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| Public Act 097-0102
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| HB0274 Enrolled | LRB097 02702 CEL 42721 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
changing Sections 23 and 24 as follows:
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(225 ILCS 25/23) (from Ch. 111, par. 2323)
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(Section scheduled to be repealed on January 1, 2016)
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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
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regard to any license for any one or any combination of
the |
following causes:
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1. Fraud in procuring the license.
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2. Habitual intoxication or addiction to the use of |
drugs.
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3. Willful or repeated violations of the rules of the |
Department of
Public Health or Department of Nuclear |
Safety.
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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.
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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.
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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.
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7. Making any misrepresentations or false promises, |
directly or
indirectly, to influence, persuade or induce |
dental patronage.
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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
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contrary to this Act.
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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).
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10. Practicing under a name other than his or her own.
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11. Engaging in dishonorable,
unethical, or |
unprofessional conduct of a character likely to deceive,
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defraud, or harm the public.
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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
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practice of dentistry or dental hygiene.
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13. Permitting a dental hygienist, dental assistant or |
other person
under his or her supervision to perform
any |
operation not authorized by this Act.
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14. Permitting more than 4 dental hygienists to be |
employed under
his supervision at any one time.
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15. A violation of any provision of this
Act or any |
rules promulgated under this Act.
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16. Taking impressions for or using the services of any |
person, firm
or corporation violating this Act.
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17. Violating any provision of Section 45 relating to |
advertising.
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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.
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19. Willfully failing to report an instance of |
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suspected child abuse or
neglect as required by the Abused |
and Neglected Child Reporting
Act.
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20. Gross or repeated malpractice resulting in injury |
or death of a patient.
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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.
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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
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Aid).
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23. Professional incompetence as manifested by poor |
standards of care.
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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.
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25. Repeated irregularities in billing a third party |
for services rendered
to a patient. For purposes of this |
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paragraph 25, "irregularities in billing"
shall include:
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(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.
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(b) Reporting charges for services not rendered.
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(c) Incorrectly reporting services rendered for |
the purpose of obtaining
payment not earned.
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26. Continuing the active practice of dentistry while |
knowingly having
any infectious, communicable, or |
contagious disease proscribed by rule or
regulation of the |
Department.
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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
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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.
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28. Violating the Health Care Worker Self-Referral |
Act.
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29. Abandonment of a patient.
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30. Mental incompetency as declared by a court of |
competent
jurisdiction.
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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 |
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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
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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.
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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.
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(Source: P.A. 94-1014, eff. 7-7-06.)
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(225 ILCS 25/24) (from Ch. 111, par. 2324)
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(Section scheduled to be repealed on January 1, 2016)
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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 |
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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:
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1. Fraud in procuring license.
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2. Performing any operation not authorized by this Act.
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3. Practicing dental hygiene other than under the |
supervision of a
licensed dentist as provided by this Act.
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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.
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5. The obtaining of, or an attempt to obtain a license, |
or practice in the profession, or money, or any other thing
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of value by fraudulent representation.
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6. Gross negligence in performing the operative |
procedure of dental
hygiene.
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7. Active practice of dental hygiene while knowingly |
having any
infectious, communicable, or contagious disease |
proscribed by rule
or regulation of the Department.
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8. Habitual intoxication or addiction to the use of
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habit-forming drugs.
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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 |
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person has not
been sufficiently rehabilitated to warrant |
the public trust.
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10. Aiding or abetting the unlicensed practice of |
dentistry or
dental hygiene.
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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.
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12. Violating the Health Care Worker Self-Referral |
Act.
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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.
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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.
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(Source: P.A. 94-409, eff. 12-31-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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