Full Text of HB5752 97th General Assembly
HB5752enr 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 4, 6, 7, 9, 13, 16, 16.1, 17, 19, 22, 23, | 6 | | 23a, 23b, 24, 25, 26, 27, 29, 30, 31, 32, 33, 37, 38, and 45 as | 7 | | follows:
| 8 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 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 | | (a) "Department" means the Illinois Department of | 19 | | Financial and Professional Regulation.
| 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional Regulation. (b) "Director" means the Director of | 22 | | Professional Regulation.
| 23 | | (c) "Board" means the Board of Dentistry established by |
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| 1 | | Section 6 of this
Act .
| 2 | | (d) "Dentist" means a person who has received a general | 3 | | license pursuant
to paragraph (a) of Section 11 of this Act and | 4 | | who may perform any intraoral
and extraoral procedure required | 5 | | in the practice of dentistry and to whom is
reserved the | 6 | | responsibilities specified in Section 17.
| 7 | | (e) "Dental hygienist" means a person who holds a license | 8 | | under this Act to
perform dental services as authorized by | 9 | | Section 18.
| 10 | | (f) "Dental assistant" means an appropriately trained | 11 | | person
who, under the supervision of a dentist, provides dental | 12 | | services
as authorized by Section 17.
| 13 | | (g) "Dental laboratory" means a person, firm or corporation | 14 | | which:
| 15 | | (i) engages in making, providing, repairing or | 16 | | altering dental
prosthetic appliances and other artificial | 17 | | materials and devices which are
returned to a dentist for | 18 | | insertion into the human oral cavity or which
come in | 19 | | contact with its adjacent structures and tissues; and
| 20 | | (ii) utilizes or employs a dental technician to provide | 21 | | such services; and
| 22 | | (iii) performs such functions only for a dentist or | 23 | | dentists.
| 24 | | (h) "Supervision" means supervision of a dental hygienist | 25 | | or a dental
assistant requiring that a dentist authorize the | 26 | | procedure, remain in the
dental facility while the procedure is |
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| 1 | | performed, and approve the work
performed by the dental | 2 | | hygienist or dental assistant before dismissal of
the patient, | 3 | | but does not mean that the dentist must be present at all
times | 4 | | in the treatment room.
| 5 | | (i) "General supervision" means supervision of a dental | 6 | | hygienist
requiring that the patient be a patient of record,
| 7 | | that the dentist
examine the patient in accordance with Section | 8 | | 18 prior to treatment by the
dental hygienist, and that the
| 9 | | dentist authorize the procedures which
are being carried
out by | 10 | | a notation in the patient's record, but not requiring that a | 11 | | dentist
be present when the authorized
procedures are being | 12 | | performed. The
issuance of a prescription to a dental | 13 | | laboratory by a
dentist does not constitute general | 14 | | supervision.
| 15 | | (j) "Public member" means a person who is not a health | 16 | | professional.
For purposes of board membership, any person with | 17 | | a significant financial
interest in a health service or | 18 | | profession is not a public member.
| 19 | | (k) "Dentistry" means the healing art which is concerned | 20 | | with the
examination, diagnosis, treatment planning and care of | 21 | | conditions within
the human oral cavity and its adjacent | 22 | | tissues and structures, as further
specified in Section 17.
| 23 | | (l) "Branches of dentistry" means the various specialties | 24 | | of dentistry
which, for purposes of this Act, shall be limited | 25 | | to the following:
endodontics, oral and maxillofacial surgery, | 26 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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| 1 | | periodontics, prosthodontics, and oral and maxillofacial
| 2 | | radiology.
| 3 | | (m) "Specialist" means a dentist who has received a | 4 | | specialty license
pursuant to Section 11(b).
| 5 | | (n) "Dental technician" means a person who owns, operates | 6 | | or is
employed by a dental laboratory and engages in making, | 7 | | providing, repairing
or altering dental prosthetic appliances | 8 | | and other artificial materials and
devices which are returned | 9 | | to a dentist for insertion into the human oral
cavity or which | 10 | | come in contact with its adjacent structures and tissues.
| 11 | | (o) "Impaired dentist" or "impaired dental hygienist" | 12 | | means a dentist
or dental hygienist who is unable to practice | 13 | | with
reasonable skill and safety because of a physical or | 14 | | mental disability as
evidenced by a written determination or | 15 | | written consent based on clinical
evidence, including | 16 | | deterioration through the aging process, loss of motor
skills, | 17 | | abuse of drugs or alcohol, or a psychiatric disorder, of | 18 | | sufficient
degree to diminish the person's ability to deliver | 19 | | competent patient care.
| 20 | | (p) "Nurse" means a registered professional nurse, a | 21 | | certified registered
nurse anesthetist licensed as an advanced | 22 | | practice
nurse, or a licensed practical nurse licensed under | 23 | | the Nurse Practice Act.
| 24 | | (q) "Patient of record" means a patient for whom the | 25 | | patient's most recent
dentist has obtained
a
relevant medical | 26 | | and dental history and on whom the dentist has performed an
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| 1 | | examination and evaluated the condition to be treated.
| 2 | | (r) "Dental emergency responder" means a dentist or dental | 3 | | hygienist who is appropriately certified in emergency medical | 4 | | response, as defined by the Department of Public Health.
| 5 | | (s) "Mobile dental van or portable dental unit" means any | 6 | | self-contained or portable dental unit in which dentistry is | 7 | | practiced that can be moved, towed, or transported from one | 8 | | location to another in order to establish a location where | 9 | | dental services can be provided. | 10 | | (Source: P.A. 97-526, eff. 1-1-12.)
| 11 | | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 6. Board of Dentistry - Report By Majority Required. | 14 | | There
is created a Board of Dentistry, to be composed of | 15 | | persons designated from
time to time by the Secretary Director , | 16 | | as follows:
| 17 | | Eleven persons, 8 of whom have been dentists for a period | 18 | | of 5
years or
more; 2 of whom have been dental hygienists
for a | 19 | | period of 5 years or more, and one public member.
None of the | 20 | | members shall be an officer, dean, assistant dean, or associate
| 21 | | dean of a
dental college or dental department of an institute | 22 | | of learning, nor shall any
member be
the program director of | 23 | | any dental hygiene program. A board member who holds a
faculty | 24 | | position in a dental school or dental hygiene program shall not
| 25 | | participate in the
examination of applicants for licenses from |
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| 1 | | that school or program. The
dental
hygienists shall not | 2 | | participate in the examination of
applicants for licenses
to | 3 | | practice dentistry. The public member shall not participate in | 4 | | the
examination of applicants for licenses to
practice | 5 | | dentistry or dental
hygiene. The board shall annually elect a | 6 | | chairman who shall be a dentist.
| 7 | | Terms for all members shall be for 4 years. Partial terms | 8 | | over 2 years
in length shall be considered as full terms. A | 9 | | member may be reappointed
for a successive term, but no member | 10 | | shall serve more than 2 full terms in
his or her lifetime.
| 11 | | The membership of the Board shall include only residents | 12 | | from various
geographic areas of this State and shall include | 13 | | at least some graduates
from various institutions of dental | 14 | | education in this State.
| 15 | | In making appointments to the Board the Secretary Director | 16 | | shall give due
consideration to recommendations by | 17 | | organizations of the dental profession
in Illinois, including | 18 | | the Illinois State Dental Society and Illinois
Dental | 19 | | Hygienists Association, and shall promptly give due notice to
| 20 | | such organizations of any vacancy in the membership of the | 21 | | Board.
The Secretary Director may terminate the appointment of | 22 | | any member for cause which in
the opinion of the Secretary | 23 | | Director reasonably justifies such termination.
| 24 | | A vacancy in the membership of the Board
shall not impair | 25 | | the right of a quorum to exercise all the rights
and perform | 26 | | all the duties of the Board.
Any action to be taken by the |
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| 1 | | Board under this Act may be authorized
by resolution at any | 2 | | regular or special meeting, and each such resolution
shall take | 3 | | effect immediately. The Board shall meet at least quarterly.
| 4 | | The Board may adopt all rules and regulations necessary and | 5 | | incident
to its powers and duties under this Act.
| 6 | | The members of the Board shall each receive as compensation | 7 | | a reasonable
sum as determined by the Secretary Director for | 8 | | each day actually engaged in the
duties of the office, and all | 9 | | legitimate and necessary expense incurred in
attending the | 10 | | meetings of the Board.
| 11 | | Members of the Board shall be immune from suit in any | 12 | | action based
upon any disciplinary proceedings or other | 13 | | activities performed in good
faith as members of the Board.
| 14 | | (Source: P.A. 93-821, eff. 7-28-04 .)
| 15 | | (225 ILCS 25/7) (from Ch. 111, par. 2307)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 7. Recommendations by the Board of
Dentistry . The | 18 | | Secretary may Director shall consider the recommendations of | 19 | | the Board
in establishing guidelines for professional conduct, | 20 | | for the conduct of
formal disciplinary proceedings brought | 21 | | under this Act, and for
establishing guidelines for | 22 | | qualifications of applicants. Notice of
proposed rulemaking | 23 | | shall be transmitted to the Board and the Department
shall | 24 | | review the response of the Board and any recommendations made
| 25 | | therein. The Department may, at any time, seek the expert |
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| 1 | | advice
and knowledge of the Board on any matter relating to the | 2 | | administration or
enforcement of this Act.
