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90_HB1861
New Act
5 ILCS 80/4.18 new
30 ILCS 105/5.449 new
225 ILCS 25/4 from Ch. 111, par. 2304
225 ILCS 25/5 from Ch. 111, par. 2305
225 ILCS 25/6 from Ch. 111, par. 2306
225 ILCS 25/15 from Ch. 111, par. 2315
225 ILCS 25/16 from Ch. 111, par. 2316
225 ILCS 25/16.1 from Ch. 111, par. 2316.1
225 ILCS 25/19 from Ch. 111, par. 2319
225 ILCS 25/20 from Ch. 111, par. 2320
225 ILCS 25/21 from Ch. 111, par. 2321
225 ILCS 25/23 from Ch. 111, par. 2323
225 ILCS 25/26 from Ch. 111, par. 2326
225 ILCS 25/34 from Ch. 111, par. 2334
225 ILCS 25/35 from Ch. 111, par. 2335
225 ILCS 25/36 from Ch. 111, par. 2336
225 ILCS 25/41 from Ch. 111, par. 2341
225 ILCS 25/55 from Ch. 111, par. 2355
225 ILCS 25/12 rep.
225 ILCS 25/13 rep.
225 ILCS 25/14 rep.
225 ILCS 25/18 rep.
225 ILCS 25/24 rep.
Creates the Dental Hygiene Practice Act. Provides for
the licensure and regulation of dental hygienists. Provides
penalties for violations. Preempts home rule. Amends the
Regulatory Agency Sunset Act to repeal this Act January 1,
2008. Amends the State Finance Act to create the Dental
Hygiene Disciplinary Fund. Amends the Illinois Dental
Practice Act to repeal provisions regulating dental
hygienists. Effective January 1, 1998.
LRB9004606LDdv
LRB9004606LDdv
1 AN ACT in relation to the practice of dental hygiene,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Illinois Dental Hygiene Practice Act.
7 Section 5. Legislative declaration of public policy.
8 The practice of dental hygiene in the State of Illinois is
9 declared to affect the public health, safety, and welfare and
10 is subject to State regulation and control in the public
11 interest. It is further declared to be a matter of public
12 interest and concern that the dental hygiene profession merit
13 and receive the confidence of the public and that only
14 qualified persons be permitted to practice dental hygiene in
15 the State of Illinois. This Act shall be liberally construed
16 to carry out these objects and purposes.
17 Section 10. Home rule. The licensing of dental
18 hygienists is the exclusive power and function of the State.
19 A home rule unit may not regulate or license dental
20 hygienists. This Section is a denial and limitation of home
21 rule powers under subsection (h) of Section 6 of Article VII
22 of the Illinois Constitution.
23 Section 15. Severability. The provisions of this Act
24 are severable under Section 1.31 of the Statute on Statutes.
25 Section 20. Definitions. In this Act:
26 "Board" means the Board of Dental Hygiene established
27 under Section 30 of this Act.
28 "Dental Hygienist" means a person licensed to practice
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1 dental hygiene under this Act.
2 "Department" means the Department of Professional
3 Regulation.
4 "Director" means the Director of Professional Regulation.
5 "Dentist" means a person licensed to practice dentistry
6 under the Illinois Dental Practice Act.
7 "Dental Assistant" means an appropriately trained person
8 who, under supervision of a dentist or dental hygienist
9 provides dental services as authorized under Section 17 of
10 the Illinois Dental Practice Act.
11 "General supervision" means supervision of a dental
12 hygienist by a dentist. General supervision requires that a
13 dentist authorize the procedures that are being carried out,
14 but does not require that a dentist be present when the
15 authorized procedures are being performed. The authorized
16 procedures may be performed at a place other than the dental
17 hygienist's and dentist's usual place of practice.
18 "The practice of dental hygiene" means the science and
19 practice of the prevention and treatment of oral disease
20 through the provision of educational, clinical, and
21 therapeutic services. These services include, but are not
22 limited to: oral examination and charting; dental hygiene
23 assessment, treatment planning and evaluation; administration
24 of appropriate pain control therapy; oral prophylaxis
25 consisting of removing calcareous deposits, stains, and
26 accumulated accretions from the surfaces of the teeth by
27 scaling, root planing, and polishing; application of pit and
28 fissure sealants; removal of diseased crevicular tissue; the
29 application to the teeth or gums of medicaments or agents for
30 the prevention of dental cavities or periodontal disease; and
31 any additional related duties supplemental to the practice of
32 dental hygiene as defined in this Act and added by rule or
33 regulation of the Department.
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1 Section 25. Powers and duties of the Department. Subject
2 to the provisions of this Act, the Department shall exercise
3 the following functions, powers, and duties:
4 (1) Conduct or authorize examinations to ascertain the
5 fitness and qualifications of applicants for dental hygiene
6 licenses, pass upon the qualifications of applicants for
7 license by endorsement, and issue licenses to the applicants
8 found to be fit and qualified.
9 (2) Establish rules for a method of examination of
10 candidates.
11 (3) Establish rules defining what constitutes an
12 accredited school, college, or department of a university.
13 No school, college, or department of a university, however,
14 that refuses admittance to applicants solely on account of
15 race, color, creed, sex, or national origin shall be
16 approved.
17 (4) Conduct hearings or proceedings to revoke, suspend,
18 restrict, or refuse to issue a license under this Act.
19 (5) Promulgate rules required for the administration of
20 this Act.
21 Section 30. Board of Dental Hygiene; report by majority
22 required. There is created within the Department of
23 Professional Regulation a Board of Dental Hygiene to be
24 composed of 5 persons who shall be appointed by the Director,
25 4 of whom have been a dental hygienist for a period of 5
26 years or more and one public member who has never been
27 licensed as a dentist or a dental hygienist. All members of
28 the Board shall reside in Illinois. The members of the Board
29 shall not be employed by or be an officer of any dental
30 hygiene department of any institution of learning. The Board
31 shall annually elect a chairman from among its members.
32 Terms for all Board members shall be for 4 years.
33 Partial terms over 2 years in length shall be considered as
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1 full terms. A member may be appointed for a successive term,
2 but no member shall serve more than 2 full terms in his or
3 her lifetime.
4 For initial appointments under this Act, the Director
5 shall appoint one member to a term of 2 years, 2 members to a
6 term of 3 years, and 2 members to a term of 4 years.
7 Thereafter, terms for all 5 members shall be for 4 years.
8 The membership of the Board shall include residents from
9 various geographic areas of this State. The Director shall
10 give due consideration to recommendations by the Illinois
11 Dental Hygienists' Association for appointment to the Board
12 and shall promptly give due notice to that organization of
13 any vacancy in the membership of the Board. The Director may
14 terminate the appointment of any member for cause.
15 All actions taken by the Board must be by majority vote
16 of the membership. A vacancy in the membership of the Board
17 shall not impair the right of a quorum to exercise all the
18 rights and perform all the duties of the Board. The Board
19 shall meet at least quarterly. The Board may recommend to
20 the Department rules to be adopted for the administration of
21 this Act.
22 The members of the Board shall receive as compensation a
23 reasonable sum as determined by the Director, for each day
24 actually engaged in the duties of the office and all
25 legitimate and necessary expense incurred in attending the
26 meetings of the Board.
27 Members of the Board shall be immune from suit in an
28 action based upon disciplinary proceedings or other
29 activities performed in good faith as members of the Board.
30 Section 35. Recommendations by Board of Dental Hygiene.
31 The Director shall consider the recommendations of the Board,
32 establishing guidelines for professional conduct, for the
33 conduct of formal disciplinary proceedings brought under this
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1 Act, and for establishing guidelines for qualifications of
2 applicants. Notice of proposed rulemaking shall be
3 transmitted to the Board, and the Department shall review the
4 response of the Board and its recommendation. Upon the vote
5 of at least 3/5 of the members of the Board, the Department
6 shall adopt the recommendations of the Board in any
7 rulemaking under this Act. The Department may, at any time,
8 seek the expert advise and knowledge of the Board on any
9 matter relating to the administration or enforcement of this
10 Act. The action or report in writing of a majority of the
11 Board shall be sufficient authority upon which the Director
12 may act.
13 Whenever the Director is satisfied that substantial
14 justice has not been done either in an examination or in the
15 revocation or suspension of a license or the refusal to issue
16 a license, the Director may order a reexamination or
17 rehearing.
18 Section 40. License required. No person may practice
19 dental hygiene in this State, except (i) a person licensed in
20 this State as a dentist or dental hygienist, or (ii) a
21 student enrolled in an accredited dental hygiene program or
22 school, as recognized in this Act, who is performing patient
23 services within a clinic operated within the school as an
24 integral part of the dental hygiene curriculum.
