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91_SB0287ham002
LRB9102305ACtmam04
1 AMENDMENT TO SENATE BILL 287
2 AMENDMENT NO. . Amend Senate Bill 287, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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
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1 to the use of habit-forming drugs.
2 5. The obtaining of, or an attempt to obtain a license,
3 or practice in the profession, or money, or any other thing
4 of value by fraudulent representation.
5 6. Gross negligence in performing the operative
6 procedure of dental hygiene.
7 7. Active practice of dental hygiene while knowingly
8 having any infectious, communicable, or contagious disease
9 proscribed by rule or regulation of the Department.
10 8. Habitual intoxication or addiction to the use of
11 habit-forming drugs.
12 9. Conviction in this or another state of any crime
13 which is a felony under the laws of this State or conviction
14 of a felony in a federal court, if the Department determines,
15 after investigation, that such person has not been
16 sufficiently rehabilitated to warrant the public trust.
17 10. Aiding or abetting the unlicensed practice of
18 dentistry or dental hygiene.
19 11. Discipline by another U.S. jurisdiction or a foreign
20 nation, if at least one of the grounds for the discipline is
21 the same or substantially equivalent to those set forth in
22 this Act.
23 12. Violating the Health Care Worker Self-Referral Act.
24 13. Violating the prohibitions of Section 38.1 of this
25 Act.
26 The provisions of this Act relating to proceedings for
27 the suspension and revocation of a license to practice
28 dentistry shall apply to proceedings for the suspension or
29 revocation of a license as a dental hygienist.
30 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
31 (225 ILCS 25/37) (from Ch. 111, par. 2337)
32 Sec. 37. Unlicensed practice; injunctions. The practice
33 of dentistry by any person not holding a valid and current
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1 license under this Act is declared to be inimical to the
2 public welfare, to constitute a public nuisance, and to cause
3 irreparable harm to the public welfare.
4 A person is considered to practice dentistry who:
5 (1) employs a dentist, dental hygienist, or other
6 entity which can provide dental services under this Act;
7 (2) directs or controls the use of any dental
8 equipment or material while such equipment or material is
9 being used for the provision of dental services, provided
10 that this provision shall not be construed to prohibit a
11 person from obtaining professional advice or assistance
12 in obtaining or from leasing the equipment or material,
13 provided the advice, assistance, or lease does not
14 restrict or interfere with the custody, control, or use
15 of the equipment or material by the person;
16 (3) directs, controls or interferes with a
17 dentist's or dental hygienist's clinical judgment; or
18 (4) exercises direction or control, by written
19 contract, license, or otherwise, over a dentist, dental
20 hygienist, or other entity which can provide dental
21 services under this Act in the selection of a course of
22 treatment; limitation of patient referrals; content of
23 patient records; policies and decisions relating to
24 refunds (if the refund payment would be reportable under
25 federal law to the National Practitioner Data Bank) and
26 warranties and the clinical content of advertising; and
27 final decisions relating to employment of dental
28 assistants and dental hygienists. Nothing in this Act
29 shall, however, be construed as prohibiting the seeking
30 or giving of advice or assistance with respect to these
31 matters.
32 The purpose of this Section is to prevent a non-dentist
33 from influencing or otherwise interfering with the exercise
34 of independent professional judgment by a dentist, dental
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1 hygienist, or other entity which can provide dental services
