Public Act 094-1014
 
SB2395 Enrolled LRB094 17537 RAS 52833 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Dental Practice Act is amended by
changing Sections 5, 23, and 48 and by adding Section 19.1 as
follows:
 
    (225 ILCS 25/5)  (from Ch. 111, par. 2305)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 5. Powers and duties of Department. Subject to the
provisions of this Act, the Department shall exercise the
following functions, powers and duties:
    (a) Conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for dental licenses or
dental hygienist licenses, pass upon the qualifications of
applicants for licenses, and issue licenses to such as are
found to be fit and qualified.
    (b) Prescribe rules and regulations for a method of
examination of candidates.
    (c) Prescribe rules and regulations defining what shall
constitute an approved program, school, college or department
of a university except that no program, school, college or
department of a university that refuses admittance to
applicants solely on account of race, color, creed, sex or
national origin shall be approved.
    (d) Conduct hearings on proceedings to revoke, suspend, or
on objection to the issuance of licenses and to revoke, suspend
or refuse to issue such licenses.
    (e) Promulgate rules and regulations required for the
administration of this Act.
    (f) The Department may require completion of a census by
all licensed dentists in order to obtain relevant information
regarding the availability of dental services within the State.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
    (225 ILCS 25/19.1 new)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 19.1. Temporary authorization of applicants from
other jurisdictions. A person holding an active, unencumbered
license in good standing in another jurisdiction who applies
for a license pursuant to Section 19 of this Act due to a
natural disaster or catastrophic event in another
jurisdiction, may be temporarily authorized by the Secretary to
practice dentistry or dental hygiene under the supervision of a
dentist licensed under this Act, pending the issuance of the
license. This temporary authorization shall expire upon
issuance of the license or upon notification that the
Department has denied licensure.
    The Department may adopt all rules necessary for the
administration of this Section.
 
    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 per violation, with
regard to any license for any one or any combination of the
following causes:
    1. Fraud in procuring the license.
    2. Habitual intoxication or addiction to the use of drugs.
    3. Willful Wilful or repeated violations of the rules of
the Department of Public Health or Department of Nuclear
Safety.
    4. Acceptance of a fee for service as a witness, without
the knowledge of the court, in addition to the fee allowed by
the court.
    5. Division of fees or agreeing to split or divide the fees
received for dental services with any person for bringing or
referring a patient, except in regard to referral services as
provided for under Section 45, or assisting in the care or
treatment of a patient, without the knowledge of the patient or
his legal representative.
    6. Employing, procuring, inducing, aiding or abetting a
person not licensed or registered as a dentist to engage in the
practice of dentistry. The person practiced upon is not an
accomplice, employer, procurer, inducer, aider, or abetter
within the meaning of this Act.
    7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce dental
patronage.
    8. Professional connection or association with or lending
his name to another for the illegal practice of dentistry by
another, or professional connection or association with any
person, firm or corporation holding himself, herself,
themselves, or itself out in any manner contrary to this Act.
    9. Obtaining or seeking to obtain practice, money, or any
other things of value by false or fraudulent representations,
but not limited to, engaging in such fraudulent practice to
defraud the medical assistance program of the Department of
Healthcare and Family Services (formerly Department of Public
Aid).
    10. Practicing under a name other than his or her own.
    11. Engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the
public.
    12. Conviction in this or another State of any crime which
is a felony under the laws of this State or conviction of a
felony in a federal court, conviction of a misdemeanor, an
essential element of which is dishonesty, or conviction of any
crime which is directly related to the practice of dentistry or
dental hygiene.
    13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
    14. Permitting more than 4 dental hygienists to be employed
under his supervision at any one time.
    15. A violation of any provision of this Act or any rules
promulgated under this Act.
    16. Taking impressions for or using the services of any
person, firm or corporation violating this Act.
    17. Violating any provision of Section 45 relating to
advertising.
    18. Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline is
the same or substantially equivalent to those set forth within
this Act.
    19. Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and Neglected
Child Reporting Act.
    20. Gross or repeated malpractice resulting in injury or
death of a patient.
    21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in the
Illinois Controlled Substances Act, in any way other than for
therapeutic purposes.
    22. Willfully making or filing false records or reports in
his practice as a dentist, including, but not limited to, false
records to support claims against the dental assistance program
of the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid).
    23. Professional incompetence as manifested by poor
standards of care.
    24. Physical or mental illness, including, but not limited
to, deterioration through the aging process, or loss of motor
skills which results in a dentist's inability to practice
dentistry with reasonable judgment, skill or safety. In
enforcing this paragraph, the Department may compel a person
licensed to practice under this Act to submit to a mental or
physical examination pursuant to the terms and conditions of
Section 23b.
    25. Repeated irregularities in billing a third party for
services rendered to a patient. For purposes of this paragraph
25, "irregularities in billing" shall include:
        (a) Reporting excessive charges for the purpose of
    obtaining a total payment in excess of that usually
    received by the dentist for the services rendered.
        (b) Reporting charges for services not rendered.
        (c) Incorrectly reporting services rendered for the
    purpose of obtaining payment not earned.
    26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or contagious
disease proscribed by rule or regulation of the Department.
    27. Being named as a perpetrator in an indicated report by
the Department of Children and Family Services pursuant to the
Abused and Neglected Child Reporting Act, and upon proof by
clear and convincing evidence that the licensee has caused a
child to be an abused child or neglected child as defined in
the Abused and Neglected Child Reporting Act.
    28. Violating the Health Care Worker Self-Referral Act.
    29. Abandonment of a patient.
    30. Mental incompetency as declared by a court of competent
jurisdiction.
    All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 3 years after
receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein. Except for fraud in procuring a license,
no action shall be commenced more than 5 years after the date
of the incident or act alleged to have violated this Section.
The time during which the holder of the license was outside the
State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the
Department.
    The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01;
revised 12-15-05.)
 
