Public Act 094-0409
Public Act 0409 94TH GENERAL ASSEMBLY
|
Public Act 094-0409 |
HB0875 Enrolled |
LRB094 06602 RAS 36694 b |
|
| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Regulatory Sunset Act is amended by changing | Section 4.16 and by adding Section 4.26 as follows:
| (5 ILCS 80/4.16)
| Sec. 4.16. Acts repealed January 1, 2006. The following | Acts are repealed January 1, 2006:
| The Respiratory Care Practice Act.
| The Hearing Instrument Consumer Protection Act.
| The Illinois Dental Practice Act.
| The Professional Geologist Licensing Act.
| The Illinois Athletic Trainers Practice Act.
| The Barber, Cosmetology, Esthetics, and Nail Technology | Act of 1985.
| The Collection Agency Act.
| The Illinois Roofing Industry Licensing Act.
| The Illinois Physical Therapy Act.
| (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | eff. 8-20-95; 89-626, eff.
8-9-96.)
| (5 ILCS 80/4.26 new) | Sec. 4.26. Act repealed on January 1, 2016. The following | Act is repealed on January 1, 2016: | The Illinois Dental Practice Act.
| Section 10. The Illinois Dental Practice Act is amended by | changing Sections 4, 7, 9, 11, 16, 16.1, 19, 24, 25, and 50 and | by adding Sections 25.1 and 54.2 as follows:
| (225 ILCS 25/4)
(from Ch. 111, par. 2304)
|
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 4. Definitions. As used in this Act:
| (a) "Department" means the Illinois Department of | Professional Regulation.
| (b) "Director" means the Director of Professional | Regulation.
| (c) "Board" means the Board of Dentistry established by | Section 6 of this
Act.
| (d) "Dentist" means a person who has received a general | license pursuant
to paragraph (a) of Section 11 of this Act and | who may perform any intraoral
and extraoral procedure required | in the practice of dentistry and to whom is
reserved the | responsibilities specified in Section 17.
| (e) "Dental hygienist" means a person who holds a license | under this Act to
perform dental services as authorized by | Section 18.
| (f) "Dental assistant" means an appropriately trained | person
who, under the supervision of a dentist, provides dental | services
as authorized by Section 17.
| (g) "Dental laboratory" means a person, firm or corporation | which:
| (i) engages in making, providing, repairing or | altering dental
prosthetic appliances and other artificial | materials and devices which are
returned to a dentist for | insertion into the human oral cavity or which
come in | contact with its adjacent structures and tissues; and
| (ii) utilizes or employs a dental technician to provide | such services; and
| (iii) performs such functions only for a dentist or | dentists.
| (h) "Supervision" means supervision of a dental hygienist | or a dental
assistant requiring that a dentist authorize the | procedure, remain in the
dental facility while the procedure is | performed, and approve the work
performed by the dental | hygienist or dental assistant before dismissal of
the patient, | but does not mean that the dentist must be present at all
times |
| in the treatment room.
| (i) "General supervision" means supervision of a dental | hygienist
requiring that the patient be a patient of record,
| that the dentist
examine the patient in accordance with Section | 18 prior to treatment by the
dental hygienist, and that the
| dentist authorize the procedures which
are being carried
out by | a notation in the patient's record, but not requiring that a | dentist
be present when the authorized
procedures are being | performed. The
issuance of a prescription to a dental | laboratory by a
dentist does not constitute general | supervision.
| (j) "Public member" means a person who is not a health | professional.