2 under this Act. Nothing in this Section shall be construed
3 to prohibit insurers and managed care plans from operating
4 pursuant to the applicable provisions of the Illinois
5 Insurance Code under which the entities are licensed.
6 The Director, the Attorney General, the State's attorney
7 of any county in the State, or any person may maintain an
8 action in the name of the People of the State of Illinois,
9 and may apply for injunctive relief in any circuit court to
10 enjoin such person from engaging in such practice; and upon
11 the filing of a verified petition in such court, the court if
12 satisfied by affidavit, or otherwise, that such person has
13 been engaged in such practice without a valid and current
14 license so to do, may enter a temporary restraining order
15 without notice or bond, enjoining the defendant from such
16 further practice. Only the showing of non-licensure, by
17 affidavit or otherwise, is necessary in order for a temporary
18 injunction to issue. A copy of the verified complaint shall
19 be served upon the defendant and the proceedings shall
20 thereafter be conducted as in other civil cases except as
21 modified by this Section. If it is established that the
22 defendant has been, or is engaged in such unlawful practice,
23 the court may enter an order or judgment perpetually
24 enjoining the defendant from further such practice. In all
25 proceedings hereunder the court, in its discretion, may
26 apportion the costs among the parties interested in the
27 action, including cost of filing the complaint, service of
28 process, witness fees and expenses, court reporter charges
29 and reasonable attorneys' fees. In case of violation of any
30 injunctive order entered under the provisions of this
31 Section, the court may summarily try and punish the offender
32 for contempt of court. Such injunction proceedings shall be
33 in addition to, and not in lieu of, all penalties and other
34 remedies provided in this Act.
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1 (Source: P.A. 84-1308.)
2 (225 ILCS 25/38.1 new)
3 Sec. 38.1. Prohibition against interference by
4 non-dentists. The purpose of this Section is to ensure that
5 each dentist or dental hygienist practicing in this State
6 meets minimum requirements for safe practice without clinical
7 interference by persons not licensed under this Act. It is
8 the legislative intent that dental services be provided only
9 in accordance with the provisions of this Act and not be
10 delegated to unlicensed persons.
11 Unless otherwise authorized by this Act, a dentist or
12 dental hygienist is prohibited from providing dental services
13 in this State, if the dentist or dental hygienist:
14 (1) is employed by any person other than a dentist
15 to provide dental services; or
16 (2) allows any person other than another dentist to
17 direct, control, or interfere with the dentist's or
18 dental hygienist's clinical judgment. Clinical judgment
19 shall include but not be limited to such matters as the
20 dentist's or dental hygienist's selection of a course of
21 treatment, limitation of patient referrals, content of
22 patient records, policies and decisions relating to
23 refunds (if the refund payment would be reportable under
24 federal law to the National Practitioner Data Bank) and
25 warranties and the clinical content of advertising, and
26 final decisions relating to employment of dental
27 assistants and dental hygienists. This paragraph shall
28 not be construed to limit a patient's right of informed
29 consent.
30 (225 ILCS 25/44) (from Ch. 111, par. 2344)
31 Sec. 44. Practice by Corporations Prohibited.
32 Exceptions. No corporation shall practice dentistry or
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1 engage therein, or hold itself out as being entitled to
2 practice dentistry, or furnish dental services or dentists,
3 or advertise under or assume the title of dentist or dental
4 surgeon or equivalent title, or furnish dental advice for any
5 compensation, or advertise or hold itself out with any other
6 person or alone, that it has or owns a dental office or can
7 furnish dental service or dentists, or solicit through
8 itself, or its agents, officers, employees, directors or
9 trustees, dental patronage for any dentist employed by any
10 corporation.
11 Nothing contained in this Act, however, shall:
12 (a) prohibit a corporation from employing a dentist
13 or dentists to render dental services to its employees,
14 provided that such dental services shall be rendered at
15 no cost or charge to the employees;
16 (b) prohibit a corporation or association from
17 providing dental services upon a wholly charitable basis
18 to deserving recipients;
19 (c) prohibit a corporation or association from
20 furnishing information or clerical services which can be
21 furnished by persons not licensed to practice dentistry,
22 to any dentist when such dentist assumes full
23 responsibility for such information or services;
24 (d) prohibit dental corporations as authorized by
25 the Professional Service Corporation Act, dental
26 associations as authorized by the Professional
27 Association Act, or dental limited liability companies as
28 authorized by the Limited Liability Company Act;
29 (e) prohibit dental limited liability partnerships
30 as authorized by the Uniform Partnership Act;.
31 (f) prohibit hospitals, public health clinics,
32 federally qualified health centers, or other entities
33 specified by rule of the Department from providing dental
34 services; or
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1 (g) prohibit dental management service
2 organizations from providing non-clinical business
3 services that do not violate the provisions of this Act.
4 Any corporation violating the provisions of this Section
5 is guilty of a Class A misdemeanor and each day that this Act
6 is violated shall be considered a separate offense.
7 (Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)".