25 The Department shall issue a license authorizing practice
26 as a dental hygienist to any person who qualifies for a
27 license under this Act.
28 In addition to the license authorized by this Section,
29 the Department shall deliver to each dental hygienist a
30 separate certificate of identification in a form specified by
31 the Department.
32 Section 45. Unlicensed practice; violation; civil
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1 penalty.
2 (a) A person who practices, offers to practice, attempts
3 to practice, or holds oneself out to practice dental hygiene
4 without being licensed under this Act shall, in addition to
5 any other penalty provided by law, pay a civil penalty to the
6 Department in an amount determined by the Department that
7 shall not exceed $5,000 for each offense. The civil penalty
8 shall be assessed by the Department after a hearing is held
9 in accordance with the provisions set forth in this Act
10 regarding the provision of a hearing for the discipline of a
11 licensee.
12 (b) The Department has the authority and power to
13 investigate any and all unlicensed practice.
14 (c) The civil penalty shall be paid within 60 days after
15 the order imposing the civil penalty. The order shall
16 constitute a judgement and may be filed and execution had
17 thereon in the same manner as any judgment from any court of
18 record.
19 Section 50. Qualifications for applicants as dental
20 hygienists. A person who desires to obtain a license as a
21 dental hygienist shall apply to the Department in writing
22 upon forms prepared and furnished by the Department. Each
23 application shall contain proof of the particular
24 qualifications required of the applicant, shall be verified
25 by the applicant under oath, and shall be accompanied by the
26 required examination fee.
27 The Department shall require that every applicant for a
28 license as a dental hygienist shall meet all of the following
29 requirements:
30 (1) Be a citizen of the United States or be a lawfully
31 admitted alien.
32 (2) Be a graduate of a high school or its equivalent.
33 (3) Present satisfactory evidence of having successfully
-7- LRB9004606LDdv
1 completed 2 years of college level credit in an institution
2 of higher education of dental hygiene, each year's work to
3 consist of at least 32 weeks in a college in good standing
4 whose dental hygiene program is accredited by a national
5 accrediting agency recognized by the United States Department
6 of Education.
7 (4) Submit evidence that he or she holds a current valid
8 certification to perform cardiopulmonary resuscitation. The
9 Department shall adopt rules establishing criteria for
10 certification in cardiopulmonary resuscitation. The rules of
11 the Department shall provide for variances only in instances
12 where the applicant is physically disabled and therefore
13 unable to secure the certification.
14 (5) Submit fingerprints for the files of the Department.
15 (6) Pass an examination authorized or given by the
16 Department in the subjects usually taught in approved schools
17 of dental hygiene that determine the qualifications of an
18 applicant to perform the operative procedures of dental
19 hygiene. The Department may recognize a certificate granted
20 by a nationally recognized testing agency in lieu of any part
21 or all of the written examination.
22 Section 55. Examination for licensure as a dental
23 hygienist. The Department shall conduct or authorize an
24 examination of applicants for licensure as dental hygienists
25 at the times and places it may determine. The examination
26 shall include both practical demonstrations and written and
27 oral tests encompassing the subjects usually taught in
28 accredited schools of dental hygiene.
29 Section 60. List of dental hygienists. The Department
30 shall maintain a list of the names and addresses of all
31 dental hygienists and of all dental hygienists whose licenses
32 have been suspended or revoked, together with any other
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1 information relative to the enforcement of this Act. These
2 lists shall also be mailed by the Department to any person
3 upon request and payment of the required fee. In addition,
4 the Department shall keep available for inquiry or inspection
5 a similar list of all persons whose licenses have been
6 suspended or revoked in the interim between published lists.
7 All lists required to be published or kept by this Section
8 shall be arranged alphabetically.
9 Section 65. Expiration; renewal; restoration of
10 licenses. The expiration and renewal date for each license
11 issued under this Act shall be set by rule. A dental
12 hygienist may renew a license during the month preceding its
13 expiration date by paying the required fee and providing
14 proof of current cardiopulmonary resuscitation certification
15 and completion of any continuing education programs required
16 by Department rule. The Department shall require a minimum
17 of 24 hours of study in approved courses for dental
18 hygienists during each 2 year period. The continuing
19 education rules shall only apply to licenses renewed after
20 November 1, 1998.
21 The Department shall approve only courses that are
22 relevant to the treatment and care of patients including, but
23 not limited to, clinical courses in dentistry and dental
24 hygiene and nonclinical courses including, but not limited
25 to, patient management, legal and ethical responsibilities,
26 and stress management. Approved courses may include, but
27 shall not be limited to, courses that are offered or
28 sponsored by approved colleges, universities, and hospitals
29 and by recognized national, State, and local dental and
30 dental hygiene organizations.
31 No license shall be renewed unless the renewal
32 application is accompanied by an affidavit indicating that
33 the applicant has completed the required minimum number of
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1 hours of continuing education in approved courses as required
2 by this Section. The affidavit shall not require a listing
3 of courses. The affidavit shall be a prima facie evidence
4 that the applicant has obtained the minimum number of
5 required continuing education hours in approved courses. The
6 Department shall not be obligated to conduct random audits or
7 otherwise independently verify that an applicant has met the
8 continuing education requirement. If the Department,
9 however, receives a complaint that a licensee has not
10 completed the required continuing education or if the
11 Department is investigating another alleged violation of this
12 Act by a licensee, the Department may demand and shall be
13 entitled to receive specific evidence from the licensee of
14 completion of required continuing education courses for the
15 most recently completed 2 year licensing period. The
16 Department may provide exemptions from continuing education
17 requirements. The exemptions shall include, but shall not be
18 limited to, dental hygienists who agree not to practice
19 within the State during the licensing period because they are
20 retired from practice.
21 A dental hygienist whose license has expired or whose
22 license is on inactive status may have his or her license
23 restored at any time within 5 years after its expiration,
24 upon payment of the required fee.
25 A person whose license has expired or who has had his or
26 her license on inactive status for more than 5 years may have
27 his or her license restored by making application to the
28 Department and filing proof acceptable to the Department of
29 fitness to have the license restored, including sworn
30 evidence certifying to active practice in another
31 jurisdiction, and by paying the required restoration fee. A
32 person practicing on an expired license is considered to be
33 practicing without a license.
34 If a person whose license has expired or who has had a
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1 license on inactive status for more than 5 years has not
2 maintained an active practice satisfactory to the Department,
3 the Department shall determine, by an evaluation process
4 established by rule, his or her fitness to resume active
5 status and may require the person to complete a period of
6 evaluated clinical experience and may require the person to
7 successfully complete a practical examination.
8 However, a person whose license has expired while he or
9 she has been engaged: (i) in federal or State service active
10 duty or (ii) in training or education under the supervision
11 of the United States preliminary to induction into military
12 service may have his or her license restored without paying
13 any lapsed renewal or restoration fee if, within 2 years
14 after termination of the service, training, or education
15 other than by dishonorable discharge, the person furnishes
16 the Department with satisfactory proof that he or she has
17 been so engaged and that the service, training, or education
18 has been so terminated.
19 Section 70. Limitations on the practice of dental
20 hygienists. A dental hygienist shall practice under the
21 general supervision of a dentist, except that a dental
22 hygienist may perform oral health education functions and may
23 record case histories and oral conditions observed without
24 the supervision of a dentist.
25 Section 75. Licensing applicants from other states. A
26 person who (i) has been lawfully licensed to practice dental
27 hygiene in another state or territory that maintains a
28 standard for the practice of dental hygiene at least equal to
29 that now maintained in this State, (ii) has been lawfully
30 engaged in the practice of dental hygiene for at least 3 of
31 the last 5 years before the filing of his or her application
32 to practice in this State, and (iii) deposits with the
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1 Department a duly attested certificate from the Board of the
2 state or territory in which he or she is licensed certifying
3 that he or she is licensed and that he or she is a person of
4 good moral character may, upon payment of the required fee,
5 be granted a license to practice dental hygiene in this
6 State.
7 Applicants have 3 years from the date of application to
8 complete the application process. If the process has not
9 been completed in 3 years, the application shall be denied,
10 the fee forfeited, and, in order to practice in this State,
11 the applicant must reapply and meet the requirements in
12 effect at the time of reapplication.