For purposes of board membership, any person with | a significant financial
interest in a health service or | profession is not a public member.
| (k) "Dentistry" means the healing art which is concerned | with the
examination, diagnosis, treatment planning and care of | conditions within
the human oral cavity and its adjacent | tissues and structures, as further
specified in Section 17.
| (l) "Branches of dentistry" means the various specialties | of dentistry
which, for purposes of this Act, shall be limited | to the following:
endodontics, oral and maxillofacial surgery, | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| periodontics, prosthodontics, and oral and maxillofacial
| radiology.
| (m) "Specialist" means a dentist who has received a | specialty license
pursuant to Section 11(b).
| (n) "Dental technician" means a person who owns, operates | or is
employed by a dental laboratory and engages in making, | providing, repairing
or altering dental prosthetic appliances | and other artificial materials and
devices which are returned | to a dentist for insertion into the human oral
cavity or which | come in contact with its adjacent structures and tissues.
| (o) "Impaired dentist" or "impaired dental hygienist" | means a dentist
or dental hygienist who is unable to practice | with
reasonable skill and safety because of a physical or |
| mental disability as
evidenced by a written determination or | written consent based on clinical
evidence, including | deterioration through the aging process, loss of motor
skills, | abuse of drugs or alcohol, or a psychiatric disorder, of | sufficient
degree to diminish the person's ability to deliver | competent patient care.
| (p) "Nurse" means a registered professional nurse, a | certified registered
nurse anesthetist licensed as an advanced | practice
nurse, or a licensed practical nurse licensed under | the Nursing and
Advanced Practice Nursing Act.
| (q) "Patient of record" means a patient for whom the | patient's most recent
dentist has obtained
a
relevant medical | and dental history and on whom the dentist has performed an
| examination and evaluated the condition to be treated.
| (r) "Dental emergency responder" means a dentist or dental | hygienist who is appropriately certified in emergency medical | response, as defined by the Department of Public Health.
| (Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02; | 93-821, eff. 7-28-04.)
| (225 ILCS 25/7) (from Ch. 111, par. 2307)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 7. Recommendations by Board of
Dentistry. The Director | shall consider the recommendations of the Board
in establishing | guidelines for professional conduct, for the conduct of
formal | disciplinary proceedings brought under this Act, and for
| establishing guidelines for qualifications of applicants. | Notice of
proposed rulemaking shall be transmitted to the Board | and the Department
shall review the response of the Board and | any recommendations made
therein. Upon the vote of at least | 7/10 of the members of the Board, the
Department shall adopt | the recommendations of the Board in any rulemaking
under this | Act. The Department may, at any time, seek the expert advice
| and knowledge of the Board on any matter relating to the | administration or
enforcement of this Act.
The action or report | in writing of a majority of the Board shall be
sufficient |
| authority upon which the Director may act.
| Whenever the Director is satisfied that substantial | justice has not been
done either in an examination or in the | revocation, suspension or refusal
to issue a license, the | Director may order a reexamination or rehearing.
| (Source: P.A. 84-1308.)
| (225 ILCS 25/9) (from Ch. 111, par. 2309)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 9. Qualifications of Applicants for Dental Licenses. | The
Department shall require that each applicant for a license | to
practice dentistry shall:
| (a) (Blank).
| (b) Be at least 21 years of age and of good moral | character.
| (c) (1) Present satisfactory evidence of completion of | dental
education by graduation from a dental college or school | in the United
States or Canada approved by the Department. The | Department shall not approve
any dental college or school which | does not require at least (A) 60 semester
hours of collegiate | credit or the equivalent in acceptable subjects from a
college | or university before admission, and (B) completion of at least | 4
academic years of instruction or the equivalent in an | approved dental college
or school before graduation; or
| (2) Present satisfactory evidence of completion of dental | education by
graduation from a dental college or school outside | the United States or
Canada and provide satisfactory evidence | that:
| (A) (blank)
the completion of a dental education | outside the United States or
Canada authorized the | applicant to practice dentistry in the country in
which he | or she completed the dental education ;
| (B) the applicant has completed a minimum of 2 academic | years of general
dental clinical training at a dental | college or school in the United States or
Canada approved | by the Department, however, an accredited advanced dental |
| education program approved by the Department of no less | than 2 years may be substituted for the 2 academic years of | general dental clinical training and
except that an | applicant who was enrolled
for not less than one year in an | approved clinical program prior to January 1,
1993 at an | Illinois dental college or school shall be required to | complete only
that program; and
| (C) the applicant has received certification from the | dean of an
approved dental college or school in the United | States or Canada or the program director of an approved | advanced dental education program stating that
the | applicant has achieved the same level of scientific | knowledge and clinical
competence as required of all | graduates of the college ,
or school , or advanced dental | education program .
