Bill Text: IL HB0500 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Illinois Dental Practice Act from January 1, 2016 to January 1, 2026. Amends the Illinois Dental Practice Act. Adds the position of vice-chairman to the Board of Dentistry, who shall be a dentist. Moves the following provisions into the provisions concerning types of dental licenses: licensure of applicants from other states, temporary authorization to practice, issuance of temporary permits, the display of licenses, fees, and penalties. Makes changes concerning what constitutes the practice of dentistry. Sets forth provisions concerning expanded functions for dental assistants. Removes language allowing the Department to make an exemption from the continuing education requirements for dentists and dental hygienists who agree not to practice within the State during the licensing period because they are retired from practice. Provides that certain fines shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine. Provides for the employment of dental investigators. Provides that the duly authorized dental investigators shall have the right to enter and inspect, during business hours, the business premises of a dentist licensed under the Act or of a person who holds himself or herself out as practicing dentistry, with due consideration for patient care of the subject of the investigation, so as to inspect the physical premises and equipment and furnishings therein. Makes changes in provisions concerning consent orders, disciplinary actions, hearings, and patient records. Makes other changes. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-12-17 - Public Act . . . . . . . . . 99-0492 [HB0500 Detail]
Download: Illinois-2015-HB0500-Enrolled.html
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Illinois Dental Practice Act from January 1, 2016 to January 1, 2026. Amends the Illinois Dental Practice Act. Adds the position of vice-chairman to the Board of Dentistry, who shall be a dentist. Moves the following provisions into the provisions concerning types of dental licenses: licensure of applicants from other states, temporary authorization to practice, issuance of temporary permits, the display of licenses, fees, and penalties. Makes changes concerning what constitutes the practice of dentistry. Sets forth provisions concerning expanded functions for dental assistants. Removes language allowing the Department to make an exemption from the continuing education requirements for dentists and dental hygienists who agree not to practice within the State during the licensing period because they are retired from practice. Provides that certain fines shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine. Provides for the employment of dental investigators. Provides that the duly authorized dental investigators shall have the right to enter and inspect, during business hours, the business premises of a dentist licensed under the Act or of a person who holds himself or herself out as practicing dentistry, with due consideration for patient care of the subject of the investigation, so as to inspect the physical premises and equipment and furnishings therein. Makes changes in provisions concerning consent orders, disciplinary actions, hearings, and patient records. Makes other changes. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-12-17 - Public Act . . . . . . . . . 99-0492 [HB0500 Detail]
Download: Illinois-2015-HB0500-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.26 and by adding Section 4.36 as follows:
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6 | (5 ILCS 80/4.26)
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7 | Sec. 4.26. Acts repealed on January 1, 2016. The following | ||||||
8 | Acts are repealed on January 1, 2016: | ||||||
9 | The Illinois Athletic Trainers Practice Act.
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10 | The Illinois Roofing Industry Licensing Act.
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11 | The Illinois Dental Practice Act.
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12 | The Collection Agency Act.
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13 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
14 | Nail Technology Act of 1985.
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15 | The Respiratory Care Practice Act.
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16 | The Hearing Instrument Consumer Protection Act.
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17 | The Illinois Physical Therapy Act.
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18 | The Professional Geologist Licensing Act. | ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | ||||||
20 | 96-1246, eff. 1-1-11.)
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21 | (5 ILCS 80/4.36 new) | ||||||
22 | Sec. 4.36. Act repealed on January 1, 2026. The following |
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1 | Act is repealed on January 1, 2026: | ||||||
2 | The Illinois Dental Practice Act.
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3 | Section 10. The Illinois Dental Practice Act is amended by | ||||||
4 | changing Sections 4, 6, 8.5, 16.1, 17, 18, 23, 24, 25, 26, 29, | ||||||
5 | 30, 41, and 50 and by adding Section 18.1 as follows:
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6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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7 | (Text of Section before amendment by P.A. 99-25 )
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8 | (Section scheduled to be repealed on January 1, 2016)
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9 | Sec. 4. Definitions. As used in this Act:
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10 | "Address of record" means the designated address recorded | ||||||
11 | by the Department in the applicant's or licensee's application | ||||||
12 | file or license file as maintained by the Department's | ||||||
13 | licensure maintenance unit. It is the duty of the applicant or | ||||||
14 | licensee to inform the Department of any change of address and | ||||||
15 | those changes must be made either through the Department's | ||||||
16 | website or by contacting the Department. | ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation.
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19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation.
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21 | "Board" means the Board of Dentistry.
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22 | "Dentist" means a person who has received a general license | ||||||
23 | pursuant
to paragraph (a) of Section 11 of this Act and who may | ||||||
24 | perform any intraoral
and extraoral procedure required in the |
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| |||||||
1 | practice of dentistry and to whom is
reserved the | ||||||
2 | responsibilities specified in Section 17.
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3 | "Dental hygienist" means a person who holds a license under | ||||||
4 | this Act to
perform dental services as authorized by Section | ||||||
5 | 18.
| ||||||
6 | "Dental assistant" means an appropriately trained person
| ||||||
7 | who, under the supervision of a dentist, provides dental | ||||||
8 | services
as authorized by Section 17.
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9 | "Dental laboratory" means a person, firm or corporation | ||||||
10 | which:
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11 | (i) engages in making, providing, repairing or | ||||||
12 | altering dental
prosthetic appliances and other artificial | ||||||
13 | materials and devices which are
returned to a dentist for | ||||||
14 | insertion into the human oral cavity or which
come in | ||||||
15 | contact with its adjacent structures and tissues; and
| ||||||
16 | (ii) utilizes or employs a dental technician to provide | ||||||
17 | such services; and
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18 | (iii) performs such functions only for a dentist or | ||||||
19 | dentists.
| ||||||
20 | "Supervision" means supervision of a dental hygienist or a | ||||||
21 | dental
assistant requiring that a dentist authorize the | ||||||
22 | procedure, remain in the
dental facility while the procedure is | ||||||
23 | performed, and approve the work
performed by the dental | ||||||
24 | hygienist or dental assistant before dismissal of
the patient, | ||||||
25 | but does not mean that the dentist must be present at all
times | ||||||
26 | in the treatment room.
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1 | "General supervision" means supervision of a dental | ||||||
2 | hygienist
requiring that the patient be a patient of record,
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3 | that the dentist
examine the patient in accordance with Section | ||||||
4 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
5 | dentist authorize the procedures which
are being carried
out by | ||||||
6 | a notation in the patient's record, but not requiring that a | ||||||
7 | dentist
be present when the authorized
procedures are being | ||||||
8 | performed. The
issuance of a prescription to a dental | ||||||
9 | laboratory by a
dentist does not constitute general | ||||||
10 | supervision.
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11 | "Public member" means a person who is not a health | ||||||
12 | professional.
For purposes of board membership, any person with | ||||||
13 | a significant financial
interest in a health service or | ||||||
14 | profession is not a public member.
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15 | "Dentistry" means the healing art which is concerned with | ||||||
16 | the
examination, diagnosis, treatment planning and care of | ||||||
17 | conditions within
the human oral cavity and its adjacent | ||||||
18 | tissues and structures, as further
specified in Section 17.
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19 | "Branches of dentistry" means the various specialties of | ||||||
20 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
21 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
22 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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23 | periodontics, prosthodontics, and oral and maxillofacial
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24 | radiology.
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25 | "Specialist" means a dentist who has received a specialty | ||||||
26 | license
pursuant to Section 11(b).
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1 | "Dental technician" means a person who owns, operates or is
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2 | employed by a dental laboratory and engages in making, | ||||||
3 | providing, repairing
or altering dental prosthetic appliances | ||||||
4 | and other artificial materials and
devices which are returned | ||||||
5 | to a dentist for insertion into the human oral
cavity or which | ||||||
6 | come in contact with its adjacent structures and tissues.
| ||||||
7 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
8 | dentist
or dental hygienist who is unable to practice with
| ||||||
9 | reasonable skill and safety because of a physical or mental | ||||||
10 | disability as
evidenced by a written determination or written | ||||||
11 | consent based on clinical
evidence, including deterioration | ||||||
12 | through the aging process, loss of motor
skills, abuse of drugs | ||||||
13 | or alcohol, or a psychiatric disorder, of sufficient
degree to | ||||||
14 | diminish the person's ability to deliver competent patient | ||||||
15 | care.
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16 | "Nurse" means a registered professional nurse, a certified | ||||||
17 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
18 | nurse, or a licensed practical nurse licensed under the Nurse | ||||||
19 | Practice Act.
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20 | "Patient of record" means a patient for whom the patient's | ||||||
21 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
22 | history and on whom the dentist has performed an
examination | ||||||
23 | and evaluated the condition to be treated.
| ||||||
24 | "Dental emergency responder" means a dentist or dental | ||||||
25 | hygienist who is appropriately certified in emergency medical | ||||||
26 | response, as defined by the Department of Public Health.
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1 | "Mobile dental van or portable dental unit" means any | ||||||
2 | self-contained or portable dental unit in which dentistry is | ||||||
3 | practiced that can be moved, towed, or transported from one | ||||||
4 | location to another in order to establish a location where | ||||||
5 | dental services can be provided. | ||||||
6 | "Public health dental hygienist" means a hygienist who | ||||||
7 | holds a valid license to practice in the State, has 2 years of | ||||||
8 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
9 | of clinical experience and has completed 72 hours of additional | ||||||
10 | course work in areas specific to public health dentistry, | ||||||
11 | including, but not limited to, emergency procedures for | ||||||
12 | medically compromised patients, pharmacology, medical | ||||||
13 | recordkeeping procedures, geriatric dentistry, pediatric | ||||||
14 | dentistry, and pathology, and works in a public health setting | ||||||
15 | pursuant to a written public health supervision agreement as | ||||||
16 | defined by rule by the Department with a dentist working in or | ||||||
17 | contracted with a local or State government agency or | ||||||
18 | institution or who is providing services as part of a certified | ||||||
19 | school-based program or school-based oral health program. | ||||||
20 | "Public health setting" means a federally qualified health | ||||||
21 | center; a federal, State, or local public health facility; Head | ||||||
22 | Start; a special supplemental nutrition program for Women, | ||||||
23 | Infants, and Children (WIC) facility; or a certified | ||||||
24 | school-based health center or school-based oral health | ||||||
25 | program. | ||||||
26 | "Public health supervision" means the supervision of a |
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1 | public health dental hygienist by a licensed dentist who has a | ||||||
2 | written public health supervision agreement with that public | ||||||
3 | health dental hygienist while working in an approved facility | ||||||
4 | or program that allows the public health dental hygienist to | ||||||
5 | treat patients, without a dentist first examining the patient | ||||||
6 | and being present in the facility during treatment, (1) who are | ||||||
7 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
8 | household income is not greater than 200% of the federal | ||||||
9 | poverty level. | ||||||
10 | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| ||||||
11 | (Text of Section after amendment by P.A. 99-25 )
| ||||||
12 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
13 | Sec. 4. Definitions. As used in this Act:
| ||||||
14 | "Address of record" means the designated address recorded | ||||||
15 | by the Department in the applicant's or licensee's application | ||||||
16 | file or license file as maintained by the Department's | ||||||
17 | licensure maintenance unit. It is the duty of the applicant or | ||||||
18 | licensee to inform the Department of any change of address and | ||||||
19 | those changes must be made either through the Department's | ||||||
20 | website or by contacting the Department. | ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation.
