State of Illinois
90th General Assembly
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90_HB1860

      225 ILCS 25/16            from Ch. 111, par. 2316
      225 ILCS 25/16.05 new
          Amends  the  Illinois  Dental  Practice  Act.    Provides
      certain  license renewal and restoration standards for dental
      hygienists parallel to those already in place.  Also provides
      certain  continuing   education   requirements   for   dental
      hygienists.
                                                     LRB9004604LDmb
                                               LRB9004604LDmb
 1        AN  ACT  to  amend  the  Illinois  Dental Practice Act by
 2    changing Section 16 and adding Section 16.05.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Illinois Dental Practice Act is amended
 6    by changing Section 16 and adding Section 16.05 as follows:
 7        (225 ILCS 25/16) (from Ch. 111, par. 2316)
 8        Sec. 16.  Expiration, renewal and restoration of  dentist
 9    licenses.   The  expiration  date and renewal period for each
10    dentist license issued under this Act shall be set  by  rule.
11    A  dentist or dental hygienist may renew a license during the
12    month preceding its expiration date by  paying  the  required
13    fee.   A  dental  hygienist  shall  provide  proof of current
14    cardiopulmonary resuscitation certification at  the  time  of
15    renewal.
16        Any dentist or dental hygienist whose license has expired
17    or  whose  license  is on inactive status may have his or her
18    license restored  at  any  time  within  5  years  after  the
19    expiration thereof, upon payment of the required fee.
20        Any  person  whose  dentist  license has been expired for
21    more than 5 years or who has had his or her  dentist  license
22    on  inactive status for more than 5 years may have his or her
23    dentist  license  restored  by  making  application  to   the
24    Department  and  filing proof acceptable to the Department of
25    his or her fitness to have the  license  restored,  including
26    sworn  evidence  certifying  to  active  practice  in another
27    jurisdiction, and by paying the required restoration fee.   A
28    person  practicing  on  an  expired  license  is deemed to be
29    practicing without a license.
30        If a person whose dentist license has expired or who  has
31    had  his  or  her dentist license on inactive status for more
                            -2-                LRB9004604LDmb
 1    than  5  years  has  not  maintained   an   active   practice
 2    satisfactory   to   the   Department,  the  Department  shall
 3    determine, by an evaluation process established by rule,  his
 4    or  her  fitness  to resume active status and may require the
 5    person to complete a period of evaluated clinical  experience
 6    and   may   require  successful  completion  of  a  practical
 7    examination.
 8        However, any person whose  dentist  license  has  expired
 9    while  he  or  she  has  been engaged (1) in federal or state
10    service active duty, or (2) in training  or  education  under
11    the supervision of the United States preliminary to induction
12    into  the  military  service,  may  have  his  or her dentist
13    license  restored  without  paying  any  lapsed  renewal   or
14    restoration  fee, if within 2 years after termination of such
15    service, training, or education other  than  by  dishonorable
16    discharge,   he   or   she  furnishes  the  Department   with
17    satisfactory proof that he or she has  been  so  engaged  and
18    that  his  or her service, training, or education has been so
19    terminated.
20    (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
21        (225 ILCS 25/16.05 new)
22        Sec. 16.05.  Expiration; renewal; restoration  of  dental
23    hygienist  licenses. The expiration and renewal date for each
24    dental hygienist license issued under this Act shall  be  set
25    by  rule.   A dental hygienist may renew a license during the
26    month preceding its expiration date by  paying  the  required
27    fee   and   providing   proof   of   current  cardiopulmonary
28    resuscitation certification and completion of any  continuing
29    education  programs  as  required  by  Department rule.   The
30    Department shall require a minimum of 24 hours  of  study  in
31    approved  courses  for  dental  hygienists during each 2-year
32    period.  The continuing education rules shall apply  only  to
33    licenses renewed after November 1, 1998.
                            -3-                LRB9004604LDmb
 1        The  Department  shall  approve  only  courses  that  are
 2    relevant to the treatment and care of patients including, but
 3    not  limited  to,  clinical  courses  in dentistry and dental
 4    hygiene and nonclinical courses including,  but  not  limited
 5    to,  patient  management, legal and ethical responsibilities,
 6    and stress management.   Approved courses  may  include,  but
 7    need not be limited to, courses that are offered or sponsored
 8    by  approved  colleges,  universities,  and  hospitals and by
 9    recognized national,  State,  and  local  dental  and  dental
10    hygiene organizations.
11        No  dental  hygienist license shall be renewed unless the
12    renewal application is accompanied by an affidavit indicating
13    that the applicant has completed the required minimum  number
14    of  hours  of  continuing  education  in  approved courses as
15    required by this Section.  The affidavit shall not require  a
16    listing  of  courses.   The  affidavit  shall  be prima facie
17    evidence that the applicant has obtained the  minimum  number
18    of  required  continuing education hours in approved courses.
19    The Department shall  not  be  obligated  to  conduct  random
20    audits  or  otherwise  independently verify that an applicant
21    has  met  the  continuing  education  requirement.   If   the
22    Department,  however,  receives  a  complaint  that  a dental
23    hygienist licensee has not completed the required  continuing
24    education  or  if  the  Department  is  investigating another
25    alleged violation of this Act by a dental hygienist licensee,
26    the Department may demand and shall be  entitled  to  receive
27    specific  evidence  from  any  dental  hygienist  licensee of
28    completion of required continuing education courses  for  the
29    most   recently   completed  2-year  licensing  period.   The
30    Department may provide exemptions from  continuing  education
31    requirements.  The exemptions shall include, but shall not be
32    limited  to,  dental  hygienists  who  agree  not to practice
33    within the State during the licensing period because they are
34    retired from practice.
                            -4-                LRB9004604LDmb
 1        A dental hygienist whose license  has  expired  or  whose
 2    license  is  on  inactive  status may have his or her license
 3    restored at any time within 5  years  after  its  expiration,
 4    upon payment of the required fee.
 5        A  person  whose  dental hygienist license has expired or
 6    who has had his or her dental hygienist license  on  inactive
 7    status  for  more  than  5  years may have his or her license
 8    restored by making application to the Department  and  filing
 9    proof  acceptable  to  the  Department of fitness to have the
10    license restored,  including  sworn  evidence  certifying  to
11    active  practice  in  another jurisdiction, and by paying the
12    required restoration fee.  A person practicing on an  expired
13    license is considered to be practicing without a license.
14        If a person whose dental hygienist license has expired or
15    who has had a dental hygienist license on inactive status for
16    more  than  5  years  has  not  maintained an active practice
17    satisfactory  to  the  Department,   the   Department   shall
18    determine,  by an evaluation process established by rule, his
19    or her fitness to resume active status and  may  require  the
20    person  to complete a period of evaluated clinical experience
21    and  may  require  the  person  to  successfully  complete  a
22    practical examination.
23        However, a person  whose  dental  hygienist  license  has
24    expired  while  he or she has been engaged: (i) in federal or
25    state service active duty or (ii) in  training  or  education
26    under  the  supervision  of  the United States preliminary to
27    induction into the military  service  may  have  his  or  her
28    dental  hygienist  license restored without paying any lapsed
29    renewal  or  restoration  fee  if,  within  2   years   after
30    termination of the service, training, or education other than
31    by   dishonorable   discharge,   the   person  furnishes  the
32    Department with satisfactory proof that he or she has been so
33    engaged and that the service, training, or education has been
34    so terminated.

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