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| [ House Amendment 002 ] |
91_SB0287eng SB287 Engrossed 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. SB287 Engrossed -2- LRB9102305ACtm 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; SB287 Engrossed -3- LRB9102305ACtm 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 SB287 Engrossed -4- LRB9102305ACtm 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 new) 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 SB287 Engrossed -5- LRB9102305ACtm 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 SB287 Engrossed -6- LRB9102305ACtm 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.)