| ||||||
23 | "Secretary" means the Secretary of Financial and | ||||||
24 | Professional Regulation.
| ||||||
25 | "Board" means the Board of Dentistry.
|
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| |||||||
1 | "Dentist" means a person who has received a general license | ||||||
2 | pursuant
to paragraph (a) of Section 11 of this Act and who may | ||||||
3 | perform any intraoral
and extraoral procedure required in the | ||||||
4 | practice of dentistry and to whom is
reserved the | ||||||
5 | responsibilities specified in Section 17.
| ||||||
6 | "Dental hygienist" means a person who holds a license under | ||||||
7 | this Act to
perform dental services as authorized by Section | ||||||
8 | 18.
| ||||||
9 | "Dental assistant" means an appropriately trained person
| ||||||
10 | who, under the supervision of a dentist, provides dental | ||||||
11 | services
as authorized by Section 17.
| ||||||
12 | "Dental laboratory" means a person, firm or corporation | ||||||
13 | which:
| ||||||
14 | (i) engages in making, providing, repairing or | ||||||
15 | altering dental
prosthetic appliances and other artificial | ||||||
16 | materials and devices which are
returned to a dentist for | ||||||
17 | insertion into the human oral cavity or which
come in | ||||||
18 | contact with its adjacent structures and tissues; and
| ||||||
19 | (ii) utilizes or employs a dental technician to provide | ||||||
20 | such services; and
| ||||||
21 | (iii) performs such functions only for a dentist or | ||||||
22 | dentists.
| ||||||
23 | "Supervision" means supervision of a dental hygienist or a | ||||||
24 | dental
assistant requiring that a dentist authorize the | ||||||
25 | procedure, remain in the
dental facility while the procedure is | ||||||
26 | performed, and approve the work
performed by the dental |
| |||||||
| |||||||
1 | hygienist or dental assistant before dismissal of
the patient, | ||||||
2 | but does not mean that the dentist must be present at all
times | ||||||
3 | in the treatment room.
| ||||||
4 | "General supervision" means supervision of a dental | ||||||
5 | hygienist
requiring that the patient be a patient of record,
| ||||||
6 | that the dentist
examine the patient in accordance with Section | ||||||
7 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
8 | dentist authorize the procedures which
are being carried
out by | ||||||
9 | a notation in the patient's record, but not requiring that a | ||||||
10 | dentist
be present when the authorized
procedures are being | ||||||
11 | performed. The
issuance of a prescription to a dental | ||||||
12 | laboratory by a
dentist does not constitute general | ||||||
13 | supervision.
| ||||||
14 | "Public member" means a person who is not a health | ||||||
15 | professional.
For purposes of board membership, any person with | ||||||
16 | a significant financial
interest in a health service or | ||||||
17 | profession is not a public member.
| ||||||
18 | "Dentistry" means the healing art which is concerned with | ||||||
19 | the
examination, diagnosis, treatment planning and care of | ||||||
20 | conditions within
the human oral cavity and its adjacent | ||||||
21 | tissues and structures, as further
specified in Section 17.
| ||||||
22 | "Branches of dentistry" means the various specialties of | ||||||
23 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
24 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
25 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
26 | periodontics, prosthodontics, and oral and maxillofacial
|
| |||||||
| |||||||
1 | radiology.
| ||||||
2 | "Specialist" means a dentist who has received a specialty | ||||||
3 | license
pursuant to Section 11(b).
| ||||||
4 | "Dental technician" means a person who owns, operates or is
| ||||||
5 | employed by a dental laboratory and engages in making, | ||||||
6 | providing, repairing
or altering dental prosthetic appliances | ||||||
7 | and other artificial materials and
devices which are returned | ||||||
8 | to a dentist for insertion into the human oral
cavity or which | ||||||
9 | come in contact with its adjacent structures and tissues.
| ||||||
10 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
11 | dentist
or dental hygienist who is unable to practice with
| ||||||
12 | reasonable skill and safety because of a physical or mental | ||||||
13 | disability as
evidenced by a written determination or written | ||||||
14 | consent based on clinical
evidence, including deterioration | ||||||
15 | through the aging process, loss of motor
skills, abuse of drugs | ||||||
16 | or alcohol, or a psychiatric disorder, of sufficient
degree to | ||||||
17 | diminish the person's ability to deliver competent patient | ||||||
18 | care.
| ||||||
19 | "Nurse" means a registered professional nurse, a certified | ||||||
20 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
21 | nurse, or a licensed practical nurse licensed under the Nurse | ||||||
22 | Practice Act.
| ||||||
23 | "Patient of record" means a patient for whom the patient's | ||||||
24 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
25 | history and on whom the dentist has performed an
examination | ||||||
26 | and evaluated the condition to be treated.
|
| |||||||
| |||||||
1 | "Dental responder" means a dentist or dental hygienist who | ||||||
2 | is appropriately certified in disaster preparedness, | ||||||
3 | immunizations, and dental humanitarian medical response | ||||||
4 | consistent with the Society of Disaster Medicine and Public | ||||||
5 | Health and training certified by the National Incident | ||||||
6 | Management System or the National Disaster Life Support | ||||||
7 | Foundation.
| ||||||
8 | "Mobile dental van or portable dental unit" means any | ||||||
9 | self-contained or portable dental unit in which dentistry is | ||||||
10 | practiced that can be moved, towed, or transported from one | ||||||
11 | location to another in order to establish a location where | ||||||
12 | dental services can be provided. | ||||||
13 | "Public health dental hygienist" means a hygienist who | ||||||
14 | holds a valid license to practice in the State, has 2 years of | ||||||
15 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
16 | of clinical experience and has completed 72 hours of additional | ||||||
17 | course work in areas specific to public health dentistry, | ||||||
18 | including, but not limited to, emergency procedures for | ||||||
19 | medically compromised patients, pharmacology, medical | ||||||
20 | recordkeeping procedures, geriatric dentistry, pediatric | ||||||
21 | dentistry, and pathology, and works in a public health setting | ||||||
22 | pursuant to a written public health supervision agreement as | ||||||
23 | defined by rule by the Department with a dentist working in or | ||||||
24 | contracted with a local or State government agency or | ||||||
25 | institution or who is providing services as part of a certified | ||||||
26 | school-based program or school-based oral health program. |
| |||||||
| |||||||
1 | "Public health setting" means a federally qualified health | ||||||
2 | center; a federal, State, or local public health facility; Head | ||||||
3 | Start; a special supplemental nutrition program for Women, | ||||||
4 | Infants, and Children (WIC) facility; or a certified | ||||||
5 | school-based health center or school-based oral health | ||||||
6 | program. | ||||||
7 | "Public health supervision" means the supervision of a | ||||||
8 | public health dental hygienist by a licensed dentist who has a | ||||||
9 | written public health supervision agreement with that public | ||||||
10 | health dental hygienist while working in an approved facility | ||||||
11 | or program that allows the public health dental hygienist to | ||||||
12 | treat patients, without a dentist first examining the patient | ||||||
13 | and being present in the facility during treatment, (1) who are | ||||||
14 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
15 | household income is not greater than 200% of the federal | ||||||
16 | poverty level. | ||||||
17 | (Source: P.A. 99-25, eff. 1-1-16.)
| ||||||
18 | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
20 | Sec. 6. Board of Dentistry - Report By Majority Required. | ||||||
21 | There
is created a Board of Dentistry, to be composed of | ||||||
22 | persons designated from
time to time by the Secretary, as | ||||||
23 | follows:
| ||||||
24 | Eleven persons, 8 of whom have been dentists for a period | ||||||
25 | of 5
years or
more; 2 of whom have been dental hygienists
for a |
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| |||||||
1 | period of 5 years or more, and one public member.
None of the | ||||||
2 | members shall be an officer, dean, assistant dean, or associate
| ||||||
3 | dean of a
dental college or dental department of an institute | ||||||
4 | of learning, nor shall any
member be
the program director of | ||||||
5 | any dental hygiene program. A board member who holds a
faculty | ||||||
6 | position in a dental school or dental hygiene program shall not
| ||||||
7 | participate in the
examination of applicants for licenses from | ||||||
8 | that school or program. The
dental
hygienists shall not | ||||||
9 | participate in the examination of
applicants for licenses
to | ||||||
10 | practice dentistry. The public member shall not participate in | ||||||
11 | the
examination of applicants for licenses to
practice | ||||||
12 | dentistry or dental
hygiene. The board shall annually elect a | ||||||
13 | chairman and vice-chairman who shall be dentists a dentist .
| ||||||
14 | Terms for all members shall be for 4 years. Partial terms | ||||||
15 | over 2 years
in length shall be considered as full terms. A | ||||||
16 | member may be reappointed
for a successive term, but no member | ||||||
17 | shall serve more than 2 full terms in
his or her lifetime.
| ||||||
18 | The membership of the Board shall include only residents | ||||||
19 | from various
geographic areas of this State and shall include | ||||||
20 | at least some graduates
from various institutions of dental | ||||||
21 | education in this State.
| ||||||
22 | In making appointments to the Board the Secretary shall | ||||||
23 | give due
consideration to recommendations by organizations of | ||||||
24 | the dental profession
in Illinois, including the Illinois State | ||||||
25 | Dental Society and Illinois
Dental Hygienists Association, and | ||||||
26 | shall promptly give due notice to
such organizations of any |
| |||||||
| |||||||
1 | vacancy in the membership of the Board.
The Secretary may | ||||||
2 | terminate the appointment of any member for cause which in
the | ||||||
3 | opinion of the Secretary reasonably justifies such | ||||||
4 | termination.
| ||||||
5 | A vacancy in the membership of the Board
shall not impair | ||||||
6 | the right of a quorum to exercise all the rights
and perform | ||||||
7 | all the duties of the Board.