The action or report | 3 | | in writing of a majority of the Board shall be
sufficient | 4 | | authority upon which the Secretary Director may act.
| 5 | | Whenever the Secretary Director is satisfied that | 6 | | substantial justice has not been
done either in an examination | 7 | | or in the revocation, suspension or refusal
to issue a license, | 8 | | the Secretary Director may order a reexamination or rehearing.
| 9 | | (Source: P.A. 94-409, eff. 12-31-05.)
| 10 | | (225 ILCS 25/9) (from Ch. 111, par. 2309) | 11 | | (Section scheduled to be repealed on January 1, 2016) | 12 | | Sec. 9. Qualifications of Applicants for Dental Licenses. | 13 | | The
Department shall require that each applicant for a license | 14 | | to
practice dentistry shall: | 15 | | (a) (Blank). | 16 | | (b) Be at least 21 years of age and of good moral | 17 | | character. | 18 | | (c) (1) Present satisfactory evidence of completion of | 19 | | dental
education by graduation from a dental college or | 20 | | school in the United
States or Canada approved by the | 21 | | Department. The Department shall not approve
any dental | 22 | | college or school which does not require at least (A) 60 | 23 | | semester
hours of collegiate credit or the equivalent in | 24 | | acceptable subjects from a
college or university before | 25 | | admission, and (B) completion of at least 4
academic years |
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| 1 | | of instruction or the equivalent in an approved dental | 2 | | college
or school that is accredited by the Commission on | 3 | | Dental Accreditation of the American Dental Association; | 4 | | or | 5 | | (2) Present satisfactory evidence of completion of | 6 | | dental education by
graduation from a dental college or | 7 | | school outside the United States or
Canada and provide | 8 | | satisfactory evidence that: | 9 | | (A) (blank); | 10 | | (B) the applicant has completed a minimum of 2 | 11 | | academic years of general
dental clinical training at a | 12 | | dental college or school in the United States or
Canada | 13 | | approved by the Department, however, an accredited | 14 | | advanced dental education program approved by the | 15 | | Department of no less than 2 years may be substituted | 16 | | for the 2 academic years of general dental clinical | 17 | | training and an applicant who was enrolled
for not less | 18 | | than one year in an approved clinical program prior to | 19 | | January 1,
1993 at an Illinois dental college or school | 20 | | shall be required to complete only
that program; and | 21 | | (C) the applicant has received certification from | 22 | | the dean of an
approved dental college or school in the | 23 | | United States or Canada or the program director of an | 24 | | approved advanced dental education program stating | 25 | | that
the applicant has achieved the same level of | 26 | | scientific knowledge and clinical
competence as |
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| 1 | | required of all graduates of the college, school, or | 2 | | advanced dental education program. | 3 | | Nothing in this Act shall be construed to prevent | 4 | | either the Department or
any dental college or school from | 5 | | establishing higher standards than
specified in this Act. | 6 | | (d) (Blank). | 7 | | (e) Present satisfactory evidence that the applicant | 8 | | has passed both parts of the National Board Dental | 9 | | Examination administered by the Joint Commission on | 10 | | National Dental Examinations and has successfully | 11 | | completed an examination conducted by one of the following | 12 | | regional testing services: the Central Regional Dental | 13 | | Testing Service, Inc. (CRDTS), the Southern Regional | 14 | | Testing Agency, Inc. (SRTA), the Western Regional | 15 | | Examining Board (WREB), the North East Regional Board | 16 | | (NERB), or the Council of Interstate Testing Agencies | 17 | | (CITA). For purposes of this Section, successful | 18 | | completion shall mean that the applicant has achieved a | 19 | | minimum passing score as determined by the applicable | 20 | | regional testing service. The Secretary of the Department | 21 | | may suspend a regional testing service under this | 22 | | subsection (e) if, after proper notice and hearing, it is | 23 | | established that (i) the integrity of the examination has | 24 | | been breached so as to make future test results unreliable | 25 | | or (ii) the test is fundamentally deficient in testing | 26 | | clinical competency. |
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| 1 | | In determining professional capacity under this Section, | 2 | | any
individual who has not been actively engaged in the | 3 | | practice of dentistry,
has not been a dental student, or has | 4 | | not been engaged in a formal program
of dental education during | 5 | | the 5 years immediately preceding the filing of an
application | 6 | | may be required to complete such additional testing, training, | 7 | | or
remedial education as the Board may deem necessary in order | 8 | | to establish
the applicant's present capacity to practice | 9 | | dentistry with reasonable
judgment, skill, and safety. | 10 | | (Source: P.A. 96-14, eff. 6-19-09; 96-1000, eff. 7-2-10; | 11 | | 96-1222, eff. 7-23-10; 97-526, eff. 1-1-12.)
| 12 | | (225 ILCS 25/13) (from Ch. 111, par. 2313)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 13. Qualifications of Applicants for Dental | 15 | | Hygienists. Every
person who desires to obtain a license as a | 16 | | dental hygienist shall apply to the
Department in writing, upon | 17 | | forms prepared
and furnished by the Department. Each | 18 | | application shall contain proof of
the particular | 19 | | qualifications required of the applicant, shall be verified
by | 20 | | the applicant, under oath, and shall be accompanied by the | 21 | | required
examination fee.
| 22 | | The Department shall require that every applicant for a | 23 | | license
as a dental hygienist shall:
| 24 | | (1) (Blank).
| 25 | | (2) Be a graduate of high school
or its equivalent.
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| 1 | | (3) Present satisfactory evidence of having successfully | 2 | | completed 2 academic
years of credit at a dental hygiene | 3 | | program accredited by the Commission on
Dental Accreditation of | 4 | | the American Dental Association.
| 5 | | (4) Submit evidence that he or she holds a currently valid | 6 | | certification to
perform cardiopulmonary resuscitation. The | 7 | | Department shall adopt rules
establishing criteria for | 8 | | certification in cardiopulmonary resuscitation.
The rules of | 9 | | the Department shall provide for variances only in instances
| 10 | | where the applicant is physically disabled and therefore unable | 11 | | to secure
such certification.
| 12 | | (5) (Blank).
| 13 | | (6) Present satisfactory evidence that the applicant has | 14 | | passed the National Board Dental Hygiene Examination | 15 | | administered by the Joint Commission on National Dental | 16 | | Examinations and has successfully completed an examination | 17 | | conducted by one of the following regional testing services: | 18 | | the Central Regional Dental Testing Service, Inc. (CRDTS), the | 19 | | Southern Regional Testing Agency, Inc. (SRTA), the Western | 20 | | Regional Examining Board (WREB), or the North East Regional | 21 | | Board (NERB). For the purposes of this Section, successful | 22 | | completion shall mean that the applicant has achieved a minimum | 23 | | passing score as determined by the applicable regional testing | 24 | | service. The Secretary of the Department may suspend a regional | 25 | | testing service under this item (6) if, after proper notice and | 26 | | hearing, it is established that (i) the integrity of the |
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| 1 | | examination has been breached so as to make future test results | 2 | | unreliable or (ii) the examination is fundamentally deficient | 3 | | in testing clinical competency.
| 4 | | (Source: P.A. 96-14, eff. 6-19-09.)
| 5 | | (225 ILCS 25/16) (from Ch. 111, par. 2316)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 16. Expiration, renewal and restoration of licenses.
| 8 | | The expiration
date and renewal date for each license issued | 9 | | under this Act shall
be set by
rule. The renewal period for | 10 | | each license issued under this Act shall be 3 years. A dentist | 11 | | or dental hygienist may renew a license during the month
| 12 | | preceding its expiration date by paying the required fee. A | 13 | | dentist or dental hygienist
shall provide proof of current | 14 | | Basic Life Support (BLS) certification by an organization that | 15 | | has adopted the American Heart Association's guidelines on BLS | 16 | | intended for health care providers at
the time of renewal. | 17 | | Basic Life Support certification training taken as a | 18 | | requirement of this Section shall be counted for no more than 4 | 19 | | hours during each licensure period towards the continuing | 20 | | education hours under Section 16.1 of this Act. The Department | 21 | | shall provide by rule for exemptions from this requirement for | 22 | | a dentist or dental hygienist with a physical disability that | 23 | | would preclude him or her from performing BLS.
| 24 | | Any dentist or dental hygienist whose license has expired | 25 | | or whose license is
on inactive status may have his license |
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| 1 | | restored at any time within 5 years
after the expiration | 2 | | thereof, upon payment of the required fee and a showing of | 3 | | proof of compliance with current continuing education | 4 | | requirements, as provided by rule.
| 5 | | Any person whose license has been expired for more than 5 | 6 | | years or who has
had his license on inactive status for more | 7 | | than 5 years may have his license
restored by making | 8 | | application to the Department and filing proof acceptable to
| 9 | | the Department of taking continuing education and of his | 10 | | fitness to have the license restored, including sworn
evidence | 11 | | certifying to active practice in another jurisdiction, and by | 12 | | paying
the required restoration fee. A person practicing on an | 13 | | expired license is
deemed to be practicing without a license. | 14 | | However, a holder of a license may renew the license within 90 | 15 | | days after its expiration by complying with the requirements | 16 | | for renewal and payment of an additional fee. A license renewal | 17 | | within 90 days after expiration shall be effective | 18 | | retroactively to the expiration date.
| 19 | | If a person whose license has expired or who has had his | 20 | | license on inactive
status for more than 5 years has not | 21 | | maintained an active practice satisfactory
to the department, | 22 | | the Department shall determine, by
an evaluation process | 23 | | established by rule, his or her fitness to resume
active status | 24 | | and may require the person to complete a period of evaluated
| 25 | | clinical experience and may require successful completion of a | 26 | | practical
examination.
