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91_SB0287
LRB9102305ACtm
1 AN ACT to amend the Illinois Dental Practice Act by
2 changing Sections 24, 37, and 44 and adding Section 38.1.
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 Sections 24, 37, and 44 and adding Section 38.1
7 as follows:
8 (225 ILCS 25/24) (from Ch. 111, par. 2324)
9 Sec. 24. Refusal, Suspension or Revocation of Dental
10 Hygienist License. The Department may refuse to issue or
11 renew, may revoke, suspend, place on probation, reprimand or
12 take other disciplinary action as the Department may deem
13 proper, including fines not to exceed $2,500 per violation,
14 with regard to any dental hygienist license for any one or
15 any combination of the following causes:
16 1. Fraud in procuring 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 wilful violation of, or the wilful procuring of,
21 or knowingly assisting in the violation of, any Act which is
22 now or which hereafter may be in force in this State relating
23 to the use of habit-forming drugs.
24 5. The obtaining of, or an attempt to obtain a license,
25 or practice in the profession, or money, or any other thing
26 of value by fraudulent representation.
27 6. Gross negligence in performing the operative
28 procedure of dental hygiene.
29 7. Active practice of dental hygiene while knowingly
30 having any infectious, communicable, or contagious disease
31 proscribed by rule or regulation of the Department.
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1 8. Habitual intoxication or addiction to the use of
2 habit-forming drugs.
3 9. Conviction in this or another state of any crime
4 which is a felony under the laws of this State or conviction
5 of a felony in a federal court, if the Department determines,
6 after investigation, that such person has not been
7 sufficiently rehabilitated to warrant the public trust.
8 10. Aiding or abetting the unlicensed practice of
9 dentistry or dental hygiene.
10 11. Discipline by another U.S. jurisdiction or a foreign
11 nation, if at least one of the grounds for the discipline is
12 the same or substantially equivalent to those set forth in
13 this Act.
14 12. Violating the Health Care Worker Self-Referral Act.
15 13. Violating the prohibitions of Section 38.1 of this
16 Act.
17 The provisions of this Act relating to proceedings for
18 the suspension and revocation of a license to practice
19 dentistry shall apply to proceedings for the suspension or
20 revocation of a license as a dental hygienist.
21 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
22 (225 ILCS 25/37) (from Ch. 111, par. 2337)
23 Sec. 37. Unlicensed practice; injunctions. The practice
24 of dentistry by any person not holding a valid and current
25 license under this Act is declared to be inimical to the
26 public welfare, to constitute a public nuisance, and to cause
27 irreparable harm to the public welfare.
28 A person is considered to practice dentistry who:
29 (1) employs a dentist, dental hygienist, or other
30 entity which can provide dental services under this Act;
31 (2) directs or controls the use of any dental
32 equipment or material while such equipment or material is
33 being used for the provision of dental services;
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1 (3) directs, controls or interferes with a
2 dentist's or dental hygienist's clinical judgement,
3 directly or indirectly; or
4 (4) exercises direction or control, by written
5 contract, license, or otherwise, over a dentist, dental
6 hygienist, or other entity which can provide dental
7 services under this Act in the selection of a course of
8 treatment; patient records; policies and decisions
9 relating to pricing, credit, refunds, warranties, and
10 advertising; and decisions relating to office personnel
11 and hours of practice.
12 The purpose of this Section is to prevent a non-dentist
13 from influencing or otherwise interfering with the exercise
14 of independent professional judgment by a dentist, dental
15 hygienist, or other entity which can provide dental services
16 under this Act.