Any action to be taken by the | ||||||
8 | Board under this Act may be authorized
by resolution at any | ||||||
9 | regular or special meeting, and each such resolution
shall take | ||||||
10 | effect immediately. The Board shall meet at least quarterly.
| ||||||
11 | The Board may adopt all rules and regulations necessary and | ||||||
12 | incident
to its powers and duties under this Act.
| ||||||
13 | The members of the Board shall each receive as compensation | ||||||
14 | a reasonable
sum as determined by the Secretary for each day | ||||||
15 | actually engaged in the
duties of the office, and all | ||||||
16 | legitimate and necessary expense incurred in
attending the | ||||||
17 | meetings of the Board.
| ||||||
18 | Members of the Board shall be immune from suit in any | ||||||
19 | action based
upon any disciplinary proceedings or other | ||||||
20 | activities performed in good
faith as members of the Board.
| ||||||
21 | (Source: P.A. 97-1013, eff. 8-17-12.)
| ||||||
22 | (225 ILCS 25/8.5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
24 | Sec. 8.5. Unlicensed practice; violation; civil penalty.
| ||||||
25 | (a) Any person who practices, offers to practice, attempts |
| |||||||
| |||||||
1 | to practice, or
holds oneself out to practice dentistry or | ||||||
2 | dental hygiene without being licensed under this Act
shall, in
| ||||||
3 | addition to any other penalty provided by law, pay a civil | ||||||
4 | penalty to the
Department in an amount not to exceed $10,000 | ||||||
5 | for each offense
as determined by
the Department. The civil | ||||||
6 | penalty shall be assessed by the Department after a
hearing is | ||||||
7 | held in accordance with the provisions set forth in this Act
| ||||||
8 | regarding the provision of a hearing for the discipline of a | ||||||
9 | licensee.
| ||||||
10 | (b) The Department has the authority and power to | ||||||
11 | investigate any and all
unlicensed activity.
| ||||||
12 | (c) The civil penalty shall be paid within 60 days after | ||||||
13 | the effective date
of the order imposing the civil penalty. The | ||||||
14 | order shall constitute a judgment
and may be filed and | ||||||
15 | execution had thereon in the same manner as any judgment
from | ||||||
16 | any court of record.
| ||||||
17 | (Source: P.A. 88-223; 89-80, eff. 6-30-95 .)
| ||||||
18 | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
20 | Sec. 16.1. Continuing education. The Department shall | ||||||
21 | promulgate
rules of continuing education for persons licensed | ||||||
22 | under
this Act. In establishing rules, the Department shall | ||||||
23 | require a minimum of
48 hours of study in approved courses for | ||||||
24 | dentists during each 3-year
licensing period and a minimum of | ||||||
25 | 36 hours of study in approved courses for
dental hygienists |
| |||||||
| |||||||
1 | during each 3-year licensing period.
| ||||||
2 | The Department shall approve only courses that are relevant | ||||||
3 | to the
treatment and care of patients, including, but not | ||||||
4 | limited to, clinical
courses in dentistry and dental hygiene | ||||||
5 | and nonclinical courses such as
patient management, legal and | ||||||
6 | ethical responsibilities, and stress
management. The | ||||||
7 | Department shall allow up to 4 hours of continuing education | ||||||
8 | credit hours per license renewal period for volunteer hours | ||||||
9 | spent providing clinical services at, or sponsored by, a | ||||||
10 | nonprofit community clinic, local or state health department, | ||||||
11 | or a charity event. Courses shall not be approved in such | ||||||
12 | subjects as estate and
financial planning, investments, or | ||||||
13 | personal health. Approved courses may
include, but shall not be | ||||||
14 | limited to, courses that are offered or sponsored
by approved | ||||||
15 | colleges, universities, and hospitals and by recognized
| ||||||
16 | national, State, and local dental and dental hygiene | ||||||
17 | organizations.
| ||||||
18 | No license shall be renewed unless the
renewal application | ||||||
19 | is accompanied by an affidavit indicating that the
applicant | ||||||
20 | has completed the required minimum number of hours of | ||||||
21 | continuing
education in approved courses as required by this | ||||||
22 | Section.
The affidavit shall not require a listing of courses. | ||||||
23 | The affidavit
shall be a prima facie evidence that the | ||||||
24 | applicant has obtained the minimum
number of required | ||||||
25 | continuing education hours in approved courses. The
Department | ||||||
26 | shall not be obligated to conduct random
audits or otherwise |
| |||||||
| |||||||
1 | independently verify that an applicant has met the
continuing | ||||||
2 | education requirement.
The Department, however, may not | ||||||
3 | conduct random audits
of more than 10% of the licensed
dentists | ||||||
4 | and dental hygienists in any one licensing cycle
to verify | ||||||
5 | compliance
with continuing education requirements.
If the | ||||||
6 | Department, however, receives a
complaint that a licensee has | ||||||
7 | not completed the required continuing
education or if the | ||||||
8 | Department is investigating another alleged violation
of this | ||||||
9 | Act by a licensee, the Department may demand and shall be | ||||||
10 | entitled
to receive evidence from any licensee of completion of | ||||||
11 | required
continuing education courses for the most recently | ||||||
12 | completed 3-year
licensing period.
Evidence of continuing | ||||||
13 | education may include, but is not limited to, canceled
checks, | ||||||
14 | official verification forms of attendance, and continuing | ||||||
15 | education
recording forms, that demonstrate a reasonable | ||||||
16 | record of attendance. The
Board shall determine, in accordance | ||||||
17 | with rules adopted by the
Department,
whether a licensee or | ||||||
18 | applicant has met the continuing education
requirements.
Any | ||||||
19 | dentist who holds more than one license under this
Act shall be | ||||||
20 | required to complete
only the minimum number of hours of | ||||||
21 | continuing education required for
renewal of a single license. | ||||||
22 | The Department may provide exemptions from
continuing | ||||||
23 | education requirements. The exemptions shall include, but | ||||||
24 | shall
not be limited to, dentists and dental hygienists who | ||||||
25 | agree not to practice
within the State during the licensing | ||||||
26 | period because they are retired from
practice.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| ||||||
2 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 17. Acts Constituting the Practice of Dentistry. A | ||||||
5 | person
practices dentistry, within the meaning of this Act:
| ||||||
6 | (1) Who represents himself or herself as being able to | ||||||
7 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
8 | any disease, pain, deformity, deficiency,
injury, or | ||||||
9 | physical condition of the human tooth, teeth, alveolar | ||||||
10 | process,
gums or jaw; or
| ||||||
11 | (2) Who is a manager, proprietor, operator or conductor | ||||||
12 | of a
business where
dental operations are performed; or
| ||||||
13 | (3) Who performs dental operations of any kind; or
| ||||||
14 | (4) Who uses an X-Ray machine or X-Ray films for
dental | ||||||
15 | diagnostic purposes; or
| ||||||
16 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
17 | attempts to
correct
malpositions of the human teeth or | ||||||
18 | jaws; or
| ||||||
19 | (6) Who offers or undertakes, by any means or method, | ||||||
20 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
21 | materials from human teeth or jaws; or
| ||||||
22 | (7) Who uses or administers local or general | ||||||
23 | anesthetics in the treatment
of dental or oral diseases or | ||||||
24 | in any preparation incident to a dental operation
of any | ||||||
25 | kind or character; or
|
| |||||||
| |||||||
1 | (8) Who takes impressions of the human tooth, teeth, or | ||||||
2 | jaws or performs
any phase of any operation incident to the | ||||||
3 | replacement of a part of a tooth,
a tooth, teeth or | ||||||
4 | associated tissues by means of a filling, crown, a bridge,
| ||||||
5 | a denture or other appliance; or
| ||||||
6 | (9) Who offers to furnish, supply, construct, | ||||||
7 | reproduce or repair, or
who furnishes, supplies, | ||||||
8 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
9 | bridges or other substitutes for natural teeth, to the user | ||||||
10 | or
prospective user thereof; or
| ||||||
11 | (10) Who instructs students on clinical matters or | ||||||
12 | performs any clinical
operation included in the curricula | ||||||
13 | of recognized dental schools and colleges; or
| ||||||
14 | (11) Who takes impressions of human teeth or places his | ||||||
15 | or her hands in the mouth of any person for the purpose of | ||||||
16 | applying teeth whitening materials, or who takes | ||||||
17 | impressions of human teeth or places his or her hands in | ||||||
18 | the mouth of any person for the purpose of assisting in the | ||||||
19 | application of teeth whitening materials. A person does not | ||||||
20 | practice dentistry when he or she discloses to the consumer | ||||||
21 | that he or she is not licensed as a dentist under this Act | ||||||
22 | and (i) discusses the use of teeth whitening materials with | ||||||
23 | a consumer purchasing these materials; (ii) provides | ||||||
24 | instruction on the use of teeth whitening materials with a | ||||||
25 | consumer purchasing these materials; or (iii) provides | ||||||
26 | appropriate equipment on-site to the consumer for the |
| |||||||
| |||||||
1 | consumer to self-apply teeth whitening materials. | ||||||
2 | The fact that any person engages in or performs, or offers | ||||||
3 | to engage in
or perform, any of the practices, acts, or | ||||||
4 | operations set forth in this
Section, shall be prima facie | ||||||
5 | evidence that such person is engaged in the
practice of | ||||||
6 | dentistry.
| ||||||
7 | The following practices, acts, and operations, however, | ||||||
8 | are exempt from
the operation of this Act:
| ||||||
9 | (a) The rendering of dental relief in emergency cases | ||||||
10 | in the practice
of his or her profession by a physician or | ||||||
11 | surgeon, licensed as such
under the laws of this State, | ||||||
12 | unless he or she undertakes to reproduce or reproduces
lost | ||||||
13 | parts of the human teeth in the mouth or to restore or | ||||||
14 | replace lost
or missing teeth in the mouth; or
| ||||||
15 | (b) The practice of dentistry in the discharge of their | ||||||
16 | official duties
by dentists in any branch of the Armed | ||||||
17 | Services of the United States, the
United States Public | ||||||
18 | Health Service, or the United States Veterans
| ||||||
19 | Administration; or
| ||||||
20 | (c) The practice of dentistry by students in their | ||||||
21 | course of study
in dental schools or colleges approved by | ||||||
22 | the Department, when acting under the
direction and | ||||||
23 | supervision of dentists acting as instructors; or
| ||||||
24 | (d) The practice of dentistry by clinical instructors | ||||||
25 | in the course of
their teaching duties in dental schools or | ||||||
26 | colleges approved by the
Department:
|
| |||||||
| |||||||
1 | (i) when acting under the direction and | ||||||
2 | supervision of dentists,
provided that such clinical | ||||||
3 | instructors have instructed continuously in
this State | ||||||
4 | since January 1, 1986; or
| ||||||
5 | (ii) when holding the rank of full professor at | ||||||
6 | such approved dental
school or college and possessing a | ||||||
7 | current valid license or authorization
to practice | ||||||
8 | dentistry in another country; or
| ||||||
9 | (e) The practice of dentistry by licensed dentists of | ||||||
10 | other states or
countries at meetings of the Illinois State | ||||||
11 | Dental Society or component
parts thereof, alumni meetings | ||||||
12 | of dental colleges, or any other like dental
organizations, | ||||||
13 | while appearing as clinicians; or
| ||||||
14 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
15 | of dental or oral
tissues by dental hygienists or dental | ||||||
16 | assistants; or
| ||||||
17 | (g) The performance of any dental service by a dental | ||||||
18 | assistant, if such
service is performed under the | ||||||
19 | supervision and full responsibility of a
dentist.