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| 1 | | However, any person whose license has
expired while he or | 2 | | she was (i) on active duty with the Armed Forces of the United | 3 | | States or called into service or training by the State militia | 4 | | or (ii) has been engaged (1) in federal or state service active
| 5 | | duty, or (2) in training or education under the supervision of | 6 | | the United
States preliminary to induction into the military | 7 | | service, may have his
or her license renewed, reinstated, or | 8 | | restored without paying any lapsed
renewal or restoration fee, | 9 | | if within 2 years after termination of such
service, training , | 10 | | or education other than by dishonorable discharge, he or she
| 11 | | furnishes the Department with satisfactory proof that he or she | 12 | | has been so
engaged and that his or her service, training , or | 13 | | education has been so terminated.
| 14 | | (Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
| 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
Illinois State Board of
Dentistry | 14 | | shall determine, in accordance with rules adopted by the
| 15 | | Department,
whether a licensee or applicant has met the | 16 | | continuing education
requirements.
Any dentist who holds more | 17 | | than one license under this
Act shall be required to complete
| 18 | | only the minimum number of hours of continuing education | 19 | | required for
renewal of a single license. The Department may | 20 | | provide exemptions from
continuing education requirements. The | 21 | | exemptions shall include, but shall
not be limited to, dentists | 22 | | and dental hygienists who agree not to practice
within the | 23 | | State during the licensing period because they are retired from
| 24 | | practice.
| 25 | | (Source: P.A. 97-526, eff. 1-1-12.)
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| 1 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 17. Acts Constituting the Practice of Dentistry. A | 4 | | person
practices dentistry, within the meaning of this Act:
| 5 | | (1) Who represents himself or herself as being able to | 6 | | diagnose or diagnoses,
treats, prescribes, or operates for | 7 | | any disease, pain, deformity, deficiency,
injury, or | 8 | | physical condition of the human tooth, teeth, alveolar | 9 | | process,
gums or jaw; or
| 10 | | (2) Who is a manager, proprietor, operator or conductor | 11 | | of a
business where
dental operations are performed; or
| 12 | | (3) Who performs dental operations of any kind; or
| 13 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 14 | | diagnostic purposes; or
| 15 | | (5) Who extracts a human tooth or teeth, or corrects or | 16 | | attempts to
correct
malpositions of the human teeth or | 17 | | jaws; or
| 18 | | (6) Who offers or undertakes, by any means or method, | 19 | | to diagnose, treat
or remove stains, calculus, and bonding | 20 | | materials from human teeth or jaws; or
| 21 | | (7) Who uses or administers local or general | 22 | | anesthetics in the treatment
of dental or oral diseases or | 23 | | in any preparation incident to a dental operation
of any | 24 | | kind or character; or
| 25 | | (8) Who takes impressions of the human tooth, teeth, or | 26 | | jaws or performs
any phase of any operation incident to the |
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| 1 | | replacement of a part of a tooth,
a tooth, teeth or | 2 | | associated tissues by means of a filling, crown, a bridge,
| 3 | | a denture or other appliance; or
| 4 | | (9) Who offers to furnish, supply, construct, | 5 | | reproduce or repair, or
who furnishes, supplies, | 6 | | constructs, reproduces or repairs, prosthetic
dentures, | 7 | | bridges or other substitutes for natural teeth, to the user | 8 | | or
prospective user thereof; or
| 9 | | (10) Who instructs students on clinical matters or | 10 | | performs any clinical
operation included in the curricula | 11 | | of recognized dental schools and colleges; or
| 12 | | (11) Who takes impressions of human teeth or places his | 13 | | or her hands in the mouth of any person for the purpose of | 14 | | applying teeth whitening materials, or who takes | 15 | | impressions of human teeth or places his or her hands in | 16 | | the mouth of any person for the purpose of assisting in the | 17 | | application of teeth whitening materials. A person does not | 18 | | practice dentistry when he or she discloses to the consumer | 19 | | that he or she is not licensed as a dentist under this Act | 20 | | and (i) discusses the use of teeth whitening materials with | 21 | | a consumer purchasing these materials; (ii) provides | 22 | | instruction on the use of teeth whitening materials with a | 23 | | consumer purchasing these materials; or (iii) provides | 24 | | appropriate equipment on-site to the consumer for the | 25 | | consumer to self-apply teeth whitening materials. | 26 | | The fact that any person engages in or performs, or offers |
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| 1 | | to engage in
or perform, any of the practices, acts, or | 2 | | operations set forth in this
Section, shall be prima facie | 3 | | evidence that such person is engaged in the
practice of | 4 | | dentistry.
| 5 | | The following practices, acts, and operations, however, | 6 | | are exempt from
the operation of this Act:
| 7 | | (a) The rendering of dental relief in emergency cases | 8 | | in the practice
of his or her profession by a physician or | 9 | | surgeon, licensed as such
under the laws of this State, | 10 | | unless he or she undertakes to reproduce or reproduces
lost | 11 | | parts of the human teeth in the mouth or to restore or | 12 | | replace lost
or missing teeth in the mouth; or
| 13 | | (b) The practice of dentistry in the discharge of their | 14 | | official duties
by dentists in any branch of the Armed | 15 | | Services of the United States, the
United States Public | 16 | | Health Service, or the United States Veterans
| 17 | | Administration; or
| 18 | | (c) The practice of dentistry by students in their | 19 | | course of study
in dental schools or colleges approved by | 20 | | the Department, when acting under the
direction and | 21 | | supervision of dentists acting as instructors; or
| 22 | | (d) The practice of dentistry by clinical instructors | 23 | | in the course of
their teaching duties in dental schools or | 24 | | colleges approved by the
Department:
| 25 | | (i) when acting under the direction and | 26 | | supervision of dentists,
provided that such clinical |
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| 1 | | instructors have instructed continuously in
this State | 2 | | since January 1, 1986; or
| 3 | | (ii) when holding the rank of full professor at | 4 | | such approved dental
school or college and possessing a | 5 | | current valid license or authorization
to practice | 6 | | dentistry in another country; or
| 7 | | (e) The practice of dentistry by licensed dentists of | 8 | | other states or
countries at meetings of the Illinois State | 9 | | Dental Society or component
parts thereof, alumni meetings | 10 | | of dental colleges, or any other like dental
organizations, | 11 | | while appearing as clinicians; or
| 12 | | (f) The use of X-Ray machines for exposing X-Ray films | 13 | | of dental or oral
tissues by dental hygienists or dental | 14 | | assistants; or
| 15 | | (g) The performance of any dental service by a dental | 16 | | assistant, if such
service is performed under the | 17 | | supervision and full responsibility of a
dentist.
| 18 | | For purposes of this paragraph (g), "dental service" is | 19 | | defined to mean
any intraoral procedure or act which shall | 20 | | be prescribed by rule or
regulation of the Department. | 21 | | Dental service, however, shall not include:
| 22 | | (1) Any and all diagnosis of or prescription for | 23 | | treatment of disease,
pain, deformity, deficiency, | 24 | | injury or physical condition of the human teeth
or | 25 | | jaws, or adjacent structures.
| 26 | | (2) Removal of, or restoration of, or addition
to |
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| 1 | | the hard or soft tissues of the oral cavity, except for | 2 | | the placing, carving, and finishing of amalgam | 3 | | restorations by dental assistants who have had | 4 | | additional formal education and certification as | 5 | | determined by the Department.
| 6 | | (3) Any and all correction of malformation of teeth | 7 | | or of the jaws.
| 8 | | (4) Administration of anesthetics, except for | 9 | | application of topical
anesthetics and monitoring of | 10 | | nitrous oxide. Monitoring of
nitrous oxide may be | 11 | | performed after successful completion of a training
| 12 | | program approved by the Department.
| 13 | | (5) Removal of calculus from human teeth.
| 14 | | (6) Taking of impressions for the fabrication of | 15 | | prosthetic
appliances,
crowns,
bridges, inlays, | 16 | | onlays, or other restorative or replacement
dentistry.
| 17 | | (7) The operative procedure of dental hygiene | 18 | | consisting of oral
prophylactic procedures, except for | 19 | | coronal polishing,
which may be
performed by a
dental | 20 | | assistant who has successfully completed a training | 21 | | program approved by
the Department. Dental assistants | 22 | | may perform coronal polishing under the
following | 23 | | circumstances: (i) the coronal polishing shall be | 24 | | limited to
polishing the
clinical crown of the tooth | 25 | | and existing restorations, supragingivally; (ii)
the
| 26 | | dental assistant performing the coronal polishing |
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| 1 | | shall be limited to the use
of
rotary instruments using | 2 | | a rubber cup or brush polishing method (air polishing
| 3 | | is
not permitted); and (iii) the supervising dentist | 4 | | shall not supervise more
than 4
dental assistants at | 5 | | any one time for the task of coronal polishing.
| 6 | | (h) The practice of dentistry by an individual who:
| 7 | | (i) has applied in writing to the Department, in | 8 | | form and substance
satisfactory to the Department, for | 9 | | a general dental license and has
complied with all | 10 | | provisions of Section 9 of this Act, except for the
| 11 | | passage of the examination specified in subsection | 12 | | (e), of Section 9, of this
Act; or
| 13 | | (ii) has applied in writing to the Department, in | 14 | | form and substance
satisfactory to the Department, for | 15 | | a temporary dental license and has
complied with all | 16 | | provisions of subsection (c), of Section 11, of this | 17 | | Act; and
| 18 | | (iii) has been accepted or appointed for specialty | 19 | | or residency training
by a hospital situated in this | 20 | | State; or
| 21 | | (iv) has been accepted or appointed for specialty | 22 | | training in an
approved dental program situated in this | 23 | | State; or
| 24 | | (v) has been accepted or appointed for specialty | 25 | | training in a dental
public health agency situated in | 26 | | this State.