    (225 ILCS 25/48)  (from Ch. 111, par. 2348)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 48. Manufacture of dentures, bridges or replacements
for dentists; prescriptions; order; penalties.
    (a) Any dentist who employs or engages the services of any
dental laboratory to construct or repair, extraorally,
prosthetic dentures, bridges, or other replacements for a part
of a tooth, a tooth, or teeth, or who directs a dental
laboratory to participate in shade selection for a prosthetic
appliance, shall furnish such dental laboratory with a written
prescription on forms prescribed by the Department which shall
contain:
        (1) The name and address of the dental laboratory to
    which the prescription is directed.
        (2) The patient's name or identification number. If a
    number is used, the patient's name shall be written upon
    the duplicate copy of the prescription retained by the
    dentist.
        (3) The date on which the prescription was written.
        (4) A description of the work to be done, including
    diagrams if necessary.
        (5) A specification of the type and quality of
    materials to be used.
        (6) The signature of the dentist and the number of his
    or her license to practice dentistry.
    (b) The dental laboratory receiving a prescription from a
dentist shall retain the original prescription and the dentist
shall retain a duplicate copy thereof for inspection at any
reasonable time by the Department or its duly authorized
agents, for a period of 3 years in both cases.
    (c) If the dental laboratory receiving a written
prescription from a dentist engages another dental laboratory
(hereinafter referred to as "subcontractor") to perform some of
the services relative to such prescription, it shall furnish a
written order with respect thereto on forms prescribed by the
Department which shall contain:
        (1) The name and address of the subcontractor.
        (2) A number identifying the order with the original
    prescription, which number shall be endorsed on the
    prescription received from the dentist.
        (3) The date on which the order was written.
        (4) A description of the work to be done by the
    subcontractor, including diagrams if necessary.
        (5) A specification of the type and quality of
    materials to be used.
        (6) The signature of an agent of the dental laboratory
    issuing the order. The subcontractor shall retain the order
    and the issuer thereof shall retain a duplicate copy,
    attached to the prescription received from the dentist, for
    inspection by the Department or its duly authorized agents,
    for a period of 3 years in both cases.
        (7) A copy of the order to the subcontractor shall be
    furnished to the dentist.
    (c-5) Regardless of whether the dental laboratory
manufactures the dental appliance or has it manufactured by a
subcontractor, the laboratory shall provide to the prescribing
dentist the (i) location where the work was done and (ii)
source and original location where the materials were obtained.
    (d) Any dentist who:
        (1) employs or engages the services of any dental
    laboratory to construct or repair, extraorally, prosthetic
    dentures, bridges, or other dental appliances without
    first providing such dental laboratory with a written
    prescription;
        (2) fails to retain a duplicate copy of the
    prescription for 3 years; or
        (3) refuses to allow the Department or its duly
    authorized agents to inspect his or her files of
    prescriptions;
is guilty of a Class A misdemeanor and the Department may
revoke or suspend his or her license therefor.
    (e) Any dental laboratory which:
        (1) furnishes such services to any dentist without
    first obtaining a written prescription therefor from such
    dentist;
        (2) acting as a subcontractor as described in (c)
    above, furnishes such services to any dental laboratory
    without first obtaining a written order from such dental
    laboratory;
        (3) fails to retain the original prescription or order,
    as the case may be, for 3 years; or
        (4) refuses to allow the Department or its duly
    authorized agents to inspect its files of prescriptions or
    orders; or
        (5) fails to provide any information required under
    this Section to the prescribing dentist;
is guilty of a Class A misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.