| ||||||
20 | For purposes of this paragraph (g), "dental service" is | ||||||
21 | defined to mean
any intraoral procedure or act which shall | ||||||
22 | be prescribed by rule or
regulation of the Department. | ||||||
23 | Dental service, however, shall not include:
| ||||||
24 | (1) Any and all diagnosis of or prescription for | ||||||
25 | treatment of disease,
pain, deformity, deficiency, | ||||||
26 | injury or physical condition of the human teeth
or |
| |||||||
| |||||||
1 | jaws, or adjacent structures.
| ||||||
2 | (2) Removal of, or restoration of, or addition
to | ||||||
3 | the hard or soft tissues of the oral cavity, except for | ||||||
4 | the placing, carving, and finishing of amalgam | ||||||
5 | restorations by dental assistants who have had | ||||||
6 | additional formal education and certification as | ||||||
7 | determined by the Department. A dentist utilizing | ||||||
8 | dental assistants shall not supervise more than 4 | ||||||
9 | dental assistants at any one time for placing, carving, | ||||||
10 | and finishing of amalgam restorations.
| ||||||
11 | (3) Any and all correction of malformation of teeth | ||||||
12 | or of the jaws.
| ||||||
13 | (4) Administration of anesthetics, except for | ||||||
14 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
15 | sedation, and general anesthetic as provided in | ||||||
16 | Section 8.1 of this Act, that may be performed only | ||||||
17 | after successful completion of a training
program | ||||||
18 | approved by the Department. A dentist utilizing dental | ||||||
19 | assistants shall not supervise more than 4 dental | ||||||
20 | assistants at any one time for the monitoring of | ||||||
21 | nitrous oxide.
| ||||||
22 | (5) Removal of calculus from human teeth.
| ||||||
23 | (6) Taking of impressions for the fabrication of | ||||||
24 | prosthetic
appliances,
crowns,
bridges, inlays, | ||||||
25 | onlays, or other restorative or replacement
dentistry.
| ||||||
26 | (7) The operative procedure of dental hygiene |
| |||||||
| |||||||
1 | consisting of oral
prophylactic procedures, except for | ||||||
2 | coronal polishing and pit and fissure sealants,
which | ||||||
3 | may be
performed by a
dental assistant who has | ||||||
4 | successfully completed a training program approved by
| ||||||
5 | the Department. Dental assistants may perform coronal | ||||||
6 | polishing under the
following circumstances: (i) the | ||||||
7 | coronal polishing shall be limited to
polishing the
| ||||||
8 | clinical crown of the tooth and existing restorations, | ||||||
9 | supragingivally; (ii)
the
dental assistant performing | ||||||
10 | the coronal polishing shall be limited to the use
of
| ||||||
11 | rotary instruments using a rubber cup or brush | ||||||
12 | polishing method (air polishing
is
not permitted); and | ||||||
13 | (iii) the supervising dentist shall not supervise more
| ||||||
14 | than 4
dental assistants at any one time for the task | ||||||
15 | of coronal polishing or pit and fissure sealants.
| ||||||
16 | In addition to coronal polishing and pit and | ||||||
17 | fissure sealants as described in this item (7), a | ||||||
18 | dental assistant who has at least 2,000 hours of | ||||||
19 | clinical experience and who has successfully completed | ||||||
20 | a training program approved by rule by the Department | ||||||
21 | may perform: (A) coronal scaling above the gum line, | ||||||
22 | supragingivally, on the clinical crown of the tooth | ||||||
23 | only on patients 12 years of age or younger who have an | ||||||
24 | absence of periodontal disease and who are not | ||||||
25 | medically compromised or individuals with special | ||||||
26 | needs and (B) intracoronal temporization of a tooth. |
| |||||||
| |||||||
1 | The training program approved by the Department must: | ||||||
2 | (I) include a minimum of 16 hours of instruction in | ||||||
3 | both didactic and clinical manikin or human subject | ||||||
4 | instruction; all training programs shall include | ||||||
5 | courses in dental anatomy, public health dentistry, | ||||||
6 | medical history, dental emergencies, and managing the | ||||||
7 | pediatric patient; (II) include an outcome assessment | ||||||
8 | examination that demonstrates competency; (III) | ||||||
9 | require the supervising dentist to observe and approve | ||||||
10 | the completion of 6 full mouth supragingival scaling | ||||||
11 | procedures; and (IV) issue a certificate of completion | ||||||
12 | of the training program, which must be kept on file at | ||||||
13 | the dental office. A dental assistant must have | ||||||
14 | successfully completed an approved coronal polishing | ||||||
15 | course prior to taking the coronal scaling course. A | ||||||
16 | dental assistant performing these functions shall be | ||||||
17 | limited to the use of hand instruments only. In | ||||||
18 | addition, coronal scaling as described in this | ||||||
19 | paragraph shall only be utilized on patients who are | ||||||
20 | eligible for Medicaid or who are uninsured and whose | ||||||
21 | household income is not greater than 200% of the | ||||||
22 | federal poverty level. A dentist may not supervise more | ||||||
23 | than 2 dental assistants at any one time for the task | ||||||
24 | of coronal scaling. This paragraph is inoperative on | ||||||
25 | and after January 1, 2021. | ||||||
26 | The limitations on the number of dental assistants a |
| |||||||
| |||||||
1 | dentist may supervise contained in items (2), (4), and (7) | ||||||
2 | of this paragraph (g) mean a limit of 4 total dental | ||||||
3 | assistants or dental hygienists doing expanded functions | ||||||
4 | covered by these Sections being supervised by one dentist. | ||||||
5 | (h) The practice of dentistry by an individual who:
| ||||||
6 | (i) has applied in writing to the Department, in | ||||||
7 | form and substance
satisfactory to the Department, for | ||||||
8 | a general dental license and has
complied with all | ||||||
9 | provisions of Section 9 of this Act, except for the
| ||||||
10 | passage of the examination specified in subsection (e) | ||||||
11 | of Section 9 of this
Act; or
| ||||||
12 | (ii) has applied in writing to the Department, in | ||||||
13 | form and substance
satisfactory to the Department, for | ||||||
14 | a temporary dental license and has
complied with all | ||||||
15 | provisions of subsection (c) of Section 11 of this Act; | ||||||
16 | and
| ||||||
17 | (iii) has been accepted or appointed for specialty | ||||||
18 | or residency training
by a hospital situated in this | ||||||
19 | State; or
| ||||||
20 | (iv) has been accepted or appointed for specialty | ||||||
21 | training in an
approved dental program situated in this | ||||||
22 | State; or
| ||||||
23 | (v) has been accepted or appointed for specialty | ||||||
24 | training in a dental
public health agency situated in | ||||||
25 | this State.
| ||||||
26 | The applicant shall be permitted to practice dentistry |
| |||||||
| |||||||
1 | for a period of 3
months from the starting date of the | ||||||
2 | program, unless authorized in writing
by the Department to | ||||||
3 | continue such practice for a period specified in
writing by | ||||||
4 | the Department.
| ||||||
5 | The applicant shall only be entitled to perform such | ||||||
6 | acts as may be
prescribed by and incidental to his or her | ||||||
7 | program of residency or specialty
training and shall not | ||||||
8 | otherwise engage in the practice of dentistry in this
| ||||||
9 | State.
| ||||||
10 | The authority to practice shall terminate immediately | ||||||
11 | upon:
| ||||||
12 | (1) the decision of the Department that the | ||||||
13 | applicant has failed the
examination; or
| ||||||
14 | (2) denial of licensure by the Department; or
| ||||||
15 | (3) withdrawal of the application.
| ||||||
16 | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | ||||||
17 | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | ||||||
18 | 8-16-13; 98-756, eff. 7-16-14.)
| ||||||
19 | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
21 | Sec. 18. Acts constituting the practice of dental hygiene;
| ||||||
22 | limitations. | ||||||
23 | (a) A person practices dental hygiene within the meaning of | ||||||
24 | this Act when
he or she performs the following acts under the | ||||||
25 | supervision of a dentist:
|
| |||||||
| |||||||
1 | (i) the operative procedure of dental hygiene, | ||||||
2 | consisting of oral
prophylactic procedures;
| ||||||
3 | (ii) the exposure and processing of X-Ray films of | ||||||
4 | the teeth and
surrounding structures;
| ||||||
5 | (iii) the application to the surfaces of the teeth | ||||||
6 | or gums of chemical
compounds designed to be | ||||||
7 | desensitizing agents or effective agents in the
| ||||||
8 | prevention of dental caries or periodontal disease;
| ||||||
9 | (iv) all services which may be performed by a
| ||||||
10 | dental assistant as specified by rule pursuant to | ||||||
11 | Section 17, and a dental hygienist may engage in the | ||||||
12 | placing, carving, and finishing of amalgam | ||||||
13 | restorations only after obtaining formal education and | ||||||
14 | certification as determined by the Department;
| ||||||
15 | (v) administration and monitoring of nitrous oxide | ||||||
16 | upon successful
completion of a
training program | ||||||
17 | approved by the Department;
| ||||||
18 | (vi) administration of local anesthetics upon | ||||||
19 | successful completion of
a
training program approved | ||||||
20 | by the Department; and
| ||||||
21 | (vii) such other procedures and acts as shall be | ||||||
22 | prescribed
by
rule or regulation of the Department.
| ||||||
23 | (b) A dental hygienist may be employed or engaged only:
| ||||||
24 | (1) by a dentist;
| ||||||
25 | (2) by a federal, State, county, or municipal agency or | ||||||
26 | institution;
|
| |||||||
| |||||||
1 | (3) by a public or private school; or
| ||||||
2 | (4) by a public clinic operating under the direction of | ||||||
3 | a hospital or
federal,
State, county, municipal, or other | ||||||
4 | public agency or institution.
| ||||||
5 | (c) When employed or engaged in the office of a dentist, a | ||||||
6 | dental hygienist
may
perform, under general supervision, those | ||||||
7 | procedures found in items (i) through
(iv) of
subsection (a) of | ||||||
8 | this Section, provided the patient has been examined by the
| ||||||
9 | dentist
within one year of the provision of dental hygiene | ||||||
10 | services, the dentist has
approved the
dental hygiene services | ||||||
11 | by a notation in the patient's record and the patient
has been
| ||||||
12 | notified that the dentist may be out of the office during the | ||||||
13 | provision of
dental hygiene
services.
| ||||||
14 | (d) If a patient of record is unable to travel to a dental | ||||||
15 | office because of
illness,
infirmity, or
imprisonment, a dental | ||||||
16 | hygienist may perform, under the general supervision of
a | ||||||
17 | dentist,
those procedures found in items (i) through (iv) of | ||||||
18 | subsection (a) of this
Section,
provided the patient is located | ||||||
19 | in a long-term care facility licensed by the
State of Illinois,
| ||||||
20 | a mental health or developmental disability facility, or a | ||||||
21 | State or federal
prison. The dentist
shall personally examine | ||||||
22 | and diagnose the patient and determine which
services are | ||||||
23 | necessary to be performed, which shall be contained in an order | ||||||
24 | to the hygienist and a notation in the patient's record.