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| 1 | | The applicant shall be permitted to practice dentistry | 2 | | for a period of 3
months from the starting date of the | 3 | | program, unless authorized in writing
by the Department to | 4 | | continue such practice for a period specified in
writing by | 5 | | the Department.
| 6 | | The applicant shall only be entitled to perform such | 7 | | acts as may be
prescribed by and incidental to his or her | 8 | | their program of residency or specialty
training and shall | 9 | | not otherwise engage in the practice of dentistry in this
| 10 | | State.
| 11 | | The authority to practice shall terminate immediately | 12 | | upon:
| 13 | | (1) the decision of the Department that the | 14 | | applicant has failed the
examination; or
| 15 | | (2) denial of licensure by the Department; or
| 16 | | (3) withdrawal of the application.
| 17 | | (Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
| 18 | | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 19. Licensing Applicants from other States. Any person | 21 | | who has
been lawfully licensed to practice dentistry, including | 22 | | the practice of a licensed dental specialty, or dental hygiene | 23 | | in
another state or territory
which has and maintains a | 24 | | standard for the practice of dentistry, a dental specialty, or | 25 | | dental
hygiene at least equal to that now maintained in this |
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| 1 | | State, or if the
requirements for licensure in such state or | 2 | | territory in which the
applicant was licensed were, at the date | 3 | | of his or her licensure, substantially
equivalent to the | 4 | | requirements then in force in this State, and who has
been | 5 | | lawfully engaged in
the practice of dentistry or dental hygiene | 6 | | for at least 3 of the 5 years
immediately preceding the filing | 7 | | of his or her application
to practice in this State
and who | 8 | | shall deposit with the Department a duly attested certificate | 9 | | from
the Board of the state or territory in which he or she is | 10 | | licensed,
certifying to the fact of his or her licensing and of | 11 | | his or her being a
person of good moral character may, upon | 12 | | payment of the required fee, be
granted a license to practice | 13 | | dentistry, a dental specialty, or dental hygiene in this State, | 14 | | as the case 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 | | (Source: P.A. 97-526, eff. 1-1-12.)
| 8 | | (225 ILCS 25/22) (from Ch. 111, par. 2322)
| 9 | | (Section scheduled to be repealed on January 1, 2016)
| 10 | | Sec. 22. Returned checks; penalties. Any person who | 11 | | delivers a check or other payment to the Department that
is | 12 | | returned to the Department unpaid by the financial institution | 13 | | upon
which it is drawn shall pay to the Department, in addition | 14 | | to the amount
already owed to the Department, a fine of $50. | 15 | | The fines imposed by this Section are in addition
to any other | 16 | | discipline provided under this Act for unlicensed
practice or | 17 | | practice on a nonrenewed license. The Department shall notify
| 18 | | the person that payment of fees and fines shall be paid to the | 19 | | Department
by certified check or money order within 30 calendar | 20 | | days of the
notification. If, after the expiration of 30 days | 21 | | from the date of the
notification, the person has failed to | 22 | | submit the necessary remittance, the
Department shall | 23 | | automatically terminate the license or deny
the application, | 24 | | without hearing. If, after termination or denial, the
person | 25 | | seeks a license, he or she shall apply to the
Department for |
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| 1 | | restoration or issuance of the license and
pay all fees and | 2 | | fines due to the Department. The Department may establish
a fee | 3 | | for the processing of an application for restoration of a | 4 | | license to pay
all expenses of processing this application. The | 5 | | Secretary Director
may waive the fines due under this Section | 6 | | in individual cases where the Secretary
Director finds that the | 7 | | fines would be unreasonable or unnecessarily
burdensome.
| 8 | | (Source: P.A. 92-146, eff. 1-1-02 .)
| 9 | | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 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 per | 16 | | 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 in | 19 | | procuring a the license under this Act, or in connection | 20 | | with 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 | | Habitual intoxication or addiction to alcohol, narcotics, | 24 | | stimulants, or any other chemical agent or drug the use of | 25 | | drugs .
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| 1 | | 3. Willful or repeated violations of the rules of the | 2 | | Department of
Public Health or Department of Nuclear | 3 | | Safety.
| 4 | | 4. Acceptance of a fee for service as a witness, | 5 | | without the
knowledge of the court, in addition to the fee | 6 | | allowed by the court.
| 7 | | 5. Division of fees or agreeing to split or divide the | 8 | | fees received
for dental services with any person for | 9 | | bringing or referring a patient,
except in regard to | 10 | | referral services as provided for under Section 45,
or | 11 | | assisting in the care or treatment of a patient,
without | 12 | | the
knowledge of the patient or his or her legal | 13 | | representative. Nothing in this item 5 affects any bona | 14 | | fide independent contractor or employment arrangements | 15 | | among health care professionals, health facilities, health | 16 | | care providers, or other entities, except as otherwise | 17 | | prohibited by law. Any employment arrangements may include | 18 | | provisions for compensation, health insurance, pension, or | 19 | | other employment benefits for the provision of services | 20 | | within the scope of the licensee's practice under this Act. | 21 | | Nothing in this item 5 shall be construed to require an | 22 | | employment arrangement to receive professional fees for | 23 | | services rendered.
| 24 | | 6. Employing, procuring, inducing, aiding or abetting | 25 | | a person not
licensed or registered as a dentist to engage | 26 | | in the practice of
dentistry. The person practiced upon is |
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| 1 | | not an accomplice, employer,
procurer, inducer, aider, or | 2 | | 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 practice | 8 | | of dentistry by another, or
professional connection or | 9 | | association with any person, firm or
corporation holding | 10 | | himself, herself, themselves, or itself out in any manner
| 11 | | 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 Services | 17 | | (formerly Department of Public Aid) under the Illinois | 18 | | Public Aid Code .
| 19 | | 10. Practicing under a false or, except as provided by | 20 | | law, an assumed name other than his or her own .
| 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 in | 7 | | this or another State of any crime which is a
felony under | 8 | | the laws of this State or conviction of a felony in a
| 9 | | federal court, conviction of a misdemeanor, an essential | 10 | | element of which
is dishonesty, or conviction of any crime | 11 | | which is directly related to the
practice of dentistry or | 12 | | dental hygiene .
| 13 | | 13. Permitting a dental hygienist, dental assistant or | 14 | | other person
under his or her supervision to perform
any | 15 | | operation not authorized by this Act.
| 16 | | 14. Permitting more than 4 dental hygienists to be | 17 | | employed under
his or her supervision at any one time.
| 18 | | 15. A violation of any provision of this
Act or any | 19 | | rules promulgated under this Act.
| 20 | | 16. Taking impressions for or using the services of any | 21 | | person, firm
or corporation violating this Act.
| 22 | | 17. Violating any provision of Section 45 relating to | 23 | | advertising.
| 24 | | 18. Discipline by another U.S. jurisdiction or foreign | 25 | | nation,
if at least one of the grounds for the discipline | 26 | | is the
same or substantially equivalent to those set forth |
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| 1 | | within this Act.
| 2 | | 19. Willfully failing to report an instance of | 3 | | suspected child abuse or
neglect as required by the Abused | 4 | | and Neglected Child Reporting
Act.
| 5 | | 20. Gross negligence in practice under this Act or | 6 | | repeated malpractice resulting in injury or death of a | 7 | | patient .
| 8 | | 21. The use or prescription for use of narcotics or | 9 | | controlled substances
or designated products as listed in | 10 | | the Illinois Controlled Substances
Act, in any way other | 11 | | than for therapeutic purposes.
| 12 | | 22. Willfully making or filing false records or reports | 13 | | in his or her practice
as a dentist, including, but not | 14 | | limited to, false records to support claims
against the | 15 | | dental assistance program of the Department of Healthcare | 16 | | and Family Services (formerly
Illinois Department of | 17 | | Public
Aid).
| 18 | | 23. Professional incompetence as manifested by poor | 19 | | standards of care.
| 20 | | 24. Physical or mental illness, including, but not | 21 | | limited to,
deterioration
through
the aging process, or | 22 | | loss of motor skills which results in a dentist's
inability | 23 | | to practice dentistry with reasonable judgment, skill or | 24 | | safety. In
enforcing this paragraph, the Department may | 25 | | compel a person licensed to
practice under this Act to | 26 | | submit to a mental or physical examination pursuant
to the |
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| 1 | | terms and conditions of Section 23b.
| 2 | | 25. Gross or repeated irregularities Repeated | 3 | | irregularities in billing a third party for services | 4 | | rendered
to a patient. For purposes of this paragraph 25, | 5 | | "irregularities in billing"
shall include:
| 6 | | (a) Reporting excessive charges for the purpose of | 7 | | obtaining a total
payment
in excess of that usually | 8 | | received by the dentist for the services rendered.
| 9 | | (b) Reporting charges for services not rendered.
| 10 | | (c) Incorrectly reporting services rendered for | 11 | | the purpose of obtaining
payment not earned.
| 12 | | 26. Continuing the active practice of dentistry while | 13 | | knowingly having
any infectious, communicable, or | 14 | | contagious disease proscribed by rule or
regulation of the | 15 | | Department.
| 16 | | 27. Being named as a perpetrator in an indicated report | 17 | | by the
Department of Children and Family Services pursuant | 18 | | to the Abused and
Neglected Child Reporting Act, and upon
| 19 | | proof by clear and convincing evidence that the licensee | 20 | | has
caused a child to be an abused child or neglected child | 21 | | as defined in the
Abused and Neglected Child Reporting Act.
| 22 | | 28. Violating the Health Care Worker Self-Referral | 23 | | Act.
| 24 | | 29. Abandonment of a patient.
| 25 | | 30. Mental incompetency as declared by a court of | 26 | | competent
jurisdiction.