13 Section 80. Display of licenses. A person licensed to
14 practice dental hygiene in this State shall at all times
15 display the license or a duplicate original of the license in
16 a conspicuous place in the office where he or she practices
17 and shall further, whenever requested, exhibit the license to
18 any member of the Department or any authorized agent of the
19 Department. Upon proof by affidavit, the Department shall
20 provide a duplicate license if a person establishes that his
21 or her license is lost or stolen or that he or she practices
22 at multiple locations.
23 Each person shall also have his or her identification
24 available at all times and whenever requested shall exhibit
25 the identification to the Department.
26 Section 85. Fees. The Department is authorized to
27 impose the following nonrefundable fees:
28 (1) Application for initial licensure as a dental
29 hygienist: $30.
30 (2) Applicants for any examination shall be required to
31 pay, either to the Department or to the designated testing
32 service, a fee covering the costs of initial screening to
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1 determine eligibility and of providing the examination.
2 (3) Application for a license from a person licensed as
3 a dental hygienist under the laws of another state or
4 territory of the United States: $50.
5 (4) Application for renewal of license: $25 per year.
6 (5) Application for restoration of a license: $10 plus
7 payment of all lapsed renewal fees, but not to exceed $85.
8 (6) Application for inactive status: $10.
9 (7) Application for restoration from inactive status:
10 the current renewal fee.
11 (8) Application for a duplicate license: $20.
12 (9) Application for certification of a registrant's
13 record for any purpose: $20.
14 (10) Application to have the scoring of an examination
15 administered by the Department reviewed and verified: $20
16 plus any fees charged by the applicable testing service.
17 (11) The fee for a wall certificate showing a license:
18 the actual cost of producing the certificate.
19 (12) The fee for a roster of persons licensed as dental
20 hygienists in this State: the actual cost of producing the
21 roster.
22 (13) The fee for dental hygiene licensing, disciplinary,
23 or investigative records under a subpoena: $1 per page.
24 Section 90. Returned checks; penalties. A person who
25 issues or delivers a check or other order to the Department
26 that is not honored on 2 occasions by the financial
27 institution upon which it is drawn because of insufficient
28 funds on account, the account is closed, or a stop payment
29 has been placed on the check or order shall pay to the
30 Department, in addition to the amount owing upon the check or
31 other order, a fine of $50. If the check or other order was
32 issued or delivered in payment of a renewal or issuance fee
33 and the person whose license has lapsed continues to practice
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1 without paying the renewal or issuance fee and fine due, an
2 additional fine of $100 shall be imposed for practicing
3 without a current license. The fees and fines imposed by
4 this Section are in addition to any other disciplinary
5 provision under this Act prohibiting practice on an expired
6 or unrenewed license. The Department shall notify the person
7 whose license has lapsed, within 30 days of discovery, that
8 the person is engaged in unauthorized practice and of the
9 amount due to the Department, which shall include the lapsed
10 renewal fee and the amount of fines imposed. If a person
11 whose license has lapsed seeks a current license after the
12 expiration of 30 days from the date of mailing of the
13 notification, he or she shall thereafter apply to the
14 Department for reinstatement of the license and pay all fees
15 and fines due to the Department. The Department may
16 establish a fee that allows the Department to pay all costs
17 and expenses incident to the processing of an application.
18 The Director may waive the fines due under this Section in
19 individual cases where he or she finds that the fine would be
20 unreasonable or unnecessarily burdensome.
21 Section 95. Practice as danger to public. The Director
22 may, upon receipt of a written communication from the
23 Secretary of Human Services, the Director of Public Aid, or
24 the Director of Public Health that continuation of practice
25 by a person licensed under this Act constitutes an immediate
26 danger to the public, immediately suspend the license of that
27 person without a hearing. In instances in which the Director
28 immediately suspends a license under this Section, a hearing
29 upon the person's license must be convened by the Board
30 within 15 days after the suspension and completed without
31 appreciable delay. The hearing shall be held to determine
32 whether to recommend to the Director that the persons'
33 license be revoked, suspended, placed on probationary status,
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1 reinstated, or that the person be subject to other
2 disciplinary action. In the hearing, the written
3 communication and any other evidence submitted with it may be
4 introduced as evidence against the person; provided however,
5 that the person or his or her counsel has the opportunity to
6 discredit or impeach the evidence and submit rebuttal
7 evidence.
8 Section 100. Refusal, suspension, or revocation of
9 dental hygienist license. The Department may refuse to issue
10 or renew, revoke, or suspend a license issued under this Act
11 or place on probation, reprimand, or take other disciplinary
12 action against a licensee that the Department may consider
13 proper, including fines not to exceed $2,500 per violation,
14 with regard to any dental hygienist licensee for any one or
15 any combination of the following causes:
16 (1) Fraud in procuring a license.
17 (2) Performing any operation not authorized by this Act.
18 (3) Practicing dental hygiene other than under the
19 supervision of a licensed dentist as provided by this Act.
20 (4) The willful violation of knowingly assisting in the
21 violation of any Act relating to the use of habit forming
22 drugs or the willful procuring of those habit forming drugs.
23 (5) Obtaining or attempting to obtain a license, money,
24 or any other thing of value by fraudulent representation.
25 (6) Gross negligence in practicing dental hygiene.
26 (7) Active practice of dental hygiene while knowingly
27 having any infectious, communicable, or contagious disease as
28 prescribed by rule of the Department.
29 (8) Habitual intoxication or addiction to the use of
30 habit forming drugs.
31 (9) Conviction in this State, another state, or in
32 federal court of a felony if the Department determines, after
33 investigation, that the person has not been sufficiently
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1 rehabilitated to warrant the public trust.
2 (10) Aiding or abetting the unlicensed practice of
3 dentistry or dental hygiene.
4 (11) Discipline by another U.S. jurisdiction or a
5 foreign nation if at least one of the grounds for the
6 discipline is the same or substantially equivalent to those
7 set forth in this Act.
8 Section 105. Investigations; notice of hearing. Upon
9 the motion of the Department or the Board or upon the
10 verified written complaint of a person setting forth facts
11 that, if proven, would constitute grounds for refusal,
12 suspension, or revocation of a license under this Act, the
13 Board shall investigate the actions of any person, hereafter
14 called the accused, who holds or represents that he or she
15 holds a license. All motions or complaints under this
16 Section shall be brought to the Board.
17 Before suspending, revoking, placing on probationary
18 status, or taking any other disciplinary action the Director
19 may consider proper with regard to a licensee, at least 30
20 days before the date set for the hearing, the Department
21 shall (i) notify the accused in writing of the charges made
22 and the time and place for a hearing of the charges before
23 the Board, (ii) direct the accused to file a written answer
24 with the Board under oath within 20 days after the service of
25 the notice, and (iii) inform the accused that failure to file
26 an answer will result in default being taken against him or
27 her and that his or her license may be suspended, revoked,
28 placed on probationary status, or that other disciplinary
29 action may be taken, including limiting the scope, nature, or
30 extent of his or her practice, as the Director may consider
31 proper.
32 The written notice and any notice in the proceedings
33 thereafter may be served by personal delivery or by
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1 registered or certified mail to the address last specified by
2 the accused in his or her last notification to the Director.
3 Section 110. Disciplinary actions.
4 (a) In case an accused person, after receiving notice,
5 fails to file an answer, the Director, in his or her
6 discretion and after having received the recommendation of
7 the Board, may suspend or revoke the person's license, place
8 the person's license on probationary status, or take whatever
9 other disciplinary action the Director may consider proper,
10 including limiting the scope, nature, or extent of the
11 person's practice or imposing a fine, without hearing, if the
12 act or acts charged constitute sufficient grounds for that
13 action under this Act.
14 (b) The Director may temporarily suspend the license of
15 a dental hygienist without a hearing simultaneous to the
16 institution of proceedings for a hearing under this Act if
17 the Director finds that evidence in his or her possession
18 indicates that the dental hygienist's continuation in the
19 practice would constitute an immediate danger to the public.
20 In the event that the Director temporarily suspends the
21 license of a dental hygienist without a hearing, a hearing by
22 the Board must be held within 15 days after the suspension
23 has occurred.
24 (c) The entry of a judgment by a circuit court
25 establishing that a person holding a license under this Act
26 is subject to involuntary admission under the Mental Health
27 and Developmental Disabilities Code shall operate as a
28 suspension of that license. That person may resume his or
29 her practice only upon a finding by the Board that he or she
30 has been determined to be no longer subject to involuntary
31 admission by the court and upon the Board's recommendation to
32 the Director that he or she be permitted to resume his or her
33 practice.