Such | ||||||
25 | order must be implemented within 120 days
of its issuance, and | ||||||
26 | an updated medical history and observation of oral
conditions
|
| |||||||
| |||||||
1 | must be performed by the hygienist immediately prior to | ||||||
2 | beginning the
procedures to ensure that the patient's health | ||||||
3 | has not changed in any
manner to warrant a reexamination by the | ||||||
4 | dentist.
| ||||||
5 | (e) School-based oral health care,
consisting of and | ||||||
6 | limited to oral prophylactic
procedures, sealants, and | ||||||
7 | fluoride treatments,
may be provided by a dental hygienist
| ||||||
8 | under the general supervision of a dentist. A dental hygienist | ||||||
9 | may not provide
other dental hygiene treatment in a | ||||||
10 | school-based setting, including but not
limited to | ||||||
11 | administration or monitoring of nitrous oxide or | ||||||
12 | administration of
local anesthetics. The school-based | ||||||
13 | procedures may be performed provided the
patient is located at | ||||||
14 | a public or private school and the program is being
conducted | ||||||
15 | by a State, county or local public health department initiative | ||||||
16 | or in
conjunction with a dental school or dental hygiene | ||||||
17 | program.
The dentist shall personally examine and diagnose the | ||||||
18 | patient and
determine
which services are necessary to be | ||||||
19 | performed, which shall be contained in an
order to the
| ||||||
20 | hygienist and a notation in the patient's record. Any such | ||||||
21 | order for sealants must be implemented within 120 days after | ||||||
22 | its issuance. Any such order for oral prophylactic procedures | ||||||
23 | or fluoride treatments must be implemented within 180 days | ||||||
24 | after its issuance. An updated medical history and observation | ||||||
25 | of
oral conditions
must be
performed by the hygienist | ||||||
26 | immediately prior to beginning the procedures to
ensure that
|
| |||||||
| |||||||
1 | the patient's health has not changed in any manner to warrant a | ||||||
2 | reexamination
by the
dentist.
| ||||||
3 | (f) Without the supervision of a dentist, a dental | ||||||
4 | hygienist
may perform
dental health education functions and may | ||||||
5 | record case histories and oral
conditions observed.
| ||||||
6 | (g) The number of dental hygienists practicing in a dental | ||||||
7 | office shall
not
exceed, at any one time, 4 times the number of | ||||||
8 | dentists practicing in the
office at the time.
| ||||||
9 | (h) A dental hygienist who is certified as a public health | ||||||
10 | dental hygienist may provide services to patients: (1) who are | ||||||
11 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
12 | household income is not greater than 200% of the federal | ||||||
13 | poverty level. A public health dental hygienist may perform | ||||||
14 | oral assessments, perform screenings, and provide educational | ||||||
15 | and preventative services as provided in subsection (b) of | ||||||
16 | Section 18.1 of this Act. The public health dental hygienist | ||||||
17 | may not administer local anesthesia or nitrous oxide, or place, | ||||||
18 | carve, or finish amalgam restorations or provide periodontal | ||||||
19 | therapy under this exception. Each patient must sign a consent | ||||||
20 | form that acknowledges that the care received does not take the | ||||||
21 | place of a regular dental examination. The public health dental | ||||||
22 | hygienist must provide the patient or guardian a written | ||||||
23 | referral to a dentist for assessment of the need for further | ||||||
24 | dental care at the time of treatment. Any indication or | ||||||
25 | observation of a condition that could warrant the need for | ||||||
26 | urgent attention must be reported immediately to the |
| |||||||
| |||||||
1 | supervising dentist for appropriate assessment and treatment. | ||||||
2 | This subsection (h) is inoperative on and after January 1, | ||||||
3 | 2021. | ||||||
4 | (Source: P.A. 97-526, eff. 1-1-12.)
| ||||||
5 | (225 ILCS 25/18.1 new) | ||||||
6 | Sec. 18.1. Public health dental supervision | ||||||
7 | responsibilities. | ||||||
8 | (a) When working together in a public health supervision | ||||||
9 | relationship, dentists and public health dental hygienists | ||||||
10 | shall enter into a public health supervision agreement. The | ||||||
11 | dentist providing public health supervision must: | ||||||
12 | (1) be available to provide an appropriate level of | ||||||
13 | contact, communication, collaboration, and consultation | ||||||
14 | with the public health dental hygienist and must meet | ||||||
15 | in-person with the public health dental hygienist at least | ||||||
16 | quarterly for review and consultation; | ||||||
17 | (2) have specific standing orders or policy guidelines | ||||||
18 | for procedures that are to be carried out for each location | ||||||
19 | or program, although the dentist need not be present when | ||||||
20 | the procedures are being performed; | ||||||
21 | (3) provide for the patient's additional necessary | ||||||
22 | care in consultation with the public health dental | ||||||
23 | hygienist; | ||||||
24 | (4) file agreements and notifications as required; and | ||||||
25 | (5) include procedures for creating and maintaining |
| |||||||
| |||||||
1 | dental records, including protocols for transmission of | ||||||
2 | all records between the public health dental hygienist and | ||||||
3 | the dentist following each treatment, which shall include a | ||||||
4 | notation regarding procedures authorized by the dentist | ||||||
5 | and performed by the public health dental hygienist and the | ||||||
6 | location where those records are to be kept. | ||||||
7 | Each dentist and hygienist who enters into a public health | ||||||
8 | supervision agreement must document and maintain a copy of any | ||||||
9 | change or termination of that agreement. | ||||||
10 | Dental records shall be owned and maintained by the | ||||||
11 | supervising dentist for all patients treated under public | ||||||
12 | health supervision, unless the supervising dentist is an | ||||||
13 | employee of a public health clinic or federally qualified | ||||||
14 | health center, in which case the public health clinic or | ||||||
15 | federally qualified health center shall maintain the records. | ||||||
16 | If a dentist ceases to be employed or contracted by the | ||||||
17 | facility, the dentist shall notify the facility administrator | ||||||
18 | that the public health supervision agreement is no longer in | ||||||
19 | effect. A new public health supervision agreement is required | ||||||
20 | for the public health dental hygienist to continue treating | ||||||
21 | patients under public health supervision. | ||||||
22 | A dentist entering into an agreement under this Section may | ||||||
23 | supervise and enter into agreements for public health | ||||||
24 | supervision with 2 public health dental hygienists. This shall | ||||||
25 | be in addition to the limit of 4 dental hygienists per dentist | ||||||
26 | set forth in subsection (g) of Section 18 of this Act. |
| |||||||
| |||||||
1 | (b) A public health dental hygienist providing services | ||||||
2 | under public health supervision may perform only those duties | ||||||
3 | within the accepted scope of practice of dental hygiene, as | ||||||
4 | follows: | ||||||
5 | (1) the operative procedures of dental hygiene, | ||||||
6 | consisting of oral prophylactic procedures, including | ||||||
7 | prophylactic cleanings, application of fluoride, and | ||||||
8 | placement of sealants; | ||||||
9 | (2) the exposure and processing of x-ray films of the | ||||||
10 | teeth and surrounding structures; and | ||||||
11 | (3) such other procedures and acts as shall be | ||||||
12 | prescribed by rule of the Department. | ||||||
13 | Any patient treated under this subsection (b) must be | ||||||
14 | examined by a dentist before additional services can be | ||||||
15 | provided by a public health dental hygienist. | ||||||
16 | (c) A public health dental hygienist providing services | ||||||
17 | under public health supervision must: | ||||||
18 | (1) provide to the patient, parent, or guardian a | ||||||
19 | written plan for referral or an agreement for follow-up | ||||||
20 | that records all conditions observed that should be called | ||||||
21 | to the attention of a dentist for proper diagnosis; | ||||||
22 | (2) have each patient sign a permission slip or consent | ||||||
23 | form that informs them that the service to be received does | ||||||
24 | not take the place of regular dental checkups at a dental | ||||||
25 | office and is meant for people who otherwise would not have | ||||||
26 | access to the service; |
| |||||||
| |||||||
1 | (3) inform each patient who may require further dental | ||||||
2 | services of that need; | ||||||
3 | (4) maintain an appropriate level of contact and | ||||||
4 | communication with the dentist providing public health | ||||||
5 | supervision; and | ||||||
6 | (5) complete an additional 4 hours of continuing | ||||||
7 | education in areas specific to public health dentistry | ||||||
8 | yearly. | ||||||
9 | (d) Each public health dental hygienist who has rendered | ||||||
10 | services under subsections (c), (d), and (e) of this Section | ||||||
11 | must complete a summary report at the completion of a program | ||||||
12 | or, in the case of an ongoing program, at least annually. The | ||||||
13 | report must be completed in the manner specified by the | ||||||
14 | Division of Oral Health in the Department of Public Health | ||||||
15 | including information about each location where the public | ||||||
16 | health dental hygienist has rendered these services. The public | ||||||
17 | health dental hygienist must submit the form to the dentist | ||||||
18 | providing supervision for his or her signature before sending | ||||||
19 | it to the Division. | ||||||
20 | (e) Public health dental hygienists providing services | ||||||
21 | under public health supervision may be compensated for their | ||||||
22 | work by salary, honoraria, and other mechanisms by the | ||||||
23 | employing or sponsoring entity. Nothing in this Act shall | ||||||
24 | preclude the entity that employs or sponsors a public health | ||||||
25 | dental hygienist from seeking payment, reimbursement, or other | ||||||
26 | source of funding for the services provided. |
| |||||||
| |||||||
1 | (f) This Section is repealed on January 1, 2021.
| ||||||
2 | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
5 | licenses. The
Department may refuse to issue or renew, or may | ||||||
6 | revoke, suspend, place on
probation, reprimand or take other | ||||||
7 | disciplinary or non-disciplinary action as the Department
may | ||||||
8 | deem proper, including imposing fines not to exceed $10,000 per | ||||||
9 | violation, with
regard to any license for any one or any | ||||||
10 | combination of
the following causes:
| ||||||
11 | 1. Fraud or misrepresentation in applying for or | ||||||
12 | procuring a license under this Act, or in connection with | ||||||
13 | applying for renewal of a license under this Act.
| ||||||
14 | 2. Inability to practice with reasonable judgment, | ||||||
15 | skill, or safety as a result of habitual or excessive use | ||||||
16 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
17 | other chemical agent or drug.
| ||||||
18 | 3. Willful or repeated violations of the rules of the | ||||||
19 | Department of
Public Health or Department of Nuclear | ||||||
20 | Safety.
| ||||||
21 | 4. Acceptance of a fee for service as a witness, | ||||||
22 | without the
knowledge of the court, in addition to the fee | ||||||
23 | allowed by the court.