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| 1 | | 31. A finding by the Department that the licensee, | 2 | | after having his or her license placed on probationary | 3 | | status, has violated the terms of probation. | 4 | | 32. Material misstatement in furnishing information to | 5 | | the Department. | 6 | | 33. Failing, within 60 days, to provide information in | 7 | | response to a written request by the Department in the | 8 | | course of an investigation. | 9 | | 34. Immoral conduct in the commission of any act, | 10 | | including, but not limited to, commission of an act of | 11 | | sexual misconduct related to the licensee's practice. | 12 | | 35. Cheating on or attempting to subvert the licensing | 13 | | examination administered under this Act. | 14 | | 36. A pattern of practice or other behavior that | 15 | | demonstrates incapacity or incompetence to practice under | 16 | | this Act. | 17 | | 37. Failure to establish and maintain records of | 18 | | patient care and treatment as required under this Act. | 19 | | 38. Failure to provide copies of dental records as | 20 | | required by law. | 21 | | All proceedings to suspend, revoke, place on probationary | 22 | | status, or
take any other disciplinary action as the Department | 23 | | may deem proper, with
regard to a license on any of the | 24 | | foregoing grounds, must be commenced
within 3 years after | 25 | | receipt by the Department of a complaint alleging the
| 26 | | commission of or notice of the conviction order for any of the |
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| 1 | | acts
described herein. Except for fraud in procuring a license, | 2 | | no
action shall be commenced more than 5 years after the date | 3 | | of the incident
or act alleged to have violated this Section. | 4 | | The time during which the
holder of the license was outside the | 5 | | State of Illinois shall not be
included within any period of | 6 | | time limiting the commencement of
disciplinary action by the | 7 | | Department.
| 8 | | The Department may refuse to issue or may suspend the | 9 | | license of any
person who fails to file a return, or to pay the | 10 | | tax, penalty or interest
shown in a filed return, or to pay any | 11 | | final assessment of tax, penalty or
interest, as required by | 12 | | any tax Act administered by the Illinois
Department of Revenue, | 13 | | until such time as the requirements of
any such tax Act are | 14 | | satisfied.
| 15 | | (Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; | 16 | | revised 9-15-11.)
| 17 | | (225 ILCS 25/23a) (from Ch. 111, par. 2323a)
| 18 | | (Section scheduled to be repealed on January 1, 2016)
| 19 | | Sec. 23a. The Secretary Director of the Department may, | 20 | | upon receipt of a written
communication from the Secretary of | 21 | | Human Services or the Director of
the Department of Healthcare | 22 | | and Family Services (formerly
Department of Public Aid) or | 23 | | Department of Public Health, that continuation
of practice of a | 24 | | person licensed under this Act constitutes an immediate
danger | 25 | | to the public, immediately suspend the license of such person
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| 1 | | without a hearing. In instances in which the Secretary Director
| 2 | | immediately suspends a license under this Section, a hearing | 3 | | upon such
person's license must be convened by the Board within | 4 | | 15 days after such
suspension and completed without appreciable | 5 | | delay, such hearing held to
determine whether to recommend to | 6 | | the Secretary
Director that the person's license be revoked, | 7 | | suspended, placed on
probationary status or reinstated, or such | 8 | | person be subject to other
disciplinary action. In such | 9 | | hearing, the written communication and any other
evidence
| 10 | | submitted therewith may be introduced as evidence against such | 11 | | person;
provided however, the person, or his or her counsel, | 12 | | shall have the opportunity to
discredit or impeach such | 13 | | evidence and submit evidence rebutting same.
| 14 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 15 | | (225 ILCS 25/23b)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 23b. Requirement for mental and physical examinations | 18 | | under
certain conditions. | 19 | | (a) In enforcing paragraph 24 of Section 23 of this Act, | 20 | | the Department may
compel any individual who is a person | 21 | | licensed to practice under this Act or who has applied for | 22 | | licensure under this Act, to submit to a mental or
physical | 23 | | examination and evaluation , or both, which may include a | 24 | | substance abuse or sexual offender evaluation, as required by | 25 | | and at the expense of the
Department. The Department shall |
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| 1 | | specifically designate the examining physician licensed to | 2 | | practice medicine in all of its branches or, if applicable, the | 3 | | multidisciplinary team involved in providing the mental or | 4 | | physical examination and evaluation, or both. The | 5 | | multidisciplinary team shall be led by a physician licensed to | 6 | | practice medicine in all of its branches and may consist of one | 7 | | or more or a combination of physicians licensed to practice | 8 | | medicine in all of its branches, licensed clinical | 9 | | psychologists, licensed clinical social workers, licensed | 10 | | clinical professional counselors, and other professional and | 11 | | administrative staff. Any examining physician or member of the | 12 | | multidisciplinary team may require any person ordered to submit | 13 | | to an examination and evaluation pursuant to this Section to | 14 | | submit to any additional supplemental testing deemed necessary | 15 | | to complete any examination or evaluation process, including, | 16 | | but not limited to, blood testing, urinalysis, psychological | 17 | | testing, or neuropsychological testing. The Department may | 18 | | order the examining physician or any member of the | 19 | | multidisciplinary team to provide to the Department any and all | 20 | | records, including business records, that relate to the | 21 | | examination and evaluation, including any supplemental testing | 22 | | performed. The Department may order the examining physician or | 23 | | any member of the multidisciplinary team to present
testimony | 24 | | concerning the mental or physical examination and evaluation of | 25 | | the licensee or
applicant , including testimony concerning any | 26 | | supplemental testing or documents relating to the examination |
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| 1 | | and evaluation . No information , report, record, or other | 2 | | documents in any way related to the examination and evaluation | 3 | | shall be excluded by reason of any common law or
statutory | 4 | | privilege relating to communications between the licensee or
| 5 | | applicant and the examining physician or any member of the | 6 | | multidisciplinary team. No authorization is necessary from the | 7 | | licensee or applicant ordered to undergo an examination and | 8 | | evaluation for the examining physician or any member of the | 9 | | multidisciplinary team to provide information, reports, | 10 | | records, or other documents or to provide any testimony | 11 | | regarding the examination and evaluation . The examining | 12 | | physician shall be
a physician licensed to practice medicine in | 13 | | all its branches specifically
designated by the Department. The | 14 | | individual to be examined may
have, at his or her own expense, | 15 | | another physician of his or her choice present
during all | 16 | | aspects of this examination. Failure of an individual
to submit | 17 | | to a mental or physical examination and evaluation, or both , | 18 | | when directed , shall result in the automatic be grounds
for | 19 | | suspension of his or her license , without hearing, until the | 20 | | individual submits to the
examination if the Department finds, | 21 | | after notice and hearing, that the refusal
to submit to the | 22 | | examination was without reasonable cause .
| 23 | | (b) If the Department finds an individual unable to | 24 | | practice because of the
reasons set forth in paragraph 24 of | 25 | | Section 23, the Department may require
that
individual to | 26 | | submit to care, counseling, or treatment by physicians approved
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| 1 | | or designated by the Department as a condition, term, or | 2 | | restriction for
continued, reinstated, or renewed licensure to | 3 | | practice, or in lieu of care,
counseling, or treatment, the | 4 | | Department may file a complaint to immediately
suspend, revoke, | 5 | | or otherwise discipline the license of the individual. An
| 6 | | individual whose license was granted, continued, reinstated, | 7 | | renewed,
disciplined, or supervised subject to such terms, | 8 | | conditions, or restrictions,
and who fails to comply with such | 9 | | terms, conditions, or restrictions, shall be
referred to the | 10 | | Secretary Director for a determination as to whether the | 11 | | individual shall
have his or her license suspended immediately, | 12 | | pending a hearing by the
Department.
| 13 | | (Source: P.A. 91-689, eff. 1-1-01 .)
| 14 | | (225 ILCS 25/24) (from Ch. 111, par. 2324)
| 15 | | (Section scheduled to be repealed on January 1, 2016)
| 16 | | Sec. 24. Refusal, Suspension or Revocation of Dental | 17 | | Hygienist License. The
Department may refuse to issue or renew | 18 | | or
may revoke, suspend, place on probation, reprimand or take | 19 | | other
disciplinary or non-disciplinary action as the | 20 | | Department may deem proper, including imposing fines not
to | 21 | | exceed $10,000 $2,500 per violation, with regard to any dental | 22 | | hygienist license
for any one or any combination of the | 23 | | following causes:
| 24 | | 1. Fraud or misrepresentation in applying for or in | 25 | | procuring a license under this Act, or in connection with |
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| 1 | | applying for renewal of a license under this Act .
| 2 | | 2. Performing any operation not authorized by this Act.
| 3 | | 3. Practicing dental hygiene other than under the | 4 | | supervision of a
licensed dentist as provided by this Act.
| 5 | | 4. The wilful violation of, or the wilful procuring of, | 6 | | or knowingly
assisting in the violation of, any Act which | 7 | | is now or which hereafter may
be in force in this State | 8 | | relating to the use of habit-forming drugs.
| 9 | | 5. The obtaining of, or an attempt to obtain a license, | 10 | | or practice in the profession, or money, or any other thing
| 11 | | of value by fraudulent representation.
| 12 | | 6. Gross negligence in performing the operative | 13 | | procedure of dental
hygiene.
| 14 | | 7. Active practice of dental hygiene while knowingly | 15 | | having any
infectious, communicable, or contagious disease | 16 | | proscribed by rule
or regulation of the Department.
| 17 | | 8. Inability to practice with reasonable judgment, | 18 | | skill, or safety as a result of habitual or excessive use | 19 | | Habitual intoxication or addiction to alcohol, narcotics, | 20 | | stimulants, or any other chemical agent or drug the use of
| 21 | | habit-forming drugs .
| 22 | | 9. Conviction by plea of guilty or nolo contendere, | 23 | | finding of guilt, jury verdict, or entry of judgment or by | 24 | | sentencing of any crime, including, but not limited to, | 25 | | convictions, preceding sentences of supervision, | 26 | | conditional discharge, or first offender probation, under |
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| 1 | | the laws of any jurisdiction of the United States that (i) | 2 | | is a felony or (ii) is a misdemeanor, an essential element | 3 | | of which is dishonesty, or that is directly related to the | 4 | | practice of dental hygiene. in this or another state of any | 5 | | crime which is a felony
under the laws of this State or | 6 | | conviction of a felony in a federal court,
if the | 7 | | Department determines, after investigation, that such | 8 | | person has not
been sufficiently rehabilitated to warrant | 9 | | the public trust.