| Nothing in this Act shall be construed to prevent either | the Department or
any dental college or school from | establishing higher standards than
specified in this Act.
| (d) In determining professional capacity under this | Section, any
individual who has not been actively engaged in | the practice of dentistry,
has not been a dental student, or | has not been engaged in a formal program
of dental education | during the 5 years immediately preceding the filing of an
| application may be required to complete such additional | testing, training, or
remedial education as the Board may deem | necessary in order to establish
the applicant's present | capacity to practice dentistry with reasonable
judgment, | skill, and safety.
| (e) Pass an examination authorized or given by the | Department
in the theory and practice of the science of | dentistry; provided,
that the Department (1) may recognize a | certificate granted by the National
Board of Dental Examiners | in lieu of, or subject to, such examination as
may be required | and (2) may recognize successful completion of the preclinical
| and clinical examination
examinations conducted by approved | regional testing services in
lieu of such examinations as may |
| be required. For purposes of this Section,
successful | completion shall mean that the applicant has achieved a minimum
| passing score on the regional examinations as determined by | each approved
regional testing service.
| (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; | 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. | 8-9-96.)
| (225 ILCS 25/11) (from Ch. 111, par. 2311)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 11. Types of Dental Licenses. The Department shall | have the
authority to issue the following types of licenses:
| (a) General licenses. The Department shall issue a license | authorizing
practice as a dentist to any person who qualifies | for a license under this Act.
| (b) Specialty licenses. The Department shall issue a
| license authorizing practice as a specialist in any particular
| branch of dentistry to any dentist who has complied with the
| requirements established for that particular branch of | dentistry at the
time of making application. The Department | shall establish additional
requirements of any dentist who | announces or holds himself or herself out
to the public as a | specialist or as being specially qualified in any
particular | branch of dentistry.
| No dentist shall announce or hold himself or herself out to | the public as
a specialist or as being specially qualified in | any particular branch of
dentistry unless he or she is licensed | to practice in that specialty of
dentistry.
| The fact that any dentist shall announce by card, | letterhead or any
other form of communication using terms as | "Specialist," "Practice
Limited To" or "Limited to Specialty | of" with the name of the branch of
dentistry practiced as a | specialty, or shall use equivalent words or
phrases to announce | the same, shall be prima facie evidence that the
dentist is | holding himself or herself out to the public as a specialist.
| (c) Temporary training licenses. Persons who wish to pursue
|
| specialty or other advanced clinical educational programs
in an | approved dental school or a hospital situated
in this State, or | persons who wish to pursue programs of specialty
training in | dental public health in public agencies in this State, may
| receive without examination, in the discretion of the | Department, a
temporary training license. In order to receive a | temporary
training license under this subsection, an applicant | shall furnish
satisfactory proof to the Department that:
| (1) The applicant is at least 21 years of age and is of | good moral
character. In determining moral character under | this Section, the
Department may take into consideration | any felony conviction of the
applicant, but such a | conviction shall not operate as bar to licensure;
| (2) The applicant has been accepted or appointed for | specialty or
residency training by an approved hospital | situated in this State, by an
approved dental school | situated in this State, or by a public health agency
in | this State the training programs of which are recognized | and approved by
the Department. The applicant shall | indicate the beginning and ending
dates of the period for | which he or she has been accepted or appointed;
| (3) The applicant is a graduate of a dental school or | college approved
and in good standing in the judgment of | the Department.