| ||||||
24 | 5. Division of fees or agreeing to split or divide the | ||||||
25 | fees received
for dental services with any person for |
| |||||||
| |||||||
1 | bringing or referring a patient,
except in regard to | ||||||
2 | referral services as provided for under Section 45,
or | ||||||
3 | assisting in the care or treatment of a patient,
without | ||||||
4 | the
knowledge of the patient or his or her legal | ||||||
5 | representative. Nothing in this item 5 affects any bona | ||||||
6 | fide independent contractor or employment arrangements | ||||||
7 | among health care professionals, health facilities, health | ||||||
8 | care providers, or other entities, except as otherwise | ||||||
9 | prohibited by law. Any employment arrangements may include | ||||||
10 | provisions for compensation, health insurance, pension, or | ||||||
11 | other employment benefits for the provision of services | ||||||
12 | within the scope of the licensee's practice under this Act. | ||||||
13 | Nothing in this item 5 shall be construed to require an | ||||||
14 | employment arrangement to receive professional fees for | ||||||
15 | services rendered.
| ||||||
16 | 6. Employing, procuring, inducing, aiding or abetting | ||||||
17 | a person not
licensed or registered as a dentist or dental | ||||||
18 | hygienist to engage in the practice of
dentistry or dental | ||||||
19 | hygiene . The person practiced upon is not an accomplice, | ||||||
20 | employer,
procurer, inducer, aider, or abetter within the | ||||||
21 | meaning of this Act.
| ||||||
22 | 7. Making any misrepresentations or false promises, | ||||||
23 | directly or
indirectly, to influence, persuade or induce | ||||||
24 | dental patronage.
| ||||||
25 | 8. Professional connection or association with or | ||||||
26 | lending his or her name
to another for the illegal practice |
| |||||||
| |||||||
1 | of dentistry by another, or
professional connection or | ||||||
2 | association with any person, firm or
corporation holding | ||||||
3 | himself, herself, themselves, or itself out in any manner
| ||||||
4 | contrary to this Act.
| ||||||
5 | 9. Obtaining or seeking to obtain practice, money, or | ||||||
6 | any other
things of value by false or fraudulent | ||||||
7 | representations, but
not limited to, engaging in such | ||||||
8 | fraudulent practice to defraud the
medical assistance | ||||||
9 | program of the Department of Healthcare and Family Services | ||||||
10 | (formerly Department of Public Aid) under the Illinois | ||||||
11 | Public Aid Code.
| ||||||
12 | 10. Practicing under a false or, except as provided by | ||||||
13 | law, an assumed name.
| ||||||
14 | 11. Engaging in dishonorable,
unethical, or | ||||||
15 | unprofessional conduct of a character likely to deceive,
| ||||||
16 | defraud, or harm the public.
| ||||||
17 | 12. Conviction by plea of guilty or nolo contendere, | ||||||
18 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
19 | sentencing for any crime, including, but not limited to, | ||||||
20 | convictions, preceding sentences of supervision, | ||||||
21 | conditional discharge, or first offender probation, under | ||||||
22 | the laws of any jurisdiction of the United States that (i) | ||||||
23 | is a felony under the laws of this State or (ii) is a | ||||||
24 | misdemeanor, an essential element of which is dishonesty, | ||||||
25 | or that is directly related to the practice of dentistry.
| ||||||
26 | 13. Permitting a dental hygienist, dental assistant or |
| |||||||
| |||||||
1 | other person
under his or her supervision to perform
any | ||||||
2 | operation not authorized by this Act.
| ||||||
3 | 14. Permitting more than 4 dental hygienists to be | ||||||
4 | employed under
his or her supervision at any one time.
| ||||||
5 | 15. A violation of any provision of this
Act or any | ||||||
6 | rules promulgated under this Act.
| ||||||
7 | 16. Taking impressions for or using the services of any | ||||||
8 | person, firm
or corporation violating this Act.
| ||||||
9 | 17. Violating any provision of Section 45 relating to | ||||||
10 | advertising.
| ||||||
11 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
12 | nation,
if at least one of the grounds for the discipline | ||||||
13 | is the
same or substantially equivalent to those set forth | ||||||
14 | within this Act.
| ||||||
15 | 19. Willfully failing to report an instance of | ||||||
16 | suspected child abuse or
neglect as required by the Abused | ||||||
17 | and Neglected Child Reporting
Act.
| ||||||
18 | 20. Gross negligence in practice under this Act.
| ||||||
19 | 21. The use or prescription for use of narcotics or | ||||||
20 | controlled substances
or designated products as listed in | ||||||
21 | the Illinois Controlled Substances
Act, in any way other | ||||||
22 | than for therapeutic purposes.
| ||||||
23 | 22. Willfully making or filing false records or reports | ||||||
24 | in his or her practice
as a dentist, including, but not | ||||||
25 | limited to, false records to support claims
against the | ||||||
26 | dental assistance program of the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services (formerly
Illinois Department of | ||||||
2 | Public
Aid).
| ||||||
3 | 23. Professional incompetence as manifested by poor | ||||||
4 | standards of care.
| ||||||
5 | 24. Physical or mental illness, including, but not | ||||||
6 | limited to,
deterioration
through
the aging process, or | ||||||
7 | loss of motor skills which results in a dentist's
inability | ||||||
8 | to practice dentistry with reasonable judgment, skill or | ||||||
9 | safety. In
enforcing this paragraph, the Department may | ||||||
10 | compel a person licensed to
practice under this Act to | ||||||
11 | submit to a mental or physical examination pursuant
to the | ||||||
12 | terms and conditions of Section 23b.
| ||||||
13 | 25. Gross or repeated irregularities in billing for | ||||||
14 | services rendered
to a patient. For purposes of this | ||||||
15 | paragraph 25, "irregularities in billing"
shall include:
| ||||||
16 | (a) Reporting excessive charges for the purpose of | ||||||
17 | obtaining a total
payment
in excess of that usually | ||||||
18 | received by the dentist for the services rendered.
| ||||||
19 | (b) Reporting charges for services not rendered.
| ||||||
20 | (c) Incorrectly reporting services rendered for | ||||||
21 | the purpose of obtaining
payment not earned.
| ||||||
22 | 26. Continuing the active practice of dentistry while | ||||||
23 | knowingly having
any infectious, communicable, or | ||||||
24 | contagious disease proscribed by rule or
regulation of the | ||||||
25 | Department.
| ||||||
26 | 27. Being named as a perpetrator in an indicated report |
| |||||||
| |||||||
1 | by the
Department of Children and Family Services pursuant | ||||||
2 | to the Abused and
Neglected Child Reporting Act, and upon
| ||||||
3 | proof by clear and convincing evidence that the licensee | ||||||
4 | has
caused a child to be an abused child or neglected child | ||||||
5 | as defined in the
Abused and Neglected Child Reporting Act.
| ||||||
6 | 28. Violating the Health Care Worker Self-Referral | ||||||
7 | Act.
| ||||||
8 | 29. Abandonment of a patient.
| ||||||
9 | 30. Mental incompetency as declared by a court of | ||||||
10 | competent
jurisdiction.
| ||||||
11 | 31. A finding by the Department that the licensee, | ||||||
12 | after having his or her license placed on probationary | ||||||
13 | status, has violated the terms of probation. | ||||||
14 | 32. Material misstatement in furnishing information to | ||||||
15 | the Department. | ||||||
16 | 33. Failing, within 60 days, to provide information in | ||||||
17 | response to a written request by the Department in the | ||||||
18 | course of an investigation. | ||||||
19 | 34. Immoral conduct in the commission of any act, | ||||||
20 | including, but not limited to, commission of an act of | ||||||
21 | sexual misconduct related to the licensee's practice. | ||||||
22 | 35. Cheating on or attempting to subvert the licensing | ||||||
23 | examination administered under this Act. | ||||||
24 | 36. A pattern of practice or other behavior that | ||||||
25 | demonstrates incapacity or incompetence to practice under | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | 37. Failure to establish and maintain records of | ||||||
2 | patient care and treatment as required under this Act. | ||||||
3 | 38. Failure to provide copies of dental records as | ||||||
4 | required by law. | ||||||
5 | All proceedings to suspend, revoke, place on probationary | ||||||
6 | status, or
take any other disciplinary action as the Department | ||||||
7 | may deem proper, with
regard to a license on any of the | ||||||
8 | foregoing grounds, must be commenced
within 5 3 years after | ||||||
9 | receipt by the Department of a complaint alleging the
| ||||||
10 | commission of or notice of the conviction order for any of the | ||||||
11 | acts
described herein. Except for fraud in procuring a license, | ||||||
12 | no
action shall be commenced more than 7 5 years after the date | ||||||
13 | of the incident
or act alleged to have violated this Section. | ||||||
14 | The time during which the
holder of the license was outside the | ||||||
15 | State of Illinois shall not be
included within any period of | ||||||
16 | time limiting the commencement of
disciplinary action by the | ||||||
17 | Department.
| ||||||
18 | All fines imposed under this Section shall be paid within | ||||||
19 | 60 days after the effective date of the order imposing the fine | ||||||
20 | or in accordance with the terms set forth in the order imposing | ||||||
21 | the fine. | ||||||
22 | The Department may refuse to issue or may suspend the | ||||||
23 | license of any
person who fails to file a return, or to pay the | ||||||
24 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
25 | final assessment of tax, penalty or
interest, as required by | ||||||
26 | any tax Act administered by the Illinois
Department of Revenue, |
| |||||||
| |||||||
1 | until such time as the requirements of
any such tax Act are | ||||||
2 | satisfied.
| ||||||
3 | Any dentist who has had his or her license suspended or | ||||||
4 | revoked for more than 5 years must comply with the requirements | ||||||
5 | for restoration set forth in Section 16 prior to being eligible | ||||||
6 | for reinstatement from the suspension or revocation. | ||||||
7 | (Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; | ||||||
8 | 97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
| ||||||
9 | (225 ILCS 25/24) (from Ch. 111, par. 2324)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
11 | Sec. 24. Refusal, Suspension or Revocation of Dental | ||||||
12 | Hygienist License. The
Department may refuse to issue or renew | ||||||
13 | or
may revoke, suspend, place on probation, reprimand or take | ||||||
14 | other
disciplinary or non-disciplinary action as the | ||||||
15 | Department may deem proper, including imposing fines not
to | ||||||
16 | exceed $10,000 per violation, with regard to any dental | ||||||
17 | hygienist license
for any one or any combination of the | ||||||
18 | following causes:
| ||||||
19 | 1. Fraud or misrepresentation in applying for or | ||||||
20 | procuring a license under this Act, or in connection with | ||||||
21 | applying for renewal of a license under this Act.
| ||||||
22 | 2. Performing any operation not authorized by this Act.
| ||||||
23 | 3. Practicing dental hygiene other than under the | ||||||
24 | supervision of a
licensed dentist as provided by this Act.