17 The Director, the Attorney General, the State's attorney
18 of any county in the State, or any person may maintain an
19 action in the name of the People of the State of Illinois,
20 and may apply for injunctive relief in any circuit court to
21 enjoin such person from engaging in such practice; and upon
22 the filing of a verified petition in such court, the court if
23 satisfied by affidavit, or otherwise, that such person has
24 been engaged in such practice without a valid and current
25 license so to do, may enter a temporary restraining order
26 without notice or bond, enjoining the defendant from such
27 further practice. Only the showing of non-licensure, by
28 affidavit or otherwise, is necessary in order for a temporary
29 injunction to issue. A copy of the verified complaint shall
30 be served upon the defendant and the proceedings shall
31 thereafter be conducted as in other civil cases except as
32 modified by this Section. If it is established that the
33 defendant has been, or is engaged in such unlawful practice,
34 the court may enter an order or judgment perpetually
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1 enjoining the defendant from further such practice. In all
2 proceedings hereunder the court, in its discretion, may
3 apportion the costs among the parties interested in the
4 action, including cost of filing the complaint, service of
5 process, witness fees and expenses, court reporter charges
6 and reasonable attorneys' fees. In case of violation of any
7 injunctive order entered under the provisions of this
8 Section, the court may summarily try and punish the offender
9 for contempt of court. Such injunction proceedings shall be
10 in addition to, and not in lieu of, all penalties and other
11 remedies provided in this Act.
12 (Source: P.A. 84-1308.)
13 (225 ILCS 25/38.1)
14 Sec. 38.1. Prohibition against interference by
15 non-dentists. The purpose of this Section is to ensure that
16 each dentist or dental hygienist practicing in this State
17 meets minimum requirements for safe practice without clinical
18 interference by persons not licensed under this Act. It is
19 the legislative intent that dental services be provided only
20 in accordance with the provisions of this Act and not be
21 delegated to unlicensed persons.
22 Unless otherwise authorized by this Act, a dentist or
23 dental hygienist is prohibited from providing dental services
24 in this State, if the dentist or dental hygienist:
25 (1) is employed by any person other than a dentist
26 to provide dental services; or
27 (2) allows any person other than another dentist to
28 direct, control, or interfere with the dentist's or
29 dental hygienist's clinical judgment. Clinical judgment
30 shall include but not be limited to such matters as
31 selection of a course of treatment, control of patient
32 records, policies and decisions relating to pricing,
33 credit, refunds, warranties, and advertising, and
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1 decisions relating to office personnel and hours of
2 practice. This paragraph shall not be construed to limit
3 a patient's right of informed consent.
4 (225 ILCS 25/44) (from Ch. 111, par. 2344)
5 Sec. 44. Practice by Corporations Prohibited.
6 Exceptions. No corporation shall practice dentistry or
7 engage therein, or hold itself out as being entitled to
8 practice dentistry, or furnish dental services or dentists,
9 or advertise under or assume the title of dentist or dental
10 surgeon or equivalent title, or furnish dental advice for any
11 compensation, or advertise or hold itself out with any other
12 person or alone, that it has or owns a dental office or can
13 furnish dental service or dentists, or solicit through
14 itself, or its agents, officers, employees, directors or
15 trustees, dental patronage for any dentist employed by any
16 corporation.
17 Nothing contained in this Act, however, shall:
18 (a) prohibit a corporation from employing a dentist
19 or dentists to render dental services to its employees,
20 provided that such dental services shall be rendered at
21 no cost or charge to the employees;
22 (b) prohibit a corporation or association from
23 providing dental services upon a wholly charitable basis
24 to deserving recipients;
25 (c) prohibit a corporation or association from
26 furnishing information or clerical services which can be
27 furnished by persons not licensed to practice dentistry,
28 to any dentist when such dentist assumes full
29 responsibility for such information or services;
30 (d) prohibit dental corporations as authorized by
31 the Professional Service Corporation Act, dental
32 associations as authorized by the Professional
33 Association Act, or dental limited liability companies as
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1 authorized by the Limited Liability Company Act;
2 (e) prohibit dental limited liability partnerships
3 as authorized by the Uniform Partnership Act; or .
4 (f) prohibit hospitals, public health clinics,
5 federally-qualified health centers, or other entities
6 specified by rule of the Department from providing dental
7 services.
8 Any corporation violating the provisions of this Section
9 is guilty of a Class A misdemeanor and each day that this Act
10 is violated shall be considered a separate offense.
11 (Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)