| 10 | | 10. Aiding or abetting the unlicensed practice of | 11 | | dentistry or
dental hygiene.
| 12 | | 11. Discipline by another U.S. jurisdiction or a | 13 | | foreign nation, if at
least one of the grounds for the | 14 | | discipline is the same or substantially
equivalent to those | 15 | | set forth in this Act.
| 16 | | 12. Violating the Health Care Worker Self-Referral | 17 | | Act.
| 18 | | 13. Violating the prohibitions of Section 38.1 of this | 19 | | Act. | 20 | | 14. Engaging in dishonorable, unethical, or | 21 | | unprofessional conduct of a character likely to deceive, | 22 | | defraud, or harm the public. | 23 | | 15. 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 | | 16. Material misstatement in furnishing information to |
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| 1 | | the Department. | 2 | | 17. Failing, within 60 days, to provide information in | 3 | | response to a written request by the Department in the | 4 | | course of an investigation. | 5 | | 18. Immoral conduct in the commission of any act, | 6 | | including, but not limited to, commission of an act of | 7 | | sexual misconduct related to the licensee's practice. | 8 | | 19. Cheating on or attempting to subvert the licensing | 9 | | examination administered under this Act. | 10 | | 20. Violations of this Act or of the rules promulgated | 11 | | under this Act. | 12 | | 21. Practicing under a false or, except as provided by | 13 | | law, an assumed name. | 14 | | The provisions of this Act relating to proceedings for the | 15 | | suspension
and revocation of a license to practice dentistry | 16 | | shall apply to
proceedings for the suspension or revocation of | 17 | | a license as a dental
hygienist.
| 18 | | (Source: P.A. 97-102, eff. 7-14-11.)
| 19 | | (225 ILCS 25/25) (from Ch. 111, par. 2325)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 25. Notice of hearing; investigations and informal
| 22 | | conferences. | 23 | | (a) Upon the motion of
either the Department or the Board | 24 | | or upon the verified complaint
in writing of any person setting | 25 | | forth facts which
if proven would constitute grounds for |
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| 1 | | refusal, suspension or revocation
of license under this Act, | 2 | | the Board shall
investigate the actions of any
person, | 3 | | hereinafter called the respondent, who holds or
represents that | 4 | | he
or she holds a license. All such motions or complaints shall | 5 | | be brought to the Board.
| 6 | | (b) Prior to taking an in-person statement from a dentist | 7 | | or
dental hygienist who is the subject of a complaint, the | 8 | | investigator shall
inform the dentist or the dental hygienist | 9 | | in writing:
| 10 | | (1) that the dentist or dental hygienist is the subject | 11 | | of a complaint;
| 12 | | (2) that the dentist or dental hygienist
need not | 13 | | immediately proceed with the interview and may seek | 14 | | appropriate
consultation prior to consenting to the | 15 | | interview; and
| 16 | | (3) that failure of the dentist or dental hygienist to | 17 | | proceed with the interview shall not prohibit the | 18 | | Department from conducting a visual inspection of the | 19 | | facility.
| 20 | | A Department investigator's failure to comply with this | 21 | | subsection may not
be the sole ground for dismissal of any | 22 | | order of the Department filed upon a
finding of a violation or | 23 | | for dismissal of a pending investigation.
| 24 | | (c) If the Department concludes on the basis of a complaint | 25 | | or its initial
investigation that there is a possible violation | 26 | | of the Act,
the
Department may:
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| 1 | | (1) schedule a hearing pursuant to this Act; or
| 2 | | (2) request
in writing that the dentist or dental | 3 | | hygienist being investigated attend an
informal
conference | 4 | | with representatives of the Department.
| 5 | | The request for an informal conference shall contain the | 6 | | nature of the
alleged actions or
inactions that constitute the | 7 | | possible violations.
| 8 | | A dentist or dental hygienist shall be allowed to have | 9 | | legal counsel at the
informal conference. If the informal | 10 | | conference results in a consent order
between the accused | 11 | | dentist or dental hygienist and the Department, the
consent | 12 | | order
must be approved by the Secretary Director . However, if | 13 | | the consent order would result in a fine exceeding $10,000 | 14 | | $5,000 or the suspension or revocation of the dentist or dental | 15 | | hygienist license, the consent order must be approved by the | 16 | | Board and the Secretary Director . Participation in
the informal | 17 | | conference by a dentist, a dental hygienist, or the Department | 18 | | and
any admissions or
stipulations made by a dentist, a dental | 19 | | hygienist, or the Department at the
informal conference,
| 20 | | including any agreements in a consent order that is | 21 | | subsequently disapproved
by either the Board or the Secretary | 22 | | Director , shall not be used against the dentist,
dental | 23 | | hygienist, or Department at any subsequent hearing and shall | 24 | | not become
a part of the
record of the hearing.
| 25 | | (d) The Secretary Director shall, before suspending, | 26 | | revoking, placing on
probationary
status, or taking any other |
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| 1 | | disciplinary action as the Secretary Director may deem
proper | 2 | | with regard to any license, at least 30 days prior
to the date | 3 | | set for the hearing, notify the respondent in
writing of any | 4 | | charges
made and the time and place for a hearing of the | 5 | | charges before the Board,
direct him or her to file his or her | 6 | | written answer thereto to the Board
under oath within 20 days | 7 | | after the service on him or her of such notice
and inform him | 8 | | or her that if he or she fails to file such answer default
will | 9 | | be taken against him or her and his or her license may be | 10 | | suspended,
revoked, placed on probationary status,
or other | 11 | | disciplinary action may be taken with regard thereto, including
| 12 | | limiting the scope, nature or extent of his or her practice, as | 13 | | the Secretary Director
may deem proper.
| 14 | | (e) Such written notice and any notice in such proceedings | 15 | | thereafter
may be
served by delivery personally to the | 16 | | respondent, or by
registered or
certified mail to the address | 17 | | last theretofore specified by the respondent
in his or her last | 18 | | notification to the Secretary Director .
| 19 | | (Source: P.A. 94-409, eff. 12-31-05.)
| 20 | | (225 ILCS 25/26) (from Ch. 111, par. 2326)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 26. Disciplinary actions.
| 23 | | (a) In case the respondent, after
receiving notice, fails | 24 | | to file an answer, his or her license may, in the discretion of | 25 | | the Secretary Director , having first received
the |
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| 1 | | recommendation of the Board, be suspended, revoked, placed on
| 2 | | probationary status, or the Secretary Director may take | 3 | | whatever disciplinary action
he or she may deem proper, | 4 | | including limiting the scope, nature, or extent of the
person's | 5 | | practice or the imposition of a fine, without a hearing, if the
| 6 | | act or acts charged constitute sufficient grounds for such | 7 | | action under this
Act.
| 8 | | (b) The Secretary Director may temporarily suspend the | 9 | | license of a dentist or dental hygienist without a hearing,
| 10 | | simultaneous to the institution of proceedings for a hearing | 11 | | under this
Act, if the Secretary Director finds that evidence | 12 | | in his or her possession indicates that a
dentist's or dental | 13 | | hygienist's continuation in practice would constitute
an | 14 | | immediate danger to the public. In the event that the Secretary | 15 | | Director
temporarily suspends the license of a dentist or a | 16 | | dental hygienist without a hearing, a hearing by the
Board must | 17 | | be held within 15 days after such suspension has occurred.
| 18 | | (c) The entry of a judgment by any circuit court | 19 | | establishing that any
person holding a license under this Act | 20 | | is a
person subject to involuntary admission under the Mental | 21 | | Health and
Developmental Disabilities Code shall operate as a | 22 | | suspension of that
license. That person may resume his or her
| 23 | | practice only upon a finding by the Board that he or she has | 24 | | been
determined to be no longer subject to involuntary | 25 | | admission by the court
and upon the Board's recommendation to | 26 | | the Secretary Director that he or she be
permitted to resume |
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| 1 | | his or her practice.
| 2 | | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .)
| 3 | | (225 ILCS 25/27) (from Ch. 111, par. 2327)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 27. Hearings. At the time and place fixed in the | 6 | | notice under Section
25, the Board shall proceed to hear the | 7 | | charges and both the respondent and the complainant shall be | 8 | | accorded ample opportunity
to present in person, or by counsel, | 9 | | such statements, testimony,
evidence and argument as may be | 10 | | pertinent to the charges or to any
defense thereto. The Board | 11 | | may continue such hearing from time to
time. If the Board is | 12 | | not sitting at the time and place fixed in
the notice or at the | 13 | | time and place to which the hearing has been
continued, the | 14 | | Department shall continue such hearing for a period not
to | 15 | | exceed 30 days.
| 16 | | The Board and Department shall have power to subpoena and | 17 | | bring
before the Board any person in this State and to take | 18 | | testimony
either orally or by deposition, or both, with the | 19 | | same fees and mileage
and in the same manner as is prescribed | 20 | | by law for judicial procedure in
civil cases.
| 21 | | The Secretary, the designated hearing officer, Director | 22 | | and any member of the Board shall have power to administer | 23 | | oaths
at any
hearing which the Department or Board is | 24 | | authorized by law to
conduct.
| 25 | | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .)