| ||||||
25 | 4. The wilful violation of, or the wilful procuring of, |
| |||||||
| |||||||
1 | or knowingly
assisting in the violation of, any Act which | ||||||
2 | is now or which hereafter may
be in force in this State | ||||||
3 | relating to the use of habit-forming drugs.
| ||||||
4 | 5. The obtaining of, or an attempt to obtain a license, | ||||||
5 | or practice in the profession, or money, or any other thing
| ||||||
6 | of value by fraudulent representation.
| ||||||
7 | 6. Gross negligence in performing the operative | ||||||
8 | procedure of dental
hygiene.
| ||||||
9 | 7. Active practice of dental hygiene while knowingly | ||||||
10 | having any
infectious, communicable, or contagious disease | ||||||
11 | proscribed by rule
or regulation of the Department.
| ||||||
12 | 8. Inability to practice with reasonable judgment, | ||||||
13 | skill, or safety as a result of habitual or excessive use | ||||||
14 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
15 | other chemical agent or drug.
| ||||||
16 | 9. Conviction by plea of guilty or nolo contendere, | ||||||
17 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
18 | sentencing of any crime, including, but not limited to, | ||||||
19 | convictions, preceding sentences of supervision, | ||||||
20 | conditional discharge, or first offender probation, under | ||||||
21 | the laws of any jurisdiction of the United States that (i) | ||||||
22 | is a felony or (ii) is a misdemeanor, an essential element | ||||||
23 | of which is dishonesty, or that is directly related to the | ||||||
24 | practice of dental hygiene.
| ||||||
25 | 10. Aiding or abetting the unlicensed practice of | ||||||
26 | dentistry or
dental hygiene.
|
| |||||||
| |||||||
1 | 11. Discipline by another U.S. jurisdiction or a | ||||||
2 | foreign nation, if at
least one of the grounds for the | ||||||
3 | discipline is the same or substantially
equivalent to those | ||||||
4 | set forth in this Act.
| ||||||
5 | 12. Violating the Health Care Worker Self-Referral | ||||||
6 | Act.
| ||||||
7 | 13. Violating the prohibitions of Section 38.1 of this | ||||||
8 | Act. | ||||||
9 | 14. Engaging in dishonorable, unethical, or | ||||||
10 | unprofessional conduct of a character likely to deceive, | ||||||
11 | defraud, or harm the public. | ||||||
12 | 15. A finding by the Department that the licensee, | ||||||
13 | after having his or her license placed on probationary | ||||||
14 | status, has violated the terms of probation.
| ||||||
15 | 16. Material misstatement in furnishing information to | ||||||
16 | the Department. | ||||||
17 | 17. Failing, within 60 days, to provide information in | ||||||
18 | response to a written request by the Department in the | ||||||
19 | course of an investigation. | ||||||
20 | 18. Immoral conduct in the commission of any act, | ||||||
21 | including, but not limited to, commission of an act of | ||||||
22 | sexual misconduct related to the licensee's practice. | ||||||
23 | 19. Cheating on or attempting to subvert the licensing | ||||||
24 | examination administered under this Act. | ||||||
25 | 20. Violations of this Act or of the rules promulgated | ||||||
26 | under this Act. |
| |||||||
| |||||||
1 | 21. Practicing under a false or, except as provided by | ||||||
2 | law, an assumed name. | ||||||
3 | The provisions of this Act relating to proceedings for the | ||||||
4 | suspension
and revocation of a license to practice dentistry | ||||||
5 | shall apply to
proceedings for the suspension or revocation of | ||||||
6 | a license as a dental
hygienist.
| ||||||
7 | All proceedings to suspend, revoke, place on probationary | ||||||
8 | status, or take any other disciplinary action as the Department | ||||||
9 | may deem proper with regard to a license on any of the grounds | ||||||
10 | contained in this Section, must be commenced within 5 years | ||||||
11 | after receipt by the Department of a complaint alleging the | ||||||
12 | commission of or notice of the conviction order for any of the | ||||||
13 | acts described in this Section. Except for fraud in procuring a | ||||||
14 | license, no action shall be commenced more than 7 years after | ||||||
15 | the date of the incident or act alleged to have violated this | ||||||
16 | Section. The time during which the holder of the license was | ||||||
17 | outside the State of Illinois shall not be included within any | ||||||
18 | period of time limiting the commencement of disciplinary action | ||||||
19 | by the Department. | ||||||
20 | All fines imposed under this Section shall be paid within | ||||||
21 | 60 days after the effective date of the order imposing the fine | ||||||
22 | or in accordance with the terms set forth in the order imposing | ||||||
23 | the fine. | ||||||
24 | Any dental hygienist who has had his or her license | ||||||
25 | suspended or revoked for more than 5 years must comply with the | ||||||
26 | requirements for restoration set forth in Section 16 prior to |
| |||||||
| |||||||
1 | being eligible for reinstatement from the suspension or | ||||||
2 | revocation. | ||||||
3 | (Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
| ||||||
4 | (225 ILCS 25/25) (from Ch. 111, par. 2325)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
6 | Sec. 25. Notice of hearing; investigations and informal
| ||||||
7 | conferences. | ||||||
8 | (a) Upon the motion of
either the Department or the Board | ||||||
9 | or upon the verified complaint
in writing of any person setting | ||||||
10 | forth facts which
if proven would constitute grounds for | ||||||
11 | refusal, suspension or revocation
of license under this Act, | ||||||
12 | the Board shall
investigate the actions of any
person, | ||||||
13 | hereinafter called the respondent, who holds or
represents that | ||||||
14 | he
or she holds a license. All such motions or complaints shall | ||||||
15 | be brought to the Board.
| ||||||
16 | (b) Prior to taking an in-person statement from a dentist | ||||||
17 | or
dental hygienist who is the subject of a complaint, the | ||||||
18 | investigator shall
inform the dentist or the dental hygienist | ||||||
19 | in writing:
| ||||||
20 | (1) that the dentist or dental hygienist is the subject | ||||||
21 | of a complaint;
| ||||||
22 | (2) that the dentist or dental hygienist
need not | ||||||
23 | immediately proceed with the interview and may seek | ||||||
24 | appropriate
consultation prior to consenting to the | ||||||
25 | interview; and
|
| |||||||
| |||||||
1 | (3) that failure of the dentist or dental hygienist to | ||||||
2 | proceed with the interview shall not prohibit the | ||||||
3 | Department from conducting a visual inspection of the | ||||||
4 | facility.
| ||||||
5 | A Department investigator's failure to comply with this | ||||||
6 | subsection may not
be the sole ground for dismissal of any | ||||||
7 | order of the Department filed upon a
finding of a violation or | ||||||
8 | for dismissal of a pending investigation.
| ||||||
9 | (b-5) The duly authorized dental investigators of the | ||||||
10 | Department shall have the right to enter and inspect, during | ||||||
11 | business hours, the business premises of a dentist licensed | ||||||
12 | under this Act or of a person who holds himself or herself out | ||||||
13 | as practicing dentistry, with due consideration for patient | ||||||
14 | care of the subject of the investigation, so as to inspect the | ||||||
15 | physical premises and equipment and furnishings therein. This | ||||||
16 | right of inspection shall not include inspection of business, | ||||||
17 | medical, or personnel records located on the premises without a | ||||||
18 | Department subpoena issued in accordance with Section 25.1 of | ||||||
19 | this Act or Section 2105-105 of the Department of Professional | ||||||
20 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
21 | For the purposes of this Section, "business premises" means the | ||||||
22 | office or offices where the dentist conducts the practice of | ||||||
23 | dentistry. | ||||||
24 | (c) If the Department concludes on the basis of a complaint | ||||||
25 | or its initial
investigation that there is a possible violation | ||||||
26 | of the Act,
the
Department may:
|
| |||||||
| |||||||
1 | (1) schedule a hearing pursuant to this Act; or
| ||||||
2 | (2) request
in writing that the dentist or dental | ||||||
3 | hygienist being investigated attend an
informal
conference | ||||||
4 | with representatives of the Department.
| ||||||
5 | The request for an informal conference shall contain the | ||||||
6 | nature of the
alleged actions or
inactions that constitute the | ||||||
7 | possible violations.
| ||||||
8 | A dentist or dental hygienist shall be allowed to have | ||||||
9 | legal counsel at the
informal conference. If the informal | ||||||
10 | conference results in a consent order
between the accused | ||||||
11 | dentist or dental hygienist and the Department, the
consent | ||||||
12 | order
must be approved by the Secretary. However, if the | ||||||
13 | consent order would result in a fine exceeding $10,000 or the | ||||||
14 | suspension or revocation of the dentist or dental hygienist | ||||||
15 | license, the consent order must be approved by the Board and | ||||||
16 | the Secretary. Participation in
the informal conference by a | ||||||
17 | dentist, a dental hygienist, or the Department and
any | ||||||
18 | admissions or
stipulations made by a dentist, a dental | ||||||
19 | hygienist, or the Department at the
informal conference,
| ||||||
20 | including any agreements in a consent order that is | ||||||
21 | subsequently disapproved
by either the Board or the Secretary, | ||||||
22 | shall not be used against the dentist,
dental hygienist, or | ||||||
23 | Department at any subsequent hearing and shall not become
a | ||||||
24 | part of the
record of the hearing.
| ||||||
25 | (d) The Secretary shall, before suspending, revoking, | ||||||
26 | placing on
probationary
status, or taking any other |
| |||||||
| |||||||
1 | disciplinary action as the Secretary may deem
proper with | ||||||
2 | regard to any license, at least 30 days prior
to the date set | ||||||
3 | for the hearing, notify the respondent in
writing of any | ||||||
4 | charges
made and the time and place for a hearing of the | ||||||
5 | charges before the Board,
direct him or her to file his or her | ||||||
6 | written answer thereto to the Board
under oath within 20 days | ||||||
7 | after the service on him or her of such notice
and inform him | ||||||
8 | or her that if he or she fails to file such answer default
will | ||||||
9 | be taken against him or her and his or her license may be | ||||||
10 | suspended,
revoked, placed on probationary status,
or other | ||||||
11 | disciplinary action may be taken with regard thereto, including
| ||||||
12 | limiting the scope, nature or extent of his or her practice, as | ||||||
13 | the Secretary
may deem proper.
| ||||||
14 | (e) Such written notice and any notice in such proceedings | ||||||
15 | thereafter
may be
served by delivery personally to the | ||||||
16 | respondent, or by
registered or
certified mail to the address | ||||||
17 | last theretofore specified by the respondent
in his or her last | ||||||
18 | notification to the Secretary.
| ||||||
19 | (Source: P.A. 97-1013, eff. 8-17-12.)
| ||||||
20 | (225 ILCS 25/26) (from Ch. 111, par. 2326)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
22 | Sec. 26. Disciplinary actions.