The Department may consider diplomas or | certifications of education, or both,
accompanied by | transcripts of course work and credits awarded to determine
| if an applicant has graduated from a dental school or | college approved and
in good standing. The Department may | also consider diplomas or
certifications of education, or | both, accompanied by transcripts of course
work and credits | awarded in determining whether a dental school or college
| is approved and in good standing.
| Temporary training licenses issued under this
Section | shall be valid only for the duration of the period of residency | or
specialty training and may be extended or renewed as | prescribed by rule.
The holder of a valid temporary training |
| license shall be entitled thereby to
perform acts as may be | prescribed by and incidental to his or her program of
residency | or specialty training; but he or she shall not be entitled to
| engage in the practice of dentistry in this State.
| A temporary training license may be revoked by the
| Department upon proof that the holder has engaged in the
| practice of dentistry in this State outside of his or her | program of residency
or specialty training, or if the holder | shall fail to supply the
Department, within 10 days of its | request, with information as to his
or her current status and | activities in his or her specialty training program.
| (d) Restricted faculty licenses.
Persons who have received | full-time appointments to
teach dentistry at an approved dental | school or hospital situated in this
State may receive without | examination, in the discretion of the Department,
a restricted | faculty license. In order to
receive a restricted faculty | license an applicant shall furnish satisfactory
proof to the | Department that:
| (1) The applicant is at least 21 years of age, is of | good moral
character and is licensed to
practice dentistry | in another state or country; and
| (2) The applicant has a full-time appointment to teach
| dentistry at an approved
dental school or hospital situated | in this State.
| Restricted faculty licenses issued under
this Section | shall be
valid for a period of 3
2 years and may be extended or
| renewed. The
holder of a valid restricted faculty license
may | perform acts as may
be required by his or her teaching of | dentistry.
In addition, the holder of a restricted faculty | license may practice general
dentistry or in his or her area of | specialty, but only in a clinic or office
affiliated with the | dental school. Any restricted faculty license issued to a
| faculty member under this Section shall terminate immediately | and
automatically,
without any further action by the | Department, if the holder ceases to be a
faculty member at an | approved dental school or hospital in this State.
|
| The Department may revoke a restricted faculty license for | a violation of
this Act or its rules, or if the holder fails to
| supply the Department, within 10 days of its request, with | information as
to his current status and activities in his | teaching program.
| (e) Inactive status. Any person who holds one of the | licenses
under subsection (a) or (b) of Section 11 or under | Section 12 of this Act may
elect, upon payment of
the required | fee, to place his or her license on an inactive status and | shall,
subject to the rules of the
Department, be excused from | the payment of renewal fees until he or she
notifies the | Department in writing of his or her desire to resume active
| status.
| Any licensee requesting restoration from inactive status | shall be
required to pay the current renewal fee and upon | payment the Department
shall be required to restore his or her | license, as provided in Section 16 of
this Act.
| Any licensee whose license is in an
inactive status shall | not practice in the State of Illinois.
| (f) Certificates of Identification. In addition to the | licenses
authorized by this Section, the Department shall | deliver to each dentist a
certificate of identification in a | form specified by the Department.
| (Source: P.A. 92-280, eff. 1-1-02.)
| (225 ILCS 25/16) (from Ch. 111, par. 2316)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 16. Expiration, renewal and restoration of licenses.
| The expiration
date and renewal date
period for each license | issued under this Act shall
be set by
rule. The renewal period | for each license issued under this Act shall be 3 years. A | dentist or dental hygienist may renew a license during the | month
preceding its expiration date by paying the required fee. | A dental hygienist
shall provide proof of current | cardiopulmonary resuscitation certification at
the time of | renewal.
|
| Any dentist or dental hygienist whose license has expired | or whose license is
on inactive status may have his license | restored at any time within 5 years
after the expiration | thereof, upon payment of the required fee and a showing of | proof of compliance with current continuing education | requirements, as provided by rule .