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1 Section 115. Hearings. At the time and place fixed in
2 the notice under Section 105, the Board shall proceed to hear
3 charges brought under this Act and both the accused person
4 and the complainant shall be accorded ample opportunity to
5 present in person, or by counsel, any statements, testimony,
6 evidence, and argument that may be pertinent to the charges
7 or to his or her defense. The Board may continue the hearing
8 from time to time. If the Board is not sitting at the time
9 and place fixed in the notice or at the time and place to
10 which the hearing has been continued, the Department shall
11 continue the hearing for a period not to exceed 30 days.
12 The Board and Department shall have the power to subpoena
13 and bring before the Board any person in this State and to
14 take testimony either orally, by deposition, or both, with
15 the same fees and mileage and in the same manner as is
16 prescribed by law for judicial procedure in civil cases.
17 The Director and any member of the Board shall have power
18 to administer oaths at any hearing that the Department or
19 Board is authorized by law to conduct.
20 Section 120. Attendance of witnesses; production of
21 documents. Any circuit court, upon the application of the
22 accused, the complainant, the Department, or Board, may order
23 the attendance of witnesses and the production of relevant
24 books and papers before the Board in any investigation or
25 hearing relevant to the application for or refusal, recall,
26 suspension, or revocation of a license. The court may compel
27 obedience to its order by proceedings for contempt.
28 Section 125. Recommendations for disciplinary action;
29 action by Director. The Board may advise the Director that
30 probation be granted or that other disciplinary action,
31 including the limitation of the scope, nature, or extent of a
32 person's practice, be taken, as it considers proper. If
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1 disciplinary action other than suspension or revocation is
2 taken, the Board may advise that the Director impose
3 reasonable limitations and requirements upon the accused to
4 insure compliance with the terms of the probation or other
5 disciplinary action, including, but not limited to, regular
6 reporting by the accused to the Director of his or her
7 actions, the accused's placing himself or herself under the
8 care of a qualified physician for treatment, or limiting his
9 or her practice in the manner the Director may require.
10 The Board shall present to the Director a written report
11 of its findings and recommendations. A copy of the report
12 shall be served upon the accused, either personally or by
13 registered mail. Within 20 days after service, the accused
14 may present to the Department his or her motion in writing
15 for a rehearing, specifying the particular grounds for
16 rehearing. If the accused orders and pays for a transcript
17 of the record, the time elapsing thereafter and before the
18 transcript is ready for delivery to him or her shall not be
19 counted as part of the 20 days.
20 At the expiration of the time allowed for filing a motion
21 for rehearing the Director may take the action recommended by
22 the Board. Upon suspension, revocation, placement on
23 probationary status, or the taking of any other disciplinary
24 action, including the limiting of the scope, nature, or
25 extent of one's practice, considered proper by the Director
26 with regard to the license, the accused shall surrender his
27 or her license to the Department, if ordered to do so by the
28 Department. Upon his or her failure or refusal to do so, the
29 Department may seize the license.
30 In all instances under this Act in which the Board has
31 rendered a recommendation to the Director with respect to a
32 particular person, the Director shall, to the extent that he
33 or she disagrees with or takes action contrary to the
34 recommendation of the Board, file with the Board and the
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1 Secretary of State his or her specific written reasons of
2 disagreement. The reasons shall be filed within 30 days
3 after the Director has taken the contrary position.
4 Each order of revocation, suspension, or other
5 disciplinary action shall contain a brief, concise statement
6 of the ground or grounds upon which the Department's action
7 is based, as well as the specific terms and conditions of the
8 action. The original of this document shall be retained as a
9 permanent record by the Board and the Department. In those
10 instances where an order of revocation, suspension, or other
11 disciplinary action has been rendered by virtue of a dental
12 hygienist's physical illness, including, but not limited to
13 deterioration through the aging process or loss of motor
14 skill that results in an inability to practice with
15 reasonable judgment, skill, or safety, the Department shall
16 permit only this document and the record of the incident
17 hearing to be observed, inspected, viewed, or copied under
18 court order.
19 Section 130. Appointment of a hearing officer. The
20 Director shall have the authority to appoint an attorney duly
21 licensed to practice law in the State of Illinois to serve as
22 a hearing officer in an action for refusal to issue or renew
23 a license or to discipline a licensee. The hearing officer
24 shall have full authority to conduct the hearing. The
25 hearing officer shall report his or her findings and
26 recommendations to the Board and the Director. The Board
27 shall have 60 days from receipt of the report to review the
28 report of the hearing officer and present its findings of
29 fact, conclusions of law, and recommendations to the
30 Director. If the Board fails to present its report within
31 the 60 day period, the Director shall issue an order based on
32 the report of the hearing officer. If the Director
33 determines that the Board's report is contrary to the
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1 manifest weight of the evidence, he or she may issue an order
2 in contravention of the Board's report.
3 Section 135. Restoration. At any time after the
4 suspension or revocation of a license or the placement of a
5 license on probationary status or the taking of any other
6 disciplinary action with regard to a licensee, the Department
7 may restore the license to the accused or may take any other
8 action to reinstate the license to good standing, without
9 examination, upon the written recommendation of the Board.
10 Section 140. Administrative Review Law; application.
11 All final administrative decisions of the Department are
12 subject to judicial review under the Administrative Review
13 Law and its rules. The term "administrative decision" is
14 defined as in Section 3-101 of the Code of Civil Procedure.
15 Proceedings for judicial review shall be commenced in the
16 circuit court of the county in which the party applying for
17 review resides, but if the party is not a resident of this
18 State then the venue shall be in Sangamon County.
19 The Department shall not be required to certify any
20 record to the court, file any answer in court, or otherwise
21 appear in any court in a judicial review proceeding unless
22 there is filed in the court with the complaint a receipt from
23 the Department acknowledging payment of the costs of
24 furnishing and certifying the record. Exhibits shall be
25 certified without cost. Failure on the part of the plaintiff
26 to file a receipt in court shall be grounds for dismissal of
27 the action. During the pendency and hearing of any and all
28 judicial proceedings incident to a disciplinary action any
29 sanctions imposed upon the accused by the Department shall
30 remain in full force and effect.
31 Section 145. Revocation orders. An order of revocation,
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1 suspension, placement on probationary status, or other formal
2 disciplinary action that the Department may consider proper,
3 or a certified copy thereof, over the seal of the Department
4 and purporting to be signed by the Director of the Department
5 is prima facie proof that:
6 (1) The signature is the genuine signature of the
7 Director.
8 (2) The Director is duly appointed and qualified.
9 (3) The Board and the Board members are qualified. This
10 proof may be rebutted.
11 Section 150. Confidential information; disclosure. In
12 all hearings conducted under this Act any information
13 acquired by a dental hygienist in attending a patient in a
14 professional character and necessary to professionally serve
15 the patient shall be considered strictly confidential and
16 shall only be made available either as part of the record of
17 a hearing under this Act or otherwise:
18 (1) when the record is required, in its entirety, for
19 the purposes of judicial review under this Act; or
20 (2) upon the express, written consent of the patient, or
21 in the case of his or her death or disability, his or her
22 personal representative.
23 Section 155. Unreasonable revocation orders. In the
24 event that the Department's order of revocation, suspension,
25 placement on probationary status, or other order of formal
26 disciplinary action is without any reasonable basis in fact,
27 the State of Illinois shall be liable to the injured dental
28 hygienist for special damages suffered as a direct result of
29 the order. A suit for damages must be filed in the Court of
30 Claims.
31 Section 160. Reports of violations; immunity. A person
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1 licensed under this Act, the Illinois State Dental Society,
2 the Illinois Dental Hygienists Association, or any other
3 similar group or component society or their members, or any
4 other person, may report to the Board any information that
5 person, association, or society may have that appears to show
6 that a dental hygienist or any other person is or may be in
7 violation of any provision of this Act. A person,
8 association, or society participating in good faith in the
9 making of a report under this Act shall have immunity from
10 any civil, criminal, or other liability that might result by
11 reason of the action. For purpose of any civil or criminal
12 proceedings, the good faith of a person, association, or
13 society shall be presumed.
14 A person who retaliates against or acts to cause the loss
15 of employment of a person who in good faith reports to the
16 Board information that appears to show that a dental
17 hygienist or any other person is or may be in violation of
18 any provision of this Act is guilty of a Class A misdemeanor.
