Public Act 097-0102
 
HB0274 EnrolledLRB097 02702 CEL 42721 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 23 and 24 as follows:
 
    (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    (Section scheduled to be repealed on January 1, 2016)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 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.
        31. A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
    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. 94-1014, eff. 7-7-06.)
 
    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 24. Refusal, Suspension or Revocation of Dental
Hygienist License. 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 $2,500 per violation, with regard
to any dental hygienist license for any one or any combination
of the following causes:
        1. Fraud in procuring license.
        2. Performing any operation not authorized by this Act.
        3. Practicing dental hygiene other than under the
    supervision of a licensed dentist as provided by this Act.
        4. The wilful violation of, or the wilful procuring of,
    or knowingly assisting in the violation of, any Act which
    is now or which hereafter may be in force in this State
    relating to the use of habit-forming drugs.
        5. The obtaining of, or an attempt to obtain a license,
    or practice in the profession, or money, or any other thing
    of value by fraudulent representation.
        6. Gross negligence in performing the operative
    procedure of dental hygiene.
        7. Active practice of dental hygiene while knowingly
    having any infectious, communicable, or contagious disease
    proscribed by rule or regulation of the Department.
        8. Habitual intoxication or addiction to the use of
    habit-forming drugs.
        9. 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, if the
    Department determines, after investigation, that such
    person has not been sufficiently rehabilitated to warrant
    the public trust.
        10. Aiding or abetting the unlicensed practice of
    dentistry or dental hygiene.
        11. Discipline by another U.S. jurisdiction or a
    foreign nation, if at least one of the grounds for the
    discipline is the same or substantially equivalent to those
    set forth in this Act.
        12. Violating the Health Care Worker Self-Referral
    Act.
        13. Violating the prohibitions of Section 38.1 of this
    Act.
        14. Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        15. A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
    The provisions of this Act relating to proceedings for the
suspension and revocation of a license to practice dentistry
shall apply to proceedings for the suspension or revocation of
a license as a dental hygienist.
(Source: P.A. 94-409, eff. 12-31-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.