Illinois General Assembly - Full Text of Public Act 094-1028
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Public Act 094-1028


 

Public Act 1028 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1028
 
SB0279 Enrolled LRB094 07052 RAS 37196 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 37 and 38.1 and by adding Section 38.2 as
follows:
 
    (225 ILCS 25/37)  (from Ch. 111, par. 2337)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 37. Unlicensed practice; injunctions. The practice of
dentistry by any person not holding a valid and current license
under this Act is declared to be inimical to the public
welfare, to constitute a public nuisance, and to cause
irreparable harm to the public welfare.
    A person is considered to practice dentistry who:
        (1) employs a dentist, dental hygienist, or other
    entity which can provide dental services under this Act;
        (2) directs or controls the use of any dental equipment
    or material while such equipment or material is being used
    for the provision of dental services, provided that this
    provision shall not be construed to prohibit a person from
    obtaining professional advice or assistance in obtaining
    or from leasing the equipment or material, provided the
    advice, assistance, or lease does not restrict or interfere
    with the custody, control, or use of the equipment or
    material by the person;
        (3) directs, controls or interferes with a dentist's or
    dental hygienist's clinical judgment; or
        (4) exercises direction or control, by written
    contract, license, or otherwise, over a dentist, dental
    hygienist, or other entity which can provide dental
    services under this Act in the selection of a course of
    treatment; limitation of patient referrals; content of
    patient records; policies and decisions relating to
    refunds (if the refund payment would be reportable under
    federal law to the National Practitioner Data Bank) and
    warranties and the clinical content of advertising; and
    final decisions relating to employment of dental
    assistants and dental hygienists. Nothing in this Act
    shall, however, be construed as prohibiting the seeking or
    giving of advice or assistance with respect to these
    matters.
    The purpose of this Section is to prevent a non-dentist
from influencing or otherwise interfering with the exercise of
independent professional judgment by a dentist, dental
hygienist, or other entity which can provide dental services
under this Act. Nothing in this Section shall be construed to
prohibit insurers and managed care plans from operating
pursuant to the applicable provisions of the Illinois Insurance
Code under which the entities are licensed.
    The Director, the Attorney General, the State's attorney of
any county in the State, or any person may maintain an action
in the name of the People of the State of Illinois, and may
apply for injunctive relief in any circuit court to enjoin such
person from engaging in such practice; and upon the filing of a
verified petition in such court, the court if satisfied by
affidavit, or otherwise, that such person has been engaged in
such practice without a valid and current license so to do, may
enter a temporary restraining order without notice or bond,
enjoining the defendant from such further practice. Only the
showing of non-licensure, by affidavit or otherwise, is
necessary in order for a temporary injunction to issue. A copy
of the verified complaint shall be served upon the defendant
and the proceedings shall thereafter be conducted as in other
civil cases except as modified by this Section. If it is
established that the defendant has been, or is engaged in such
unlawful practice, the court may enter an order or judgment
perpetually enjoining the defendant from further such
practice. In all proceedings hereunder the court, in its
discretion, may apportion the costs among the parties
interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses, court
reporter charges and reasonable attorneys' fees. In case of
violation of any injunctive order entered under the provisions
of this Section, the court may summarily try and punish the
offender for contempt of court. Such injunction proceedings
shall be in addition to, and not in lieu of, all penalties and
other remedies provided in this Act.
    This Section does not apply to an executor, administrator,
guardian, or authorized representative contracting with
another dentist or dentists to continue the operations of a
deceased or incapacitated dentist's practice under Section
38.2 of this Act.
(Source: P.A. 91-520, eff. 1-1-00.)
 
    (225 ILCS 25/38.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 38.1. Prohibition against interference by
non-dentists. The purpose of this Section is to ensure that
each dentist or dental hygienist practicing in this State meets
minimum requirements for safe practice without clinical
interference by persons not licensed under this Act. It is the
legislative intent that dental services be provided only in
accordance with the provisions of this Act and not be delegated
to unlicensed persons.
    Unless otherwise authorized by this Act, a dentist or
dental hygienist is prohibited from providing dental services
in this State, if the dentist or dental hygienist:
        (1) is employed by any person other than a dentist to
    provide dental services, except as set forth in Section
    38.2 of this Act; or
        (2) allows any person other than another dentist to
    direct, control, or interfere with the dentist's or dental
    hygienist's clinical judgment. Clinical judgment shall
    include but not be limited to such matters as the dentist's
    or dental hygienist's selection of a course of treatment,
    limitation of patient referrals, content of patient
    records, policies and decisions relating to refunds (if the
    refund payment would be reportable under federal law to the
    National Practitioner Data Bank) and warranties and the
    clinical content of advertising, and final decisions
    relating to employment of dental assistants and dental
    hygienists. This paragraph shall not be construed to limit
    a patient's right of informed consent. An executor,
    administrator, guardian, or authorized representative
    contracting with another dentist or dentists to continue
    the operations of a deceased or incapacitated dentist's
    practice under Section 38.2 of this Act who violates this
    paragraph (2) is subject to the civil penalties set forth
    in Section 8.5 of this Act.
(Source: P.A. 91-520, eff. 1-1-00.)
 