19 Section 165. Unlicensed practice; injunctions. The
20 practice of dental hygiene by a person not holding a valid
21 and current license under this Act, except as otherwise
22 provided in this Act, is declared to be inimical to the
23 public welfare, to constitute a public nuisance, and to cause
24 irreparable harm to the public welfare. The Director, the
25 Attorney General, the State's attorney of any county in the
26 State, or any person may maintain an action in the name of
27 the People of the State of Illinois and may apply for
28 injunctive relief in any circuit court to enjoin the person
29 from engaging in the unlawful practice. Upon the filing of a
30 verified petition in court, the court, if satisfied by
31 affidavit or otherwise that the person has been engaged in
32 practice without a valid and current license, may enter a
33 temporary restraining order without notice or bond enjoining
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1 the defendant from further practice. Only the showing of
2 nonlicensure, by affidavit or otherwise, is necessary in
3 order for a temporary injunction to issue. A copy of the
4 verified complaint shall be served upon the defendant and the
5 proceedings shall thereafter be conducted as in other civil
6 cases except as modified by this Section. If it is
7 established that the defendant has been or is engaged in an
8 unlawful practice, the court may enter an order or judgment
9 perpetually enjoining the defendant from further practice. A
10 person aiding or abetting the practice of dental hygiene by a
11 person without a valid and current license shall also be
12 subject to being enjoined under this Section. In all
13 proceedings under this Section, the court, in its discretion,
14 may apportion the costs among the parties interested in the
15 action, including the costs of filing the complaint, service
16 of process, witness fees and expenses, court reporter
17 charges, and reasonable attorneys' fees. In case a violation
18 of any injunctive order is entered under this Section, the
19 court may summarily try and punish the offender for contempt
20 of court. Injunction proceedings shall be in addition to,
21 and not in lieu of, all other penalties and remedies provided
22 under this Act.
23 Section 170. Penalty for unlawful practice; second and
24 subsequent offenses. A person (i) who practices or offers to
25 practice dental hygiene in this State without being licensed
26 for that purpose, (ii) whose license has been suspended or
27 revoked, (iii) who aids or abets a person to practice dental
28 hygiene, or (iv) who violates any provision of this Act for
29 which no specific penalty has been provided in this Act is
30 guilty of a Class A misdemeanor.
31 A person who has been previously convicted under any
32 provision of this Act and who subsequently violates any
33 provision of this Act is guilty of a Class 4 felony. In
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1 addition, whenever a person is punished as a subsequent
2 offender under this Section, the Director shall proceed to
3 obtain a permanent injunction against that person under
4 Section 165 of this Act.
5 Section 175. Failure to give notice of change of
6 address; penalty. The failure, neglect, or refusal on the
7 part of a licensee to notify the Department of a change of
8 address, within 90 days after the change, shall result in a
9 forfeiture of his or her license. The license, once
10 forfeited, shall be restored to the licensee upon a payment
11 to the Department of $15.
12 Section 180. Filing license or diploma of another. A
13 person filing or attempting to file as his or her own the
14 diploma or license of another or a forged affidavit of
15 identification or qualification is guilty of a Class 3 felony
16 and upon conviction is subject to a fine and imprisonment
17 under the law of this State for the crime of forgery.
18 Section 185. Department personnel. The Department
19 shall employ, in conformity with the Personnel Code, not less
20 than one full-time investigator. Each investigator shall be
21 a college graduate with at least 2 years investigative
22 experience or one year of advanced dental, dental hygiene, or
23 medical education. The Department shall employ, in
24 conformity with the Personnel Code, other professional,
25 technical, investigative, and clerical assistance on, either
26 a full or part-time basis that the Department considers
27 necessary for the proper performance of its duties. The
28 Department shall retain and use any hearing officers it
29 considers necessary. All employees of the Department shall
30 be directed by and answerable to the Department with respect
31 to their duties and functions.
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1 Section 190. Dental Hygiene Disciplinary Fund. All
2 fees, fines, or penalties received by the Department under
3 this Act shall be deposited into the Dental Hygiene
4 Disciplinary Fund, a special fund created in the State
5 Treasury, and shall be used by the Department in the exercise
6 of its powers and performance of its duties under this Act,
7 including but not limited to the provision for evidence in
8 dental hygiene investigation. All earnings incurred from
9 investment of moneys in the Dental Hygiene Disciplinary Fund
10 shall be deposited in the Dental Hygiene Disciplinary Fund
11 and shall be used for the same purpose as fees deposited in
12 the Fund.
13 Section 195. Exemption from civil liability for peer
14 review committees. While serving upon any peer review
15 committee, a dental hygienist shall not be liable for civil
16 damages as a result of his or her decisions, findings, or
17 recommendations in connection with his or her duties on the
18 committee, except decisions, findings, or recommendations
19 involving his or her wilful or wanton misconduct. In
20 addition, any professional organization, association, or
21 society of dental hygienists or any of their components that
22 sponsor, sanction, or otherwise operate or participate in
23 peer review activities are afforded the same privileges and
24 immunities afforded to any member of the peer review
25 committee.
26 Section 200. Administrative Procedure Act; application.
27 The Illinois Administrative Procedure Act is expressly
28 adopted and incorporated in this Act as if all of the
29 provisions of that Act were included in this Act, except that
30 the provision of paragraph (c) of Section 16 of the Illinois
31 Administrative Procedure Act, which provides that at hearings
32 the dental hygienist has the right to show compliance with
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1 all lawful requirements for retention, continuation, or
2 renewal of the licensee, is specifically excluded. For
3 purposes of this Act the notice required under Section 10 of
4 the Illinois Administrative Procedure Act is considered
5 sufficient when mailed to the last known address of a party.
6 Section 205. Validity of existing registration.
7 Certifications of registration to practice dental hygiene
8 issued under the Illinois Dental Practice Act shall be
9 treated as licenses issued under this Act and shall remain in
10 effect until their stated expiration dates. Upon their
11 expiration, the certificates of registration shall be renewed
12 as provided for licenses in this Act. Any disciplinary
13 action or investigation initiated or imposed against a dental
14 hygienist under the Illinois Dental Practice Act shall remain
15 in full force and effect and shall not be affected by this
16 Act.
17 Section 240. The Regulatory Agency Sunset Act is amended
18 by adding Section 4.18 as follows:
19 (5 ILCS 80/4.18 new)
20 Sec. 4.18. The following Act is repealed January 1,
21 2008:
22 The Illinois Dental Hygiene Practice Act.
23 Section 245. The State Finance Act is amended by adding
24 Section 5.449 as follows:
25 (30 ILCS 105/5.449 new)
26 Sec. 5.449. The Dental Hygiene Disciplinary Fund.
27 Section 250. The Illinois Dental Practice Act is amended
28 by changing Sections 4, 5, 6, 15, 16, 16.1, 19, 20, 21, 23,
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1 26, 34, 35, 36, 41, and 55 as follows:
2 (225 ILCS 25/4) (from Ch. 111, par. 2304)
3 Sec. 4. Definitions. As used in this Act:
4 (a) "Department" means the Illinois Department of
5 Professional Regulation.
6 (b) "Director" means the Director of Professional
7 Regulation.
8 (c) "Board" means the Board of Dentistry established by
9 Section 6 of this Act.
10 (d) "Dentist" means a person who has received a general
11 license pursuant to paragraph (a) of Section 11 of this Act
12 and who may perform any intraoral and extraoral procedure
13 required in the practice of dentistry and to whom is reserved
14 the responsibilities specified in Section 17.
15 (e) (Blank). "Dental hygienist" means a person who
16 holds a license under this Act to perform dental services as
17 authorized by Section 18.
18 (f) "Dental assistant" means an appropriately trained
19 person who, under the supervision of a dentist, provides
20 dental services as authorized by Section 17.
21 (g) "Dental laboratory" means a person, firm or
22 corporation which:
23 (i) engages in making, providing, repairing or
24 altering dental prosthetic appliances and other
25 artificial materials and devices which are returned to a
26 dentist for insertion into the human oral cavity or which
27 come in contact with its adjacent structures and tissues;
28 and
29 (ii) utilizes or employs a dental technician to
30 provide such services; and
31 (iii) performs such functions only for a dentist or
32 dentists.
33 (h) "Supervision" means supervision of a dental
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1 hygienist or a dental assistant requiring that a dentist
2 authorize the procedure, remain in the dental facility while
3 the procedure is performed, and approve the work performed by
4 the dental hygienist or dental assistant before dismissal of
5 the patient, but does not mean that the dentist must be
6 present at all times in the treatment room.
7 (i) (Blank). "General supervision" means supervision of
8 a dental hygienist requiring that a dentist authorize the
9 procedures which are being carried out, but not requiring
10 that a dentist be present when the authorized procedures are
11 being performed. The authorized procedures may also be
12 performed at a place other than the dentist's usual place of
13 practice. The issuance of a prescription to a dental
14 laboratory by a dentist does not constitute general
15 supervision.
