Bill Text: IL SB2586 | 2023-2024 | 103rd General Assembly | Enrolled
Bill Title: Amends the Illinois Dental Practice Act. Adds a definition of "informed consent" and modifies the definitions of "patient of record" and "teledentistry". Provides that a patient who is provided services under a supervision agreement by a public health dental hygienist does not need to receive a physical examination from a dentist prior to treatment if the public health dental hygienist consults with the supervising dentist prior to performing the teledentistry service. Limits the practice of teledentistry to a patient of record, and contains other provisions restricting teledentistry. Provides that the Department of Financial and Professional Regulation may discipline a dentist for violations of the restrictions on teledentistry. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that, if a person violates the restrictions on teledentistry, the person commits an unlawful practice within the meaning of the Act. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Enrolled) 2024-06-21 - Sent to the Governor [SB2586 Detail]
Download: Illinois-2023-SB2586-Enrolled.html
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 18.1, and 23 and by adding Section 17.2 as | ||||||
6 | follows:
| ||||||
7 | (225 ILCS 25/4) | ||||||
8 | (Section scheduled to be repealed on January 1, 2026) | ||||||
9 | Sec. 4. Definitions. As used in this Act: | ||||||
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. | ||||||
19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation. | ||||||
21 | "Board" means the Board of Dentistry. | ||||||
22 | "Dentist" means a person who has received a general | ||||||
23 | license pursuant to paragraph (a) of Section 11 of this Act and |
| |||||||
| |||||||
1 | who may perform any intraoral and extraoral procedure required | ||||||
2 | in the practice of dentistry and to whom is reserved the | ||||||
3 | responsibilities specified in Section 17. | ||||||
4 | "Dental hygienist" means a person who holds a license | ||||||
5 | under this Act to perform dental services as authorized by | ||||||
6 | Section 18. | ||||||
7 | "Dental assistant" means an appropriately trained person | ||||||
8 | who, under the supervision of a dentist, provides dental | ||||||
9 | services as authorized by Section 17. | ||||||
10 | "Expanded function dental assistant" means a dental | ||||||
11 | assistant who has completed the training required by Section | ||||||
12 | 17.1 of this Act. | ||||||
13 | "Dental laboratory" means a person, firm, or corporation | ||||||
14 | which: | ||||||
15 | (i) engages in making, providing, repairing, or | ||||||
16 | altering dental prosthetic appliances and other artificial | ||||||
17 | materials and devices which are returned to a dentist for | ||||||
18 | insertion into the human oral cavity or which come in | ||||||
19 | contact with its adjacent structures and tissues; and | ||||||
20 | (ii) utilizes or employs a dental technician to | ||||||
21 | provide such services; and | ||||||
22 | (iii) performs such functions only for a dentist or | ||||||
23 | dentists. | ||||||
24 | "Supervision" means supervision of a dental hygienist or a | ||||||
25 | dental assistant requiring that a dentist authorize the | ||||||
26 | procedure, remain in the dental facility while the procedure |
| |||||||
| |||||||
1 | is performed, and approve the work performed by the dental | ||||||
2 | hygienist or dental assistant before dismissal of the patient, | ||||||
3 | but does not mean that the dentist must be present at all times | ||||||
4 | in the treatment room. | ||||||
5 | "General supervision" means supervision of a dental | ||||||
6 | hygienist requiring that the patient be a patient of record, | ||||||
7 | that the dentist examine the patient in accordance with | ||||||
8 | Section 18 prior to treatment by the dental hygienist, and | ||||||
9 | that the dentist authorize the procedures which are being | ||||||
10 | carried out by a notation in the patient's record, but not | ||||||
11 | requiring that a dentist be present when the authorized | ||||||
12 | procedures are being performed. The issuance of a prescription | ||||||
13 | to a dental laboratory by a dentist does not constitute | ||||||
14 | general supervision. | ||||||
15 | "Public member" means a person who is not a health | ||||||
16 | professional. For purposes of board membership, any person | ||||||
17 | with a significant financial interest in a health service or | ||||||
18 | profession is not a public member. | ||||||
19 | "Dentistry" means the healing art which is concerned with | ||||||
20 | the examination, diagnosis, treatment planning, and care of | ||||||
21 | conditions within the human oral cavity and its adjacent | ||||||
22 | tissues and structures, as further specified in Section 17. | ||||||
23 | "Branches of dentistry" means the various specialties of | ||||||
24 | dentistry which, for purposes of this Act, shall be limited to | ||||||
25 | the following: endodontics, oral and maxillofacial surgery, | ||||||
26 | orthodontics and dentofacial orthopedics, pediatric dentistry, |
| |||||||
| |||||||
1 | periodontics, prosthodontics, oral and maxillofacial | ||||||
2 | radiology, and dental anesthesiology. | ||||||
3 | "Specialist" means a dentist who has received a specialty | ||||||
4 | license pursuant to Section 11(b). | ||||||
5 | "Dental technician" means a person who owns, operates, or | ||||||
6 | is employed by a dental laboratory and engages in making, | ||||||
7 | providing, repairing, or altering dental prosthetic appliances | ||||||
8 | and other artificial materials and devices which are returned | ||||||
9 | to a dentist for insertion into the human oral cavity or which | ||||||
10 | come in contact with its adjacent structures and tissues. | ||||||
11 | "Informed consent" means legally valid consent that is | ||||||