    (225 ILCS 25/38.2 new)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 38.2. Death or incapacitation of dentist.
    (a) The executor or administrator of a dentist's estate or
the legal guardian or authorized representative of a dentist
who has become incapacitated may contract with another dentist
or dentists to continue the operations of the deceased or
incapacitated dentist's practice (if the practice of the
deceased or incapacitated dentist is a sole proprietorship, a
corporation where the deceased or incapacitated dentist is the
sole shareholder, or a limited liability company where the
deceased or incapacitated dentist is the sole member) for a
period of no more than one year from the time of death or
incapacitation of the dentist or until the practice is sold,
whichever occurs first, if all the following conditions are
met:
        (1) The executor, administrator, guardian, or
    authorized representative executes and files with the
    Department a notification of death or incapacitation on a
    form provided by the Department, which notification shall
    include the following:
            (A) the name and license number of the deceased or
        incapacitated dentist;
            (B) the name and address of the dental practice;
            (C) the name, address, and tax identification
        number of the estate;
            (D) the name and license number of each dentist who
        will operate the dental practice; and
            (E) an affirmation, under penalty of perjury, that
        the information provided is true and correct and that
        the executor, administrator, guardian, or authorized
        representative understands that any interference by
        the executor, administrator, guardian, or authorized
        representative or any agent or assignee of the
        executor, administrator, guardian, or authorized
        representative with the contracting dentist's or
        dentists' practice of dentistry or professional
        judgment or any other violation of this Section is
        grounds for an immediate termination of the operations
        of the dental practice.
        (2) Within 30 days after the death or incapacitation of
    a dentist, the executor, administrator, guardian, or
    authorized representative shall send notification of the
    death or incapacitation by mail to the last known address
    of each patient of record that has seen the deceased or
    incapacitated dentist within the previous 12 months, with
    an explanation of how copies of the practitioner's records
    may be obtained. This notice may also contain any other
    relevant information concerning the continuation of the
    dental practice.
    Continuation of the operations of the dental practice of a
deceased or incapacitated dentist shall not begin until the
provisions of this subsection (a) have been met.
    (b) The Secretary may terminate the operations of a dental
practice operating pursuant to this Section if the Department
has evidence of a violation of this Section or Section 23 or 24
of this Act. The Secretary must conduct a hearing before
terminating the operations of a dental practice operating
pursuant to this Section. At least 15 days before the hearing
date, the Department (i) must notify, in writing, the executor,
administrator, guardian, or authorized representative at the
address provided, pursuant to item (C) of subdivision (1) of
subsection (a) of this Section, and to the contracting dentist
or dentists at the address of the dental practice provided
pursuant to item (B) of subdivision (1) of subsection (a) of
this Section, of any charges made and of the time and place of
the hearing on the charges before the Secretary or hearing
officer, as provided in Section 30 of this Act, (ii) direct the
executor, administrator, guardian, or authorized
representative to file his or her written answer to such
charges with the Secretary under oath within 10 days after the
service on the executor, administrator, guardian, or
authorized representative of the notice, and (iii) inform the
executor, administrator, guardian, or authorized
representative that if he or she fails to file such answer, a
default judgment will be entered against him or her and the
operations of the dental practice shall be terminated.
    (c) If the Secretary finds that evidence in his or her
possession indicates that a violation of this Section or
Section 23 or 24 of this Act constitutes an immediate threat to
the public health, safety, or welfare, the Secretary may
immediately terminate the operations of the dental practice
without a hearing. Upon service by certified mail to the
executor, administrator, guardian, or authorized
representative, at the address provided pursuant to item (C) of
subdivision (1) of subsection (a) of this Section, and the
contracting dentist or dentists, at the address of the dental
practice provided pursuant to item (B) of subdivision (1) of
subsection (a) of this Section, of notice of an order
immediately terminating the operations of the dental practice,
the executor, administrator, guardian, or authorized
representative may petition the Department within 30 days for a
hearing to take place within 30 days after the petition is
filed.
    (d) The Department may require, by rule, the submission to
the Department of any additional information necessary for the
administration of this Section.

Effective Date: 1/1/2007