16 (j) "Public member" means a person who is not a health
17 professional. For purposes of board membership, any person
18 with a significant financial interest in a health service or
19 profession is not a public member.
20 (k) "Dentistry" means the healing art which is concerned
21 with the examination, diagnosis, treatment planning and care
22 of conditions within the human oral cavity and its adjacent
23 tissues and structures, as further specified in Section 17.
24 (l) "Branches of dentistry" means the various
25 specialties of dentistry which, for purposes of this Act,
26 shall be limited to the following: endodontics, oral and
27 maxillofacial surgery, orthodontics and dentofacial
28 orthopedics, pediatric dentistry, periodontics and
29 prosthodontics.
30 (m) "Specialist" means a dentist who has received a
31 specialty license pursuant to Section 11(b).
32 (n) "Dental technician" means a person who owns,
33 operates or is employed by a dental laboratory and engages in
34 making, providing, repairing or altering dental prosthetic
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1 appliances and other artificial materials and devices which
2 are returned to a dentist for insertion into the human oral
3 cavity or which come in contact with its adjacent structures
4 and tissues.
5 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
6 (225 ILCS 25/5) (from Ch. 111, par. 2305)
7 Sec. 5. Powers and duties of Department. Subject to the
8 provisions of this Act, the Department shall exercise the
9 following functions, powers and duties:
10 (a) Conduct or authorize examinations to ascertain the
11 fitness and qualifications of applicants for dental licenses
12 or dental hygienist licenses, pass upon the qualifications of
13 applicants for licenses, and issue licenses to such as are
14 found to be fit and qualified.
15 (b) Prescribe rules and regulations for a method of
16 examination of candidates.
17 (c) Prescribe rules and regulations defining what shall
18 constitute an approved program, school, college or department
19 of a university except that no program, school, college or
20 department of a university that refuses admittance to
21 applicants solely on account of race, color, creed, sex or
22 national origin shall be approved.
23 (d) Conduct hearings on proceedings to revoke, suspend,
24 or on objection to the issuance of licenses and to revoke,
25 suspend or refuse to issue such licenses.
26 (e) Promulgate rules and regulations required for the
27 administration of this Act.
28 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
29 (225 ILCS 25/6) (from Ch. 111, par. 2306)
30 Sec. 6. Board of Dentistry - Report By Majority
31 Required. There is created a Board of Dentistry, to be
32 composed of persons designated from time to time by the
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1 Director, as follows:
2 Ten persons, 8 of whom have been dentists for a period of
3 5 years or more; one who has been a dental hygienist for a
4 period of 5 years or more, and one public member. None of
5 the 10 members shall be employed by or be an officer of any
6 dental college, or dental or dental hygiene department of any
7 institution of learning. The dental hygienist shall not
8 participate in the examination of applicants for licenses to
9 practice dentistry. The public member shall not participate
10 in the examination of applicants for licenses to practice
11 dentistry or dental hygiene. The board shall annually elect
12 a chairman who shall be a dentist.
13 Terms for all members shall be for 4 years. Partial
14 terms over 2 years in length shall be considered as full
15 terms. A member may be reappointed for a successive term,
16 but no member shall serve more than 2 full terms in his or
17 her lifetime.
18 The membership of the Board shall include only residents
19 from various geographic areas of this State and shall include
20 at least some graduates from various institutions of dental
21 education in this State.
22 In making appointments to the Board the Director shall
23 give due consideration to recommendations by organizations of
24 the dental profession in Illinois, including the Illinois
25 State Dental Society and Illinois Dental Hygienists
26 Association, and shall promptly give due notice to such
27 organizations of any vacancy in the membership of the Board.
28 The Director may terminate the appointment of any member for
29 cause which in the opinion of the Director reasonably
30 justifies such termination.
31 A vacancy in the membership of the Board shall not impair
32 the right of a quorum to exercise all the rights and perform
33 all the duties of the Board. Any action to be taken by the
34 Board under this Act may be authorized by resolution at any
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1 regular or special meeting, and each such resolution shall
2 take effect immediately. The Board shall meet at least
3 quarterly. The Board may adopt all rules and regulations
4 necessary and incident to its powers and duties under this
5 Act.
6 The members of the Board shall each receive as
7 compensation a reasonable sum as determined by the Director
8 for each day actually engaged in the duties of the office,
9 and all legitimate and necessary expense incurred in
10 attending the 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. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
15 (225 ILCS 25/15) (from Ch. 111, par. 2315)
16 Sec. 15. List of Dentists and Dental Hygienists. The
17 Department shall maintain a list of the names and addresses
18 of all dentists and dental hygienists and of all persons
19 whose licenses have been suspended or revoked, together with
20 such other information relative to the enforcement of the
21 provisions of this Act as it may deem of interest to the
22 public. Such lists shall also be mailed by the Department to
23 any person upon request and payment of the required fee. In
24 addition, the Department shall keep available for inquiry or
25 inspection a similar list of all persons whose licenses have
26 been suspended or revoked in the interim between such
27 published lists. All lists required to be published or kept
28 by this Section shall be arranged alphabetically.
29 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
30 (225 ILCS 25/16) (from Ch. 111, par. 2316)
31 Sec. 16. Expiration, renewal and restoration of
32 licenses. The expiration date and renewal period for each
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1 license issued under this Act shall be set by rule. A
2 dentist or dental hygienist may renew a license during the
3 month preceding its expiration date by paying the required
4 fee. A dental hygienist shall provide proof of current
5 cardiopulmonary resuscitation certification at the time of
6 renewal.
7 A Any dentist or dental hygienist whose license has
8 expired or whose license is on inactive status may have his
9 or her license restored at any time within 5 years after the
10 expiration thereof, upon payment of the required fee.
11 A Any person whose license has been expired for more than
12 5 years or who has had his or her license on inactive status
13 for more than 5 years may have his or her license restored by
14 making application to the Department and filing proof
15 acceptable to the Department of his fitness to have license
16 restored, including sworn evidence certifying to active
17 practice in another jurisdiction, and by paying the required
18 restoration fee. A person practicing on an expired license
19 is considered deemed to be practicing without a license.
20 If a person whose license has expired or who has had his
21 or her license on inactive status for more than 5 years has
22 not maintained an active practice satisfactory to the
23 department, the Department shall determine, by an evaluation
24 process established by rule, his or her fitness to resume
25 active status and may require the person to complete a period
26 of evaluated clinical experience and may require successful
27 completion of a practical examination.
28 However, any person whose license has expired while he or
29 she has been engaged (1) in federal or state service active
30 duty, or (2) in training or education under the supervision
31 of the United States preliminary to induction into the
32 military service, may have his or her license restored
33 without paying any lapsed renewal or restoration fee, if
34 within 2 years after termination of such service, training or
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1 education other than by dishonorable discharge, he or she
2 furnishes the Department with satisfactory proof that he or
3 she has been so engaged and that his or her service,
4 training, or education has been so terminated.
5 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
6 (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
7 Sec. 16.1. Continuing education. The Department shall
8 promulgate rules of continuing education for persons licensed
9 under this Act. In establishing rules, the Department shall
10 require a minimum of 32 hours of study in approved courses
11 for dentists during each 2 year licensing period and a
12 minimum of 24 hours of study in approved courses for dental
13 hygienists during each 2 year licensing period. These
14 continuing education rules shall only apply to licenses
15 renewed after November 1, 1992.
16 The Department shall approve only courses that are
17 relevant to the treatment and care of patients, including,
18 but not limited to, clinical courses in dentistry and dental
19 hygiene and nonclinical courses such as patient management,
20 legal and ethical responsibilities, and stress management.
21 Courses shall not be approved in such subjects as estate and
22 financial planning, investments, or personal health.
23 Approved courses may include, but shall not be limited to,
24 courses that are offered or sponsored by approved colleges,
25 universities, and hospitals and by recognized national,
26 State, and local dental and dental hygiene organizations.
27 No license shall be renewed unless the renewal
28 application is accompanied by an affidavit indicating that
29 the applicant has completed the required minimum number of
30 hours of continuing education in approved courses as required
31 by this Section. The affidavit shall not require a listing
32 of courses. The affidavit shall be a prima facie evidence
33 that the applicant has obtained the minimum number of
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1 required continuing education hours in approved courses. The
2 Department shall not be obligated to conduct random audits or
3 otherwise independently verify that an applicant has met the
4 continuing education requirement. If the Department, however,
5 receives a complaint that a licensee has not completed the
6 required continuing education or if the Department is
7 investigating another alleged violation of this Act by a
8 licensee, the Department may demand and shall be entitled to
9 receive specific evidence from any licensee of completion of
10 required continuing education courses for the most recently
11 completed 2 year licensing period. Any dentist who holds
12 more than one license under this Act shall be required to
13 complete only the minimum number of hours of continuing
14 education required for renewal of a single license. The
15 Department may provide exemptions from continuing education
16 requirements. The exemptions shall include, but shall not be
17 limited to, dentists and dental hygienists who agree not to
18 practice within the State during the licensing period because
19 they are retired from practice.