| Any person whose license has been expired for more than 5 | years or who has
had his license on inactive status for more | than 5 years may have his license
restored by making | application to the Department and filing proof acceptable to
| the Department of taking continuing education and of his | fitness to have the license restored, including sworn
evidence | certifying to active practice in another jurisdiction, and by | paying
the required restoration fee. A person practicing on an | expired license is
deemed to be practicing without a license. | However, a holder of a license may renew the license within 90 | days after its expiration by complying with the requirements | for renewal and payment of an additional fee. A license renewal | within 90 days after expiration shall be effective | retroactively to the expiration date.
| If a person whose license has expired or who has had his | license on inactive
status for more than 5 years has not | maintained an active practice satisfactory
to the department, | the Department shall determine, by
an evaluation process | established by rule, his or her fitness to resume
active status | and may require the person to complete a period of evaluated
| clinical experience and may require successful completion of a | practical
examination.
| However, any person whose license has
expired while he has | been engaged (1) in federal or state service active
duty, or | (2) in training or education under the supervision of the | United
States preliminary to induction into the military | service, may have his
license restored without paying any | lapsed
renewal or restoration fee, if within 2 years after | termination of such
service, training or education other than | by dishonorable discharge, he
furnishes the Department with |
| satisfactory proof that he has been so
engaged and that his | service, training or education has been so terminated.
| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 16.1. Continuing education. The Department shall | promulgate
rules of continuing education for persons licensed | under
this Act. In establishing rules, the Department shall | require a minimum of
48
32 hours of study in approved courses | for dentists during each 3-year
2 year
licensing period and a | minimum of 36
24 hours of study in approved courses for
dental | hygienists during each 3-year
2 year licensing period. These | continuing
education rules shall only apply to licenses renewed | after November 1, 1992.
| The Department shall approve only courses that are relevant | to the
treatment and care of patients, including, but not | limited to, clinical
courses in dentistry and dental hygiene | and nonclinical courses such as
patient management, legal and | ethical responsibilities, and stress
management. Courses shall | not be approved in such subjects as estate and
financial | planning, investments, or personal health. Approved courses | may
include, but shall not be limited to, courses that are | offered or sponsored
by approved colleges, universities, and | hospitals and by recognized
national, State, and local dental | and dental hygiene organizations.
| No license shall be renewed unless the
renewal application | is accompanied by an affidavit indicating that the
applicant | has completed the required minimum number of hours of | continuing
education in approved courses as required by this | Section.
The affidavit shall not require a listing of courses. | The affidavit
shall be a prima facie evidence that the | applicant has obtained the minimum
number of required | continuing education hours in approved courses. The
Department | shall not be obligated to conduct random
audits or otherwise | independently verify that an applicant has met the
continuing |
| education requirement.
The Department, however, may not | conduct random audits
of more than 10% of the licensed
dentists | and dental hygienists in any one licensing cycle
to verify | compliance
with continuing education requirements.
If the | Department, however, receives a
complaint that a licensee has | not completed the required continuing
education or if the | Department is investigating another alleged violation
of this | Act by a licensee, the Department may demand and shall be | entitled
to receive evidence from any licensee of completion of | required
continuing education courses for the most recently | completed 3-year
2 year
licensing period.
Evidence of | continuing education may include, but is not limited to, | canceled
checks, official verification forms of attendance, | and continuing education
recording forms, that demonstrate a | reasonable record of attendance. The
Illinois State Board of
| Dentistry shall determine, in accordance with rules adopted by | the
Department,
whether a licensee or applicant has met the | continuing education
requirements.
Any dentist who holds more | than one license under this
Act shall be required to complete
| only the minimum number of hours of continuing education | required for
renewal of a single license. The Department may | provide exemptions from
continuing education requirements. The | exemptions shall include, but shall
not be limited to, dentists | and dental hygienists who agree not to practice
within the | State during the licensing period because they are retired from
| practice.
| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544, | eff.