| ||||||
23 | (a) In case the respondent, after
receiving notice, fails | ||||||
24 | to file an answer, his or her license may, in the discretion of | ||||||
25 | the Secretary, having first received
the recommendation of the |
| |||||||
| |||||||
1 | Board, be suspended, revoked, placed on
probationary status, or | ||||||
2 | the Secretary may take whatever disciplinary or | ||||||
3 | non-disciplinary action
he or she may deem proper, including | ||||||
4 | limiting the scope, nature, or extent of the
person's practice | ||||||
5 | or the imposition of a fine, without a hearing, if the
act or | ||||||
6 | acts charged constitute sufficient grounds for such action | ||||||
7 | under this
Act.
| ||||||
8 | (b) The Secretary may temporarily suspend the license of a | ||||||
9 | dentist or dental hygienist without a hearing,
simultaneous to | ||||||
10 | the institution of proceedings for a hearing under this
Act, if | ||||||
11 | the Secretary finds that evidence in his or her possession | ||||||
12 | indicates that a
dentist's or dental hygienist's continuation | ||||||
13 | in practice would constitute
an immediate danger to the public. | ||||||
14 | In the event that the Secretary
temporarily suspends the | ||||||
15 | license of a dentist or a dental hygienist without a hearing, a | ||||||
16 | hearing by the
Board must be held within 15 days after such | ||||||
17 | suspension has occurred.
| ||||||
18 | (c) The entry of a judgment by any circuit court | ||||||
19 | establishing that any
person holding a license under this Act | ||||||
20 | is a
person subject to involuntary admission under the Mental | ||||||
21 | Health and
Developmental Disabilities Code shall operate as a | ||||||
22 | suspension of that
license. That person may resume his or her
| ||||||
23 | practice only upon a finding by the Board that he or she has | ||||||
24 | been
determined to be no longer subject to involuntary | ||||||
25 | admission by the court
and upon the Board's recommendation to | ||||||
26 | the Secretary that he or she be
permitted to resume his or her |
| |||||||
| |||||||
1 | practice.
| ||||||
2 | (Source: P.A. 97-1013, eff. 8-17-12.)
| ||||||
3 | (225 ILCS 25/29) (from Ch. 111, par. 2329)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
5 | Sec. 29. Recommendations for disciplinary action - Action | ||||||
6 | by Secretary. The Board may advise the Secretary that probation | ||||||
7 | be granted or
that other disciplinary action, including the | ||||||
8 | limitation of the scope,
nature or extent of a person's | ||||||
9 | practice, be taken, as it deems proper. If
disciplinary action | ||||||
10 | other than suspension or revocation is taken, the Board
may | ||||||
11 | advise that the Secretary impose reasonable limitations and | ||||||
12 | requirements
upon the respondent to insure compliance with the | ||||||
13 | terms of the
probation or
other disciplinary action, including, | ||||||
14 | but not limited to, regular reporting
by the respondent to the | ||||||
15 | Secretary of his or her actions, or the
respondent's
placing | ||||||
16 | himself or herself under the care of a qualified physician for
| ||||||
17 | treatment or limiting his or her practice in such manner as the | ||||||
18 | Secretary
may require.
| ||||||
19 | The Board shall present to the Secretary a written report | ||||||
20 | of its findings
and recommendations. A copy of such report | ||||||
21 | shall be served upon the
respondent,
either personally or by | ||||||
22 | registered or certified mail. Within 20 days after
such | ||||||
23 | service, the respondent may present to the Department his
or | ||||||
24 | her motion
in writing for a rehearing, specifying the | ||||||
25 | particular ground therefor. If
the respondent orders from the |
| |||||||
| |||||||
1 | reporting service and pays for a transcript of the record,
the | ||||||
2 | time
elapsing thereafter and before such transcript is ready | ||||||
3 | for delivery to him
or her shall not be counted as part of such | ||||||
4 | 20 days.
| ||||||
5 | At the expiration of the time allowed for filing a motion | ||||||
6 | for rehearing
the Secretary may take the action recommended by | ||||||
7 | the Board. Upon suspension,
revocation, placement on | ||||||
8 | probationary status, or the taking of any other
disciplinary | ||||||
9 | action, including the limiting of the scope, nature, or extent
| ||||||
10 | of one's practice, deemed proper by the Secretary, with regard | ||||||
11 | to the
license, the respondent
shall surrender his or
her | ||||||
12 | license to the Department, if ordered to
do so by the | ||||||
13 | Department, and upon his or her failure or refusal to do so,
| ||||||
14 | the Department may seize the same.
| ||||||
15 | In all instances under this Act in which the Board has | ||||||
16 | rendered a
recommendation to the Secretary with respect to a | ||||||
17 | particular person, the Secretary
shall, to the extent that he | ||||||
18 | or she disagrees with or takes action
contrary to the | ||||||
19 | recommendation of the Board, file with the Board his or her | ||||||
20 | specific written reasons of disagreement. Such
reasons shall be | ||||||
21 | filed within 30 days after the Secretary has taken the
contrary | ||||||
22 | position.
| ||||||
23 | Each order of revocation, suspension, or other | ||||||
24 | disciplinary action shall
contain a brief, concise statement of | ||||||
25 | the ground or grounds upon which the
Department's action is | ||||||
26 | based, as well as the specific terms and conditions
of such |
| |||||||
| |||||||
1 | action. The original of this document shall be retained as a
| ||||||
2 | permanent record by the Board and the Department. In those | ||||||
3 | instances where
an order of revocation, suspension, or other | ||||||
4 | disciplinary action has been
rendered by virtue of a dentist's | ||||||
5 | or dental hygienist's physical illness,
including, but not | ||||||
6 | limited to, deterioration through the aging process, or
loss of | ||||||
7 | motor skill which results in an inability to practice with
| ||||||
8 | reasonable judgment, skill, or safety, the Department shall | ||||||
9 | permit only
this document and the record of the hearing | ||||||
10 | incident thereto to be
observed, inspected, viewed, or copied | ||||||
11 | pursuant to court order.
| ||||||
12 | (Source: P.A. 97-1013, eff. 8-17-12.)
| ||||||
13 | (225 ILCS 25/30) (from Ch. 111, par. 2330)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
15 | Sec. 30. Appointment of a Hearing Officer. The Secretary | ||||||
16 | shall have
the authority to appoint any attorney duly licensed | ||||||
17 | to practice law in the
State of Illinois to serve as the | ||||||
18 | hearing officer if any action for refusal
to issue, renew or | ||||||
19 | discipline of a license.
The hearing officer shall have full | ||||||
20 | authority to conduct the hearing. The
hearing officer shall | ||||||
21 | report his or her findings and recommendations to the Board
and | ||||||
22 | the Secretary. The Board shall have 60 days from receipt of the | ||||||
23 | report
to review the report of the hearing officer and present | ||||||
24 | its findings of
fact, conclusions of law and recommendations to | ||||||
25 | the Secretary. If the Board
fails to present its report within |
| |||||||
| |||||||
1 | the 60 day period, the Secretary shall
issue an order based on | ||||||
2 | the report of the hearing officer. If the Secretary
determines | ||||||
3 | that the Board's report is contrary to the manifest weight of
| ||||||
4 | the evidence, he or she may issue an order in contravention of | ||||||
5 | the Board's report.
| ||||||
6 | Whenever the Secretary is satisfied that substantial | ||||||
7 | justice has not been done in a formal disciplinary action or | ||||||
8 | refusal to restore a license, he or she may order a | ||||||
9 | reexamination or rehearing by the same or other hearing | ||||||
10 | officer. | ||||||
11 | (Source: P.A. 97-1013, eff. 8-17-12.)
| ||||||
12 | (225 ILCS 25/41) (from Ch. 111, par. 2341)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
14 | Sec. 41. Dental Coordinator. The Department shall select a | ||||||
15 | dental
coordinator, who shall not be a member of the Board. The | ||||||
16 | dental
coordinator shall be a dentist. The dental coordinator | ||||||
17 | shall be the chief
enforcement officer of the disciplinary | ||||||
18 | provisions of this Act.
| ||||||
19 | The Department shall employ, in conformity with the | ||||||
20 | " Personnel Code " , such investigators as it deems necessary to | ||||||
21 | investigate violations of this Act not
less than one full-time | ||||||
22 | investigator for every 3,000 dentists and dental
hygienists in | ||||||
23 | the State . Each investigator shall be a college graduate
with | ||||||
24 | at least 2 years' investigative experience or one year of | ||||||
25 | advanced
dental or medical education. The Department shall |
| |||||||
| |||||||
1 | employ, in conformity
with the " Personnel Code " , such other | ||||||
2 | professional, technical, investigative
and clerical assistance | ||||||
3 | on either a full or part-time basis, as the
Department deems | ||||||
4 | necessary for the proper performance of its duties. The
| ||||||
5 | Department shall retain and use such hearing officers as it | ||||||
6 | deems
necessary. All employees of the Department shall be | ||||||
7 | directed by, and
answerable to, the Department, with respect to | ||||||
8 | their duties and functions.
| ||||||
9 | (Source: P.A. 84-365 .)
| ||||||
10 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 50. Patient Records. Every dentist shall make
a record | ||||||
13 | of all dental work performed for each patient. The record shall
| ||||||
14 | be made in a manner and in sufficient detail that it may be | ||||||
15 | used for
identification purposes.
| ||||||
16 | Dental records required by this Section shall be maintained | ||||||
17 | for 10 years.
Dental records required to be maintained under | ||||||
18 | this Section, or copies
of those dental records, shall be made | ||||||
19 | available upon request to the
patient or the patient's | ||||||
20 | guardian. A dentist shall be entitled to reasonable | ||||||
21 | reimbursement for the cost of reproducing these records, which | ||||||
22 | shall not exceed the cost allowed under Section 8-2001 8-2003 | ||||||
23 | of the Code of Civil Procedure. A dentist providing services | ||||||
24 | through a mobile dental van or portable dental unit shall | ||||||
25 | provide to the patient or the patient's parent or guardian, in |
| |||||||
| |||||||
1 | writing, the dentist's name, license number, address, and | ||||||
2 | information on how the patient or the patient's parent or | ||||||
3 | guardian may obtain the patient's dental records, as provided | ||||||
4 | by law.
| ||||||
5 | (Source: P.A. 97-526, eff. 1-1-12.)
| ||||||
6 | (225 ILCS 25/35 rep.)
| ||||||
7 | Section 15. The Illinois Dental Practice Act is amended by | ||||||
8 | repealing Section 35.
| ||||||
9 | Section 95. No acceleration or delay. Where this Act makes | ||||||
10 | changes in a statute that is represented in this Act by text | ||||||
11 | that is not yet or no longer in effect (for example, a Section | ||||||
12 | represented by multiple versions), the use of that text does | ||||||
13 | not accelerate or delay the taking effect of (i) the changes | ||||||
14 | made by this Act or (ii) provisions derived from any other | ||||||
15 | Public Act.
| ||||||
16 | Section 99. Effective date. This Act takes effect December | ||||||
17 | 31, 2015.
|