20 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
21 (225 ILCS 25/19) (from Ch. 111, par. 2319)
22 Sec. 19. Licensing applicants from other states. Any
23 person who has been lawfully licensed to practice dentistry
24 or dental hygiene in another state or territory that which
25 has and maintains a standard for the practice of dentistry or
26 dental hygiene at least equal to that now maintained in this
27 State, or if the requirements for licensure in such state or
28 territory in which the applicant was licensed were, at the
29 date of his or her licensure, substantially equivalent to the
30 requirements then in force in this State, and who has been
31 lawfully engaged in the practice of dentistry or dental
32 hygiene for at least 3 of the 5 years immediately preceding
33 the filing of his or her application to practice in this
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1 State and who shall deposit with the Department a duly
2 attested certificate from the Board of the state or territory
3 in which he or she is licensed, certifying to the fact of his
4 or her licensing and of his or her being a person of good
5 moral character may, upon payment of the required fee, be
6 granted a license to practice dentistry or dental hygiene in
7 this State, as the case may be.
8 For the purposes of this Section, in computing 3 of the
9 immediately preceding 5 years of practice in another state or
10 territory, any person who left the practice of dentistry to
11 enter the military service and who practiced dentistry while
12 in the military service may count as a part of such period
13 the time spent by him in such service.
14 Applicants have 3 years from the date of application to
15 complete the application process. If the process has not
16 been completed in 3 years, the application shall be denied,
17 the fee forfeited, and the applicant must reapply and meet
18 the requirements in effect at the time of reapplication.
19 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
20 (225 ILCS 25/20) (from Ch. 111, par. 2320)
21 Sec. 20. Display of licenses. Any person licensed to
22 practice dentistry or dental hygiene in this State by the
23 Department as hereinbefore provided, shall at all times
24 display such license or duplicate original thereof in a
25 conspicuous place, in his or her office wherein he or she
26 shall practice such profession, and shall further, whenever
27 requested, exhibit such license to any of the members of the
28 Department or its authorized agent. Upon proof by affidavit,
29 the Department shall provide a duplicate if such person
30 establishes that his or her license is lost or stolen or that
31 he or she practices at multiple locations.
32 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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1 (225 ILCS 25/21) (from Ch. 111, par. 2321)
2 Sec. 21. Fees. The Department is authorized to impose
3 the following nonrefundable fees:
4 (a) License as dentist or specialist.
5 (1) Application for temporary training or
6 restricted faculty license: $25.
7 (2) Application for initial license pursuant to
8 examination: $25.
9 (3) Applicants for any examination shall be
10 required to pay, either to the Department or to the
11 designated testing service, a fee covering the cost of
12 initial screening to determine eligibility and providing
13 the examination.
14 (4) Application for licensure from a person
15 licensed as a dentist under the laws of another state or
16 territory of the United States: $50.
17 (5) Application for renewal of a license: $50 per
18 year.
19 (6) Application for restoration of a license: $10
20 plus payment of all lapsed renewal fees.
21 (7) Application for inactive status: $10.
22 (8) Application for restoration from inactive
23 status: the current renewal fee.
24 (9) Application for restoration after failure to
25 notify Department of change of address: $15, plus payment
26 of all lapsed renewal fees.
27 (10) Application for an initial permit to
28 administer general anesthesia or parenteral conscious
29 sedation: $25.
30 (11) Application for renewal of a permit to
31 administer general anesthesia or parenteral conscious
32 sedation: $25 per year.
33 (b) (Blank). License as dental hygienist.
34 (1) Application for initial license pursuant to
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1 examination: $25.
2 (2) Applicants for any examination shall be
3 required to pay, either to the Department or to the
4 designated testing service, a fee covering the cost of
5 initial screening to determine eligibility and providing
6 the examination.
7 (3) Application for license from a person licensed
8 as a dental hygienist under the laws of another state or
9 territory of the United States: $50.
10 (4) Application for renewal of a license: $15 per
11 year.
12 (5) Application for restoration of a license: $10
13 plus payment of all lapsed renewal fees, but not to
14 exceed $85.
15 (6) Application for inactive status: $10.
16 (7) Application for restoration from inactive
17 status: the current renewal fee.
18 (c) General fees.
19 (1) Application for a duplicate license: $20.
20 (2) Application for a certification of a
21 registrant's record for any purpose: $20.
22 (3) Application to have the scoring of an
23 examination administered by the Department reviewed and
24 verified: $20, plus any fees charged by the applicable
25 testing service.
26 (4) The fee for a wall certificate showing a
27 license shall be the actual cost of producing such
28 certificate.
29 (5) The fee for a roster of persons licensed as
30 dentists or dental specialists or dental hygienists in
31 this State shall be the actual cost of producing such a
32 roster.
33 (6) The fee for dental licensing, disciplinary or
34 investigative records pursuant to a subpoena is $1 per
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1 page.
2 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
3 (225 ILCS 25/23) (from Ch. 111, par. 2323)
4 Sec. 23. Refusal, revocation or suspension of dental
5 licenses. The Department may refuse to issue or renew, or
6 may revoke, suspend, place on probation, reprimand or take
7 other disciplinary action as the Department may deem proper,
8 including fines not to exceed $10,000 per violation, with
9 regard to any license for any one or any combination of the
10 following causes:
11 1. Fraud in procuring the license.
12 2. Habitual intoxication or addiction to the use of
13 drugs.
14 3. Wilful or repeated violations of the rules of the
15 Department of Public Health or Department of Nuclear Safety.
16 4. Acceptance of a fee for service as a witness, without
17 the knowledge of the court, in addition to the fee allowed by
18 the court.
19 5. Division of fees or agreeing to split or divide the
20 fees received for dental services with any person for
21 bringing or referring a patient, except in regard to referral
22 services as provided for under Section 45, or assisting in
23 the care or treatment of a patient, without the knowledge of
24 the patient or his legal representative.
25 6. Employing, procuring, inducing, aiding or abetting a
26 person not licensed or registered as a dentist to engage in
27 the practice of dentistry. The person practiced upon is not
28 an accomplice, employer, procurer, inducer, aider, or abetter
29 within the meaning of this Act.
30 7. Making any misrepresentations or false promises,
31 directly or indirectly, to influence, persuade or induce
32 dental patronage.
33 8. Professional connection or association with or
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1 lending his name to another for the illegal practice of
2 dentistry by another, or professional connection or
3 association with any person, firm or corporation holding
4 himself, herself, themselves, or itself out in any manner
5 contrary to this Act.
6 9. Obtaining or seeking to obtain practice, money, or
7 any other things of value by false or fraudulent
8 representations, but not limited to, engaging in such
9 fraudulent practice to defraud the medical assistance program
10 of the Department of Public Aid.
11 10. Practicing under a name other than his or her own.
12 11. Engaging in dishonorable, unethical, or
13 unprofessional conduct of a character likely to deceive,
14 defraud, or harm the public.
15 12. Conviction in this or another State of any crime
16 which is a felony under the laws of this State or conviction
17 of a felony in a federal court, conviction of a misdemeanor,
18 an essential element of which is dishonesty, or conviction of
19 any crime which is directly related to the practice of
20 dentistry or dental hygiene.
21 13. Permitting a dental hygienist, dental assistant or
22 other person under his or her supervision to perform any
23 operation not authorized by law this Act.
24 14. (Blank). Permitting more than 4 dental hygienists to
25 be employed under his supervision at any one time.
26 15. A violation of any provision of this Act or any
27 rules promulgated under this Act.
28 16. Taking impressions for or using the services of any
29 person, firm or corporation violating this Act.
30 17. Violating any provision of Section 45 relating to
31 advertising.
32 18. Discipline by another U.S. jurisdiction or foreign
33 nation, if at least one of the grounds for the discipline is
34 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 suspected
3 child abuse or neglect as required by the "Abused and
4 Neglected Child Reporting Act.
5 20. Gross or repeated malpractice resulting in injury or
6 death of a patient.