1-1-98.)
| (225 ILCS 25/19) (from Ch. 111, par. 2319)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 19. Licensing Applicants from other States. Any person | who has
been lawfully licensed to practice dentistry , including | the practice of a licensed dental specialty, or dental hygiene | in
another state or territory
which has and maintains a | standard for the practice of dentistry , a dental specialty, or |
| dental
hygiene at least equal to that now maintained in this | State, or if the
requirements for licensure in such state or | territory in which the
applicant was licensed were, at the date | of his licensure, substantially
equivalent to the requirements | then in force in this State, and who has
been lawfully engaged | in
the practice of dentistry or dental hygiene for at least 3 | of the 5 years
immediately preceding the filing of his or her | application
to practice in this State
and who shall deposit | with the Department a duly attested certificate from
the Board | of the state or territory in which he or she is licensed,
| certifying to the fact of his or her licensing and of his or | her being a
person of good moral character may, upon payment of | the required fee, be
granted a license to practice dentistry , a | dental specialty, or dental hygiene in this State, as the case | may be.
| For the purposes of this Section, in computing 3 of the | immediately
preceding 5 years of
practice in another state or | territory, any person who left the practice
of dentistry to | enter the military service and who practiced dentistry
while in | the military service may count as a part of such period the
| time spent by him in such service.
| Applicants have 3 years from the date of application to | complete the
application process. If the process has not been | completed in 3 years,
the application shall be denied, the fee | forfeited and the
applicant must reapply and meet the | requirements in effect at the time of
reapplication.
| (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| (225 ILCS 25/24) (from Ch. 111, par. 2324)
| (Section scheduled to be repealed on January 1, 2006)
| 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.
| 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. 91-520, eff. 1-1-00.)
| (225 ILCS 25/25) (from Ch. 111, par. 2325)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 25. Notice of hearing; investigations and informal
| conferences.
| (a) Upon the motion of
either the Department or the Board | or upon the verified complaint
in writing of any person setting | forth facts which
if proven would constitute grounds for | refusal, suspension or revocation
of license under this Act, | the Board shall
investigate the actions of any
person, | hereinafter called the respondent, who holds or
represents that | he
holds a license. All such motions or complaints shall be | brought to the Board.
| (b) Prior to taking an in-person statement from a dentist | or
dental hygienist who is the subject of a complaint, the | investigator shall
inform the dentist or the dental hygienist | in writing:
| (1) that the dentist or dental hygienist is the subject | of a complaint;
and
| (2) that the dentist or dental hygienist
need not | immediately proceed with the interview and may seek | appropriate
consultation prior to consenting to the | interview ; and .
| (3) that failure of the dentist or dental hygienist to | proceed with the interview shall not prohibit the | Department from conducting a visual inspection of the | facility.
| A Department investigator's failure to comply with this | subsection may not
be the sole ground for dismissal of any | order of the Department filed upon a
finding of a violation or | for dismissal of a pending investigation.
| (c) If the Department concludes on the basis of a complaint |
| or its initial
investigation that there is a possible violation | of the Act,
the
Department may:
| (1) schedule a hearing pursuant to this Act; or
| (2) request
in writing that the dentist or dental | hygienist being investigated attend an
informal
conference | with representatives of the Department.
| The request for an informal conference shall contain the | nature of the
alleged actions or
inactions that constitute the | possible violations.
| A dentist or dental hygienist shall be allowed to have | legal counsel at the
informal conference. If the informal | conference results in a consent order
between the accused | dentist or dental hygienist and the Department, the
consent | order
must be approved by the Board and the Director. However, | if the consent order would result in a fine exceeding $5,000 or | the suspension or revocation of the dentist or dental hygienist | license, the consent order must be approved by the Board and | the Director. Participation in
the informal conference by a | dentist, a dental hygienist, or the Department and
any | admissions or
stipulations made by a dentist, a dental | hygienist, or the Department at the
informal conference,
| including any agreements in a consent order that is | subsequently disapproved
by either the Board or the Director, | shall not be used against the dentist,
dental hygienist, or | Department at any subsequent hearing and shall not become
a | part of the
record of the hearing.
