance Code under which the entities are licensed. | 13 | | The Secretary, the Attorney General, the State's attorney | 14 | | of any county in the State, or any person may maintain an | 15 | | action in the name of the People of the State of Illinois, and | 16 | | may apply for injunctive relief in any circuit court to enjoin | 17 | | such person from engaging in such practice; and upon the | 18 | | filing of a verified petition in such court, the court if | 19 | | satisfied by affidavit, or otherwise, that such person has | 20 | | been engaged in such practice without a valid and current | 21 | | license so to do, may enter a temporary restraining order | 22 | | without notice or bond, enjoining the defendant from such | 23 | | further practice. Only the showing of non-licensure, by | 24 | | affidavit or otherwise, is necessary in order for a temporary | 25 | | injunction to issue. A copy of the verified complaint shall be | 26 | | served upon the defendant and the proceedings shall thereafter |
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| 1 | | be conducted as in other civil cases except as modified by this | 2 | | Section. If it is established that the defendant has been, or | 3 | | is engaged in such unlawful practice, the court may enter an | 4 | | order or judgment perpetually enjoining the defendant from | 5 | | further such practice. In all proceedings hereunder the court, | 6 | | in its discretion, may apportion the costs among the parties | 7 | | interested in the action, including cost of filing the | 8 | | complaint, service of process, witness fees and expenses, | 9 | | court reporter charges and reasonable attorneys' fees. In case | 10 | | of violation of any injunctive order entered under the | 11 | | provisions of this Section, the court may summarily try and | 12 | | punish the offender for contempt of court. Such injunction | 13 | | proceedings shall be in addition to, and not in lieu of, all | 14 | | penalties and other remedies provided in this Act. | 15 | | This Section does not apply to an executor, administrator, | 16 | | guardian, or authorized representative contracting with | 17 | | another dentist or dentists to continue the operations of a | 18 | | deceased or incapacitated dentist's practice under Section | 19 | | 38.2 of this Act. | 20 | | (Source: P.A. 97-1013, eff. 8-17-12 .) | 21 | | (225 ILCS 25/38.1) | 22 | | (Section scheduled to be repealed on January 1, 2026) | 23 | | Sec. 38.1. Prohibition against interference by | 24 | | non-dentists. The purpose of this Section is to ensure that | 25 | | each dentist , or dental hygienist , or dental therapist |
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| 1 | | practicing in this State meets minimum requirements for safe | 2 | | practice without clinical interference by persons not licensed | 3 | | under this Act. It is the legislative intent that dental | 4 | | services be provided only in accordance with the provisions of | 5 | | this Act and not be delegated to unlicensed persons. | 6 | | Unless otherwise authorized by this Act, a dentist , or | 7 | | dental hygienist , or dental therapist is prohibited from | 8 | | providing dental services in this State, if the dentist , or | 9 | | dental hygienist , or dental therapist : | 10 | | (1) is employed by any person other than a dentist to | 11 | | provide dental services, except as set forth in Section | 12 | | 38.2 of this Act; or | 13 | | (2) allows any person other than another dentist to | 14 | | direct, control, or interfere with the dentist's or dental | 15 | | hygienist's clinical judgment. Clinical judgment shall | 16 | | include but not be limited to such matters as the | 17 | | dentist's or dental hygienist's selection of a course of | 18 | | treatment, limitation of patient referrals, content of | 19 | | patient records, policies and decisions relating to | 20 | | refunds (if the refund payment would be reportable under | 21 | | federal law to the National Practitioner Data Bank) and | 22 | | warranties and the clinical content of advertising, and | 23 | | final decisions relating to employment of dental | 24 | | assistants and dental hygienists. This paragraph shall not | 25 | | be construed to limit a patient's right of informed | 26 | | consent. An executor, administrator, guardian, or |
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| 1 | | authorized representative contracting with another dentist | 2 | | or dentists to continue the operations of a deceased or | 3 | | incapacitated dentist's practice under Section 38.2 of | 4 | | this Act who violates this paragraph (2) is subject to the | 5 | | civil penalties set forth in Section 8.5 of this Act. | 6 | | (Source: P.A. 94-1028, eff. 1-1-07 .) | 7 | | (225 ILCS 25/55) (from Ch. 111, par. 2355) | 8 | | (Section scheduled to be repealed on January 1, 2026) | 9 | | Sec. 55. Administrative Procedure Act. The Illinois | 10 | | Administrative Procedure Act is hereby expressly adopted and | 11 | | incorporated herein as if all of the provisions of that Act | 12 | | were included in this Act, except that the provision of | 13 | | subsection (d) of Section 10-65 of the Illinois Administrative | 14 | | Procedure Act that provides that at hearings the dentist , or | 15 | | dental hygienist , or dental therapist has the right to show | 16 | | compliance with all lawful requirements for retention, | 17 | | continuation or renewal of the license is specifically | 18 | | excluded. For the purposes of this Act the notice required | 19 | | under Section 10-25 of the Administrative Procedure Act is | 20 | | deemed sufficient when mailed to the last known address of a | 21 | | party. | 22 | | (Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff. | 23 | | 7-7-95 .) |
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