7 21. The use or prescription for use of narcotics or
8 controlled substances or designated products as listed in the
9 Illinois Controlled Substances Act, in any way other than for
10 therapeutic purposes.
11 22. Willfully making or filing false records or reports
12 in his practice as a dentist, including, but not limited to,
13 false records to support claims against the dental assistance
14 program of the Illinois Department of Public Aid.
15 23. Professional incompetence as manifested by poor
16 standards of care or mental incompetency as declared by a
17 court of competent jurisdiction.
18 24. Physical illness, including, but not limited to,
19 deterioration through the aging process, or loss of motor
20 skills which results in a dentist's inability to practice
21 dentistry with reasonable judgment, skill or safety.
22 25. Repeated irregularities in billing a third party for
23 services rendered to a patient. For purposes of this
24 paragraph 25, "irregularities in billing" shall include:
25 (a) Reporting excessive charges for the purpose of
26 obtaining a total payment in excess of that usually
27 received by the dentist for the services rendered.
28 (b) Reporting charges for services not rendered.
29 (c) Incorrectly reporting services rendered for the
30 purpose of obtaining payment not earned.
31 26. Continuing the active practice of dentistry while
32 knowingly having any infectious, communicable, or contagious
33 disease proscribed by rule or regulation of the Department.
34 27. Being named as a perpetrator in an indicated report
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1 by the Department of Children and Family Services pursuant to
2 the Abused and Neglected Child Reporting Act, and upon proof
3 by clear and convincing evidence that the licensee has caused
4 a child to be an abused child or neglected child as defined
5 in the Abused and Neglected Child Reporting Act.
6 28. Violating the Health Care Worker Self-Referral Act.
7 29. Abandonment of a patient.
8 All proceedings to suspend, revoke, place on probationary
9 status, or take any other disciplinary action as the
10 Department may deem proper, with regard to a license on any
11 of the foregoing grounds, must be commenced within 3 years
12 after receipt by the Department of a complaint alleging the
13 commission of or notice of the conviction order for any of
14 the acts described herein. Except for fraud in procuring a
15 license, no action shall be commenced more than 5 years after
16 the date of the incident or act alleged to have violated this
17 Section. The time during which the holder of the license was
18 outside the State of Illinois shall not be included within
19 any period of time limiting the commencement of disciplinary
20 action by the Department.
21 The Department may refuse to issue or may suspend the
22 license of any person who fails to file a return, or to pay
23 the tax, penalty or interest shown in a filed return, or to
24 pay any final assessment of tax, penalty or interest, as
25 required by any tax Act administered by the Illinois
26 Department of Revenue, until such time as the requirements of
27 any such tax Act are satisfied.
28 (Source: P.A. 88-65; 88-153; 88-635, eff. 1-1-95; 88-670,
29 eff. 12-2-94; 89-116, eff. 7-7-95.)
30 (225 ILCS 25/26) (from Ch. 111, par. 2326)
31 Sec. 26. Disciplinary actions.
32 (a) In case the respondent, after receiving notice,
33 fails to file an answer, his or her license may, in the
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1 discretion of the Director, having first received the
2 recommendation of the Board, be suspended, revoked, placed on
3 probationary status, or the Director may take whatever
4 disciplinary action he may deem proper, including limiting
5 the scope, nature, or extent of the person's practice or the
6 imposition of a fine, without a hearing, if the act or acts
7 charged constitute sufficient grounds for such action under
8 this Act.
9 (b) The Director may temporarily suspend the license of
10 a dentist or dental hygienist without a hearing, simultaneous
11 to the institution of proceedings for a hearing under this
12 Act, if the Director finds that evidence in his possession
13 indicates that a dentist's or dental hygienist's continuation
14 in practice would constitute an immediate danger to the
15 public. In the event that the Director temporarily suspends
16 the license of a dentist or a dental hygienist without a
17 hearing, a hearing by the Board must be held within 15 days
18 after such suspension has occurred.
19 (c) The entry of a judgment by any circuit court
20 establishing that any person holding a license under this Act
21 is a person subject to involuntary admission under the Mental
22 Health and Developmental Disabilities Code shall operate as a
23 suspension of that license. That person may resume his or her
24 practice only upon a finding by the Board that he or she has
25 been determined to be no longer subject to involuntary
26 admission by the court and upon the Board's recommendation to
27 the Director that he or she be permitted to resume his or her
28 practice.
29 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
30 (225 ILCS 25/34) (from Ch. 111, par. 2334)
31 Sec. 34. Confidential information - Disclosure. In all
32 hearings conducted under this Act, information received,
33 pursuant to law, relating to any information acquired by a
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1 dentist or dental hygienist in attending any patient in a
2 professional character, and necessary to professionally serve
3 such patient, shall be deemed strictly confidential and shall
4 only be made available, either as part of the record of a
5 hearing hereunder or otherwise: (1) when such record is
6 required, in its entirety, for purposes of judicial review
7 pursuant to this Act; or (2) upon the express, written
8 consent of the patient, or in the case of his or her death or
9 disability, his or her personal representative.
10 (Source: P.A. 84-365.)
11 (225 ILCS 25/35) (from Ch. 111, par. 2335)
12 Sec. 35. Unreasonable revocation orders. In the event
13 that the Department's order of revocation, suspension,
14 placement on probationary status, or other order of formal
15 disciplinary action is without any reasonable basis in fact
16 of any kind, then the State of Illinois shall be liable to
17 the injured dentist or dental hygienist for those special
18 damages suffered as a direct result of such order; provided,
19 however, any suit for such damages must be filed in the Court
20 of Claims.
21 (Source: P.A. 84-365.)
22 (225 ILCS 25/36) (from Ch. 111, par. 2336)
23 Sec. 36. Reports of Violations - Immunity. Any person
24 licensed under this Act, the Illinois State Dental Society,
25 Illinois Dental Hygienists Association, or any other similar
26 group or component society or member thereof, or any other
27 person, may report to the Board any information such person,
28 association or society may have which appears to show that a
29 dentist or dental hygienist is or may be in violation of any
30 of the provisions of this Act. Any such person, association,
31 or society, participating in good faith in the making of a
32 report, under the Act, shall have immunity from any
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1 liability, civil, criminal or that otherwise might result by
2 reason of such action. For the purpose of any proceedings,
3 civil or criminal, the good faith of any such person,
4 association, or society shall be presumed.
5 (Source: P.A. 85-946.)
6 (225 ILCS 25/41) (from Ch. 111, par. 2341)
7 Sec. 41. Dental Coordinator. The Department shall
8 select a dental coordinator, who shall not be a member of the
9 Board. The dental coordinator shall be a dentist. The
10 dental coordinator shall be the chief enforcement officer of
11 the disciplinary provisions of this Act.
12 The Department shall employ, in conformity with the
13 "Personnel Code", not less than one full-time investigator
14 for every 3,000 dentists and dental hygienists in the State.
15 Each investigator shall be a college graduate with at least 2
16 years' investigative experience or one year of advanced
17 dental or medical education. The Department shall employ, in
18 conformity with the "Personnel Code", such other
19 professional, technical, investigative and clerical
20 assistance on either a full or part-time basis, as the
21 Department deems necessary for the proper performance of its
22 duties. The Department shall retain and use such hearing
23 officers as it deems necessary. All employees of the
24 Department shall be directed by, and answerable to, the
25 Department, with respect to their duties and functions.
26 (Source: P.A. 84-365.)
27 (225 ILCS 25/55) (from Ch. 111, par. 2355)
28 Sec. 55. Administrative Procedure Act. The Illinois
29 Administrative Procedure Act is hereby expressly adopted and
30 incorporated herein as if all of the provisions of that Act
31 were included in this Act, except that the provision of
32 subsection (d) of Section 10-65 of the Illinois
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1 Administrative Procedure Act that provides that at hearings
2 the dentist or dental hygienist has the right to show
3 compliance with all lawful requirements for retention,
4 continuation or renewal of the license is specifically
5 excluded. For the purposes of this Act the notice required
6 under Section 10-25 of the Administrative Procedure Act is
7 deemed sufficient when mailed to the last known address of a
8 party.
9 (Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff.
10 7-7-95.)
11 (225 ILCS 25/12 rep.)
12 (225 ILCS 25/13 rep.)
13 (225 ILCS 25/14 rep.)
14 (225 ILCS 25/18 rep.)
15 (225 ILCS 25/24 rep.)
16 Section 255. The Illinois Dental Practice Act is amended
17 by repealing Sections 12, 13, 14, 18, and 24.
18 Section 999. Effective date. This Act takes effect
19 January 1, 1998.