| (d) The Director shall, before suspending, revoking, | placing on
probationary
status, or taking any other | disciplinary action as the Director may deem
proper with regard | to any license, at least 30 days prior
to the date set for the | hearing, notify the respondent in
writing of any charges
made | and the time and place for a hearing of the charges before the | Board,
direct him or her to file his or her written answer | thereto to the Board
under oath within 20 days after the | service on him or her of such notice
and inform him or her that | if he or she fails to file such answer default
will be taken |
| against him or her and his or her license may be suspended,
| revoked, placed on probationary status,
or other disciplinary | action may be taken with regard thereto, including
limiting the | scope, nature or extent of his or her practice, as the Director
| may deem proper.
| (e) Such written notice and any notice in such proceedings | thereafter
may be
served by delivery personally to the | respondent, or by
registered or
certified mail to the address | last theretofore specified by the respondent
in his or her last | notification to the Director.
| (Source: P.A. 91-689, eff. 1-1-01.)
| (225 ILCS 25/25.1 new)
| Sec. 25.1. Subpoena powers.
| (a) The Department, upon a determination by the chairperson | of the Board that reasonable cause exists that a violation of | one or more of the grounds for discipline set forth in Section | 23 or Section 24 of this Act has occurred or is occurring, may | subpoena the dental records of individual patients of dentists | and dental hygienists licensed under this Act. | (b) Notwithstanding subsection (a) of this Section, the | Board and the Department may subpoena copies of hospital, | medical, or dental records in mandatory report cases alleging | death or permanent bodily injury when consent to obtain the | records has not been provided by a patient or a patient's legal | representative. All records and other information received | pursuant to a subpoena shall be confidential and shall be | afforded the same status as information concerning medical | studies under Part 21 of Article VIII of the Code of Civil | Procedure. The use of these records shall be restricted to | members of the Board, the dental coordinator, and appropriate | Department staff designated by the Secretary for the purpose of | determining the existence of one or more grounds for discipline | of the dentist or dental hygienist as provided for in Section | 23 or Section 24 of this Act. | (c) Any review of an individual patient's records shall be |
| conducted by the Department in strict confidentiality, | provided that the patient records shall be admissible in a | disciplinary hearing before the Secretary, the Board, or a | hearing officer designated by the Department when necessary to | substantiate the grounds for discipline alleged against the | dentist or dental hygienist licensed under this Act. | (d) The Department may provide reimbursement for fees and | mileage associated with its subpoena power in the same manner | prescribed by law for judicial procedure in a civil case. | (e) Nothing in this Section shall be deemed to supersede | the provisions of Part 21 of Article VIII of the Code of Civil | Procedure, now or hereafter amended, to the extent applicable.
| (225 ILCS 25/50) (from Ch. 111, par. 2350)
| (Section scheduled to be repealed on January 1, 2006)
| Sec. 50. Patient Records. Every dentist shall make
a record | of all dental work performed for each patient. The record shall
| be made in a manner and in sufficient detail that it may be | used for
identification purposes.
| Dental records required by this Section shall be maintained | for 10 years.
Dental records required to be maintained under | this Section, or copies
of those dental records, shall be made | available upon request to the
patient or the patient's | guardian . A dentist shall be entitled to reasonable | reimbursement for the cost of reproducing these records, which | shall not exceed the cost allowed under Section 8-2003 of the | Code of Civil Procedure , provided that the reasonable cost of
| reproducing the records has been paid by the patient or the | patient's
guardian .
| (Source: P.A. 87-576.)
| (225 ILCS 25/54.2 new)
| Sec. 54.2. Dental emergency responders. A dentist or dental | hygienist who is a dental emergency responder is deemed to be | acting within the bounds of his or her license when providing | care during a declared local, State, or national emergency.
|
| Section 99. Effective date. This Act takes effect December | 31, 2005.
|
Effective Date: 12/31/2005
|