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| 1 | | (225 ILCS 25/29) (from Ch. 111, par. 2329)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 29. Recommendations for disciplinary action - Action | 4 | | by Secretary
Director . The Board may advise the Secretary | 5 | | Director that probation be granted or
that other disciplinary | 6 | | action, including the limitation of the scope,
nature or extent | 7 | | of a person's practice, be taken, as it deems proper. If
| 8 | | disciplinary action other than suspension or revocation is | 9 | | taken, the Board
may advise that the Secretary Director impose | 10 | | reasonable limitations and requirements
upon the respondent to | 11 | | insure compliance with the terms of the
probation or
other | 12 | | disciplinary action, including, but not limited to, regular | 13 | | reporting
by the respondent to the Secretary Director of his or | 14 | | her actions, or the
respondent's
placing himself or herself | 15 | | under the care of a qualified physician for
treatment or | 16 | | limiting his or her practice in such manner as the Secretary | 17 | | Director
may require.
| 18 | | The Board shall present to the Secretary Director a written | 19 | | report of its findings
and recommendations. A copy of such | 20 | | report shall be served upon the
respondent,
either personally | 21 | | or by registered or certified mail. Within 20 days after
such | 22 | | service, the respondent may present to the Department his
or | 23 | | her motion
in writing for a rehearing, specifying the | 24 | | particular ground therefor. If
the respondent orders and pays | 25 | | for a transcript of the record,
the time
elapsing thereafter |
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| 1 | | and before such transcript is ready for delivery to him
or her | 2 | | shall not be counted as part of such 20 days.
| 3 | | At the expiration of the time allowed for filing a motion | 4 | | for rehearing
the Secretary Director may take the action | 5 | | recommended by the Board. Upon suspension,
revocation, | 6 | | placement on probationary status, or the taking of any other
| 7 | | disciplinary action, including the limiting of the scope, | 8 | | nature, or extent
of one's practice, deemed proper by the | 9 | | Secretary Director , with regard to the
license, the respondent
| 10 | | shall surrender his or
her license to the Department, if | 11 | | ordered to
do so by the Department, and upon his or her failure | 12 | | or refusal to do so,
the Department may seize the same.
| 13 | | In all instances under this Act in which the Board has | 14 | | rendered a
recommendation to the Secretary Director with | 15 | | respect to a particular person, the Secretary
Director shall, | 16 | | to the extent that he or she disagrees with or takes action
| 17 | | contrary to the recommendation of the Board, file with the | 18 | | Board and the
Secretary of State his or her specific written | 19 | | reasons of disagreement. Such
reasons shall be filed within 30 | 20 | | days after the Secretary Director has taken the
contrary | 21 | | position.
| 22 | | Each order of revocation, suspension, or other | 23 | | disciplinary action shall
contain a brief, concise statement of | 24 | | the ground or grounds upon which the
Department's action is | 25 | | based, as well as the specific terms and conditions
of such | 26 | | action. The original of this document shall be retained as a
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| 1 | | permanent record by the Board and the Department. In those | 2 | | instances where
an order of revocation, suspension, or other | 3 | | disciplinary action has been
rendered by virtue of a dentist's | 4 | | or dental hygienist's physical illness,
including, but not | 5 | | limited to, deterioration through the aging process, or
loss of | 6 | | motor skill which results in an inability to practice with
| 7 | | reasonable judgment, skill, or safety, the Department shall | 8 | | permit only
this document and the record of the hearing | 9 | | incident thereto to be
observed, inspected, viewed, or copied | 10 | | pursuant to court order.
| 11 | | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .)
| 12 | | (225 ILCS 25/30) (from Ch. 111, par. 2330)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 30. Appointment of a Hearing Officer. The Secretary | 15 | | Director shall have
the authority to appoint any attorney duly | 16 | | licensed to practice law in the
State of Illinois to serve as | 17 | | the hearing officer if any action for refusal
to issue, renew | 18 | | or discipline of a license.
The hearing officer shall have full | 19 | | authority to conduct the hearing. The
hearing officer shall | 20 | | report his or her findings and recommendations to the Board
and | 21 | | the Secretary Director . The Board shall have 60 days from | 22 | | receipt of the report
to review the report of the hearing | 23 | | officer and present its findings of
fact, conclusions of law | 24 | | and recommendations to the Secretary Director . If the Board
| 25 | | fails to present its report within the 60 day period, the |
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| 1 | | Secretary Director shall
issue an order based on the report of | 2 | | the hearing officer. If the Secretary Director
determines that | 3 | | the Board's report is contrary to the manifest weight of
the | 4 | | evidence, he or she may issue an order in contravention of the | 5 | | Board's report.
| 6 | | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .)
| 7 | | (225 ILCS 25/31) (from Ch. 111, par. 2331)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 31. Restoration of license from discipline . At any | 10 | | time after the successful completion of a term of indefinite | 11 | | probation, suspension, or revocation of a license ,
placement on | 12 | | probationary status, or the taking of any other disciplinary
| 13 | | action, with regard to any license, the Department may
restore | 14 | | the license to the licensee, unless after an investigation and | 15 | | a hearing, the Secretary determines that restoration is not in | 16 | | the public interest. No person or entity whose license, | 17 | | certificate, or authority has been revoked as authorized in | 18 | | this Act may apply for restoration of that license, | 19 | | certification, or authority until such time as provided for in | 20 | | the Civil Administrative Code of Illinois. it to the | 21 | | respondent, or take any other action to
reinstate the
license | 22 | | to good standing, without examination, upon the written
| 23 | | recommendation of the Board.
| 24 | | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .)
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| 1 | | (225 ILCS 25/32) (from Ch. 111, par. 2332)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 32. Administrative Review Law; application. All final
| 4 | | administrative decisions of the Department are subject
to | 5 | | judicial review pursuant to the provisions of the | 6 | | Administrative Review
Law, and the rules adopted pursuant | 7 | | thereto. The term "administrative
decision" is defined as in | 8 | | Section 3-101 of the Code of Civil Procedure.
| 9 | | Proceedings for judicial review shall be commenced in the | 10 | | circuit
court of the county in which the party applying for | 11 | | review resides, but if
the party is not a resident of this | 12 | | State, the venue shall be in
Sangamon County.
| 13 | | The Department shall not be required to certify any record | 14 | | to the court
or file any answer in court or otherwise appear in | 15 | | any court in a judicial
review proceeding, unless and until | 16 | | there is filed in the court with the complaint
a receipt from | 17 | | the Department has received from the plaintiff payment of the | 18 | | costs of furnishing and certifying the record, which costs | 19 | | shall be determined by the Department acknowledging payment of | 20 | | the costs of furnishing
and certifying the record, which costs | 21 | | shall be computed at the rate of 20
cents per page of the | 22 | | record . Exhibits shall be certified without cost.
Failure on | 23 | | the part of the plaintiff to file a receipt in court shall
be | 24 | | grounds for dismissal of the action. During the pendency and | 25 | | hearing
of any and all judicial proceedings incident to a | 26 | | disciplinary action
any sanctions imposed upon the respondent |
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| 1 | | by the Department
because of acts or
omissions related to the | 2 | | delivery of direct patient care as specified in the
| 3 | | Department's final administrative decision, shall as a matter | 4 | | of public
policy remain in full force and effect in order to | 5 | | protect the public
pending final resolution of any of the | 6 | | proceedings.
| 7 | | (Source: P.A. 88-184; 89-80, eff. 6-30-95; 89-116, eff. | 8 | | 7-7-95 .)
| 9 | | (225 ILCS 25/33) (from Ch. 111, par. 2333)
| 10 | | (Section scheduled to be repealed on January 1, 2016)
| 11 | | Sec. 33. Revocation orders. An order of revocation, | 12 | | suspension,
placement on probationary status, or other formal | 13 | | disciplinary action as
the Department may deem proper, or a | 14 | | certified copy thereof, over the seal
of the Department and | 15 | | purporting to be signed by the Secretary Director of the
| 16 | | Department , is prima facie proof that:
| 17 | | (1) such signature is the genuine signature of the | 18 | | Secretary Director ;
| 19 | | (2) the Secretary Director is duly appointed and qualified; | 20 | | and
| 21 | | (3) the Board and the members thereof are qualified.
| 22 | | Such proof may be rebutted.
| 23 | | (Source: P.A. 84-365 .)
| 24 | | (225 ILCS 25/37) (from Ch. 111, par. 2337)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 37. Unlicensed practice; injunctions. The practice of | 3 | | dentistry
by any person not holding a valid
and current license | 4 | | under this Act is declared to be inimical to the public
| 5 | | welfare, to constitute a public nuisance, and to cause | 6 | | irreparable harm to
the public welfare.
| 7 | | A person is considered to practice dentistry who:
| 8 | | (1) employs a dentist, dental hygienist, or other | 9 | | entity which can provide
dental services under this Act;
| 10 | | (2) directs or controls the use of any dental equipment | 11 | | or material while
such equipment or material is being used | 12 | | for the provision of dental services,
provided that this | 13 | | provision shall not
be construed
to prohibit a person from | 14 | | obtaining professional advice or assistance in
obtaining
| 15 | | or from leasing the equipment or material, provided the | 16 | | advice, assistance, or
lease does not restrict or interfere | 17 | | with the custody, control, or use of the
equipment or | 18 | | material by the person;
| 19 | | (3) directs, controls or interferes with a dentist's or | 20 | | dental hygienist's
clinical judgment; or
| 21 | | (4) exercises direction or control, by written | 22 | | contract, license, or
otherwise, over a dentist, dental | 23 | | hygienist, or other entity which can provide
dental | 24 | | services under this Act in the selection of a course of | 25 | | treatment;
limitation of patient referrals; content of | 26 | | patient records; policies and
decisions relating to |
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| 1 | | refunds (if the refund payment would be reportable under
| 2 | | federal law to the National Practitioner Data Bank) and | 3 | | warranties and the
clinical content of advertising; and | 4 | | final decisions relating to employment of
dental | 5 | | assistants and dental hygienists. Nothing in this Act | 6 | | shall, however,
be construed as prohibiting the seeking or | 7 | | giving of advice or assistance with
respect to these | 8 | | matters.
| 9 | | The purpose of this Section is to prevent a non-dentist | 10 | | from influencing or
otherwise interfering with the exercise of | 11 | | independent professional judgment by
a dentist, dental | 12 | | hygienist, or other entity which can provide dental services
| 13 | | under this Act. Nothing in this Section
shall be construed to | 14 | | prohibit insurers and managed care plans from operating
| 15 | | pursuant to the applicable provisions of the Illinois Insurance | 16 | | Code under
which the entities are licensed.
| 17 | | The Secretary Director , the Attorney General, the State's
| 18 | | attorney of any county in the State, or any person may maintain | 19 | | an action
in the name of the People of the State of Illinois, | 20 | | and may apply for
injunctive relief in any circuit court to | 21 | | enjoin such person from engaging in
such practice; and upon the | 22 | | filing of a verified petition in such court,
the court if | 23 | | satisfied by affidavit, or otherwise,
that such person has been | 24 | | engaged in such practice without a valid and
current license so | 25 | | to do, may enter a temporary restraining
order without notice
| 26 | | or bond, enjoining the defendant from such further practice. |
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| 1 | | Only the
showing of non-licensure, by affidavit or otherwise, | 2 | | is necessary in order
for a temporary injunction to issue. A
| 3 | | copy of the verified complaint shall be served
upon the | 4 | | defendant and the proceedings shall thereafter be conducted as
| 5 | | in other civil cases except as modified by this Section. If it | 6 | | is
established that the defendant has been, or is engaged in | 7 | | such unlawful
practice, the court may enter an order or | 8 | | judgment
perpetually enjoining the defendant from further such | 9 | | practice. In all
proceedings hereunder the court, in its | 10 | | discretion, may apportion the costs
among the parties | 11 | | interested in the action, including cost of filing the
| 12 | | complaint, service of process, witness fees and expenses, court | 13 | | reporter
charges and reasonable attorneys' fees. In case of | 14 | | violation of any
injunctive order entered under the provisions | 15 | | of
this Section, the court may summarily try and punish the | 16 | | offender for contempt
of
court. Such injunction proceedings | 17 | | shall be in addition to, and not in
lieu of, all penalties and | 18 | | other remedies provided in this Act.
| 19 | | This Section does not apply to an executor, administrator, | 20 | | guardian, or authorized representative contracting with | 21 | | another dentist or dentists to continue the operations of a | 22 | | deceased or incapacitated dentist's practice under Section | 23 | | 38.2 of this Act.
| 24 | | (Source: P.A. 94-1028, eff. 1-1-07.)
| 25 | | (225 ILCS 25/38) (from Ch. 111, par. 2338)
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| 1 | | (Section scheduled to be repealed on January 1, 2016)
| 2 | | Sec. 38. Penalty of Unlawful Practice - Second and | 3 | | Subsequent
Offenses. Any person who practices or offers to | 4 | | practice dentistry in
this State without being licensed for | 5 | | that purpose, or whose license has
been suspended or revoked or | 6 | | is inactive or non-renewed , or who violates any of the | 7 | | provisions of this
Act, for which no specific penalty has been | 8 | | provided herein, is guilty
of a Class A misdemeanor.
| 9 | | Any person who has been previously convicted under any of | 10 | | the provisions
of this Act and who subsequently violates any of | 11 | | the provisions of this
Act is guilty of a Class 4 felony. In | 12 | | addition, whenever any person is
punished as a subsequent | 13 | | offender under this Section, the Secretary Director
shall | 14 | | proceed to obtain a permanent injunction against such person | 15 | | under
Section 37 of this Act. All fines collected under this | 16 | | Section shall be
deposited in the Professional Regulation | 17 | | Evidence Fund.
| 18 | | (Source: P.A. 86-685 .)
| 19 | | (225 ILCS 25/45) (from Ch. 111, par. 2345)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 45. Advertising. The purpose of this Section is to | 22 | | authorize and
regulate the advertisement by dentists of | 23 | | information which is intended to
provide the public with a | 24 | | sufficient basis upon which to make an informed
selection of | 25 | | dentists while protecting the public from false or misleading
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| 1 | | advertisements which would detract from the fair and rational | 2 | | selection
process.
| 3 | | Any dentist may advertise the availability of dental | 4 | | services in the
public media or on the premises where such | 5 | | dental services are rendered.
Such advertising shall be limited | 6 | | to the following information:
| 7 | | (a) The dental services available;
| 8 | | (b) Publication of the dentist's name, title, office hours, | 9 | | address
and telephone;
| 10 | | (c) Information pertaining to his or her area of | 11 | | specialization, including
appropriate board certification or | 12 | | limitation of professional practice;
| 13 | | (d) Information on usual and customary fees for routine | 14 | | dental services
offered, which information shall include | 15 | | notification that fees may be
adjusted due to complications or | 16 | | unforeseen circumstances;
| 17 | | (e) Announcement of the opening of, change of, absence | 18 | | from, or return
to business;
| 19 | | (f) Announcement of additions to or deletions from | 20 | | professional
dental staff;
| 21 | | (g) The issuance of business or appointment cards;
| 22 | | (h) Other information about the dentist, dentist's | 23 | | practice or the types
of dental services which the dentist | 24 | | offers to perform which a reasonable
person might regard as | 25 | | relevant in determining whether to seek the
dentist's services. | 26 | | However, any advertisement which announces the
availability of |
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| 1 | | endodontics, pediatric dentistry,
periodontics, | 2 | | prosthodontics, orthodontics and dentofacial orthopedics,
oral | 3 | | and maxillofacial
surgery, or oral and maxillofacial radiology | 4 | | by a general dentist or by a
licensed specialist who is not
| 5 | | licensed in that specialty shall include a disclaimer stating | 6 | | that the
dentist does not hold a license in that specialty.
| 7 | | It is unlawful for any dentist licensed under this Act to | 8 | | do any of the following:
| 9 | | (1) Use testimonials or claims of superior quality of | 10 | | care to
entice the public.
| 11 | | (2) Advertise in any way to practice dentistry without | 12 | | causing pain.
| 13 | | (3) Pay a fee to any dental referral service or other | 14 | | third party who
advertises a dental referral service, | 15 | | unless all advertising of the dental
referral service makes | 16 | | it clear that dentists are paying a fee for that
referral | 17 | | service.
| 18 | | (4) Advertise or offer gifts as an inducement to secure
| 19 | | dental
patronage.
Dentists may advertise or offer free | 20 | | examinations or free dental services;
it shall be unlawful, | 21 | | however, for any dentist to charge a fee to any new
patient | 22 | | for any dental service provided at the time that such free
| 23 | | examination or free dental services are provided. | 24 | | (5) Use the term "sedation dentistry" or similar terms | 25 | | in advertising unless the advertising dentist holds a valid | 26 | | and current permit issued by the Department to administer |
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| 1 | | either general anesthesia, deep sedation, or conscious | 2 | | sedation as required under Section 8.1 of this Act.
| 3 | | This Act does not authorize the advertising of dental | 4 | | services when the
offeror of such services is not a dentist. | 5 | | Nor shall the dentist use
statements which contain false, | 6 | | fraudulent, deceptive or misleading
material or guarantees of | 7 | | success, statements which play upon the vanity or
fears of the | 8 | | public, or statements which promote or produce unfair | 9 | | competition.
| 10 | | A dentist shall be required to keep a copy of all | 11 | | advertisements for a
period of 3 years. All advertisements in | 12 | | the dentist's possession shall
indicate the accurate date and | 13 | | place of publication.
| 14 | | The Department shall adopt rules to carry out the intent of | 15 | | this Section.
| 16 | | (Source: P.A. 95-399, eff. 1-1-08.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 225 ILCS 25/4 | from Ch. 111, par. 2304 | | 4 | | 225 ILCS 25/6 | from Ch. 111, par. 2306 | | 5 | | 225 ILCS 25/7 | from Ch. 111, par. 2307 | | 6 | | 225 ILCS 25/9 | from Ch. 111, par. 2309 | | 7 | | 225 ILCS 25/13 | from Ch. 111, par. 2313 | | 8 | | 225 ILCS 25/16 | from Ch. 111, par. 2316 | | 9 | | 225 ILCS 25/16.1 | from Ch. 111, par. 2316.1 | | 10 | | 225 ILCS 25/17 | from Ch. 111, par. 2317 | | 11 | | 225 ILCS 25/19 | from Ch. 111, par. 2319 | | 12 | | 225 ILCS 25/22 | from Ch. 111, par. 2322 | | 13 | | 225 ILCS 25/23 | from Ch. 111, par. 2323 | | 14 | | 225 ILCS 25/23a | from Ch. 111, par. 2323a | | 15 | | 225 ILCS 25/23b | | | 16 | | 225 ILCS 25/24 | from Ch. 111, par. 2324 | | 17 | | 225 ILCS 25/25 | from Ch. 111, par. 2325 | | 18 | | 225 ILCS 25/26 | from Ch. 111, par. 2326 | | 19 | | 225 ILCS 25/27 | from Ch. 111, par. 2327 | | 20 | | 225 ILCS 25/29 | from Ch. 111, par. 2329 | | 21 | | 225 ILCS 25/30 | from Ch. 111, par. 2330 | | 22 | | 225 ILCS 25/31 | from Ch. 111, par. 2331 | | 23 | | 225 ILCS 25/32 | from Ch. 111, par. 2332 | | 24 | | 225 ILCS 25/33 | from Ch. 111, par. 2333 | | 25 | | 225 ILCS 25/37 | from Ch. 111, par. 2337 | |
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| 1 | | 225 ILCS 25/38 | from Ch. 111, par. 2338 | | 2 | | 225 ILCS 25/45 | from Ch. 111, par. 2345 |
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