12 | given by a patient or legal guardian, that is recorded in | ||||||
13 | writing or digitally, that authorizes intervention or | ||||||
14 | treatment services from the treating dentist, and that | ||||||
15 | documents agreement to participate in those services and | ||||||
16 | knowledge of the risks, benefits, and alternatives, including | ||||||
17 | the decision to withdraw from or decline treatment. | ||||||
18 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
19 | dentist or dental hygienist who is unable to practice with | ||||||
20 | reasonable skill and safety because of a physical or mental | ||||||
21 | disability as evidenced by a written determination or written | ||||||
22 | consent based on clinical evidence, including deterioration | ||||||
23 | through the aging process, loss of motor skills, abuse of | ||||||
24 | drugs or alcohol, or a psychiatric disorder, of sufficient | ||||||
25 | degree to diminish the person's ability to deliver competent | ||||||
26 | patient care. |
| |||||||
| |||||||
1 | "Nurse" means a registered professional nurse, a certified | ||||||
2 | registered nurse anesthetist licensed as an advanced practice | ||||||
3 | registered nurse, or a licensed practical nurse licensed under | ||||||
4 | the Nurse Practice Act. | ||||||
5 | "Patient of record" , except as provided in Section 17.2, | ||||||
6 | means a patient for whom the patient's most recent dentist has | ||||||
7 | obtained a relevant medical and dental history and on whom the | ||||||
8 | dentist has performed a physical an examination within the | ||||||
9 | last year and evaluated the condition to be treated , including | ||||||
10 | a review of the patient's most recent x-rays . | ||||||
11 | "Dental responder" means a dentist or dental hygienist who | ||||||
12 | is appropriately certified in disaster preparedness, | ||||||
13 | immunizations, and dental humanitarian medical response | ||||||
14 | consistent with the Society of Disaster Medicine and Public | ||||||
15 | Health and training certified by the National Incident | ||||||
16 | Management System or the National Disaster Life Support | ||||||
17 | Foundation. | ||||||
18 | "Mobile dental van or portable dental unit" means any | ||||||
19 | self-contained or portable dental unit in which dentistry is | ||||||
20 | practiced that can be moved, towed, or transported from one | ||||||
21 | location to another in order to establish a location where | ||||||
22 | dental services can be provided. | ||||||
23 | "Public health dental hygienist" means a hygienist who | ||||||
24 | holds a valid license to practice in the State, has 2 years of | ||||||
25 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
26 | of clinical experience, and has completed at least 42 clock |
| |||||||
| |||||||
1 | hours of additional structured courses in dental education in | ||||||
2 | advanced areas specific to public health dentistry. | ||||||
3 | "Public health setting" means a federally qualified health | ||||||
4 | center; a federal, State, or local public health facility; | ||||||
5 | Head Start; a special supplemental nutrition program for | ||||||
6 | Women, Infants, and Children (WIC) facility; a certified | ||||||
7 | school-based health center or school-based oral health | ||||||
8 | program; a prison; or a long-term care facility. | ||||||
9 | "Public health supervision" means the supervision of a | ||||||
10 | public health dental hygienist by a licensed dentist who has a | ||||||
11 | written public health supervision agreement with that public | ||||||
12 | health dental hygienist while working in an approved facility | ||||||
13 | or program that allows the public health dental hygienist to | ||||||
14 | treat patients, without a dentist first examining the patient | ||||||
15 | and being present in the facility during treatment, (1) who | ||||||
16 | are eligible for Medicaid or (2) who are uninsured or whose | ||||||
17 | household income is not greater than 300% of the federal | ||||||
18 | poverty level. | ||||||
19 | "Teledentistry" means the use of telehealth systems and | ||||||
20 | methodologies in dentistry and includes patient diagnosis, | ||||||
21 | treatment planning, care , and education delivery for a patient | ||||||
22 | of record using synchronous and asynchronous communications | ||||||
23 | under an Illinois licensed a dentist's authority as provided | ||||||
24 | under this Act. | ||||||
25 | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | ||||||
26 | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. |
| |||||||
| |||||||
1 | 1-1-24; revised 12-15-23.)
| ||||||
2 | (225 ILCS 25/17.2 new) | ||||||
3 | Sec. 17.2. Teledentistry. | ||||||
4 | (a) As used in this Section, "patient of record" means a | ||||||
5 | patient for whom the patient's most recent Illinois-licensed | ||||||
6 | dentist has obtained a relevant medical and dental history and | ||||||
7 | on whom the dentist has (i) performed a physical examination | ||||||
8 | within the last year; (ii) obtained relevant records that are | ||||||
9 | appropriate for the type of teledentistry service being | ||||||
10 | provided from an in-person examination within the previous 12 | ||||||
11 | months, including a review of the patient's most recent | ||||||
12 | x-rays; or (iii) established a relationship with the patient | ||||||
13 | through an exchange of protected health information for the | ||||||
14 | purpose of providing emergency care, treatment, or services in | ||||||
15 | accordance with subsection (c). | ||||||
16 | (b) A dentist may only practice or utilize teledentistry | ||||||
17 | on a patient of record. A dentist practicing dentistry through | ||||||
18 | teledentistry is subject to the same standard of care and | ||||||
19 | practice standards that are applicable to dental services | ||||||
20 | provided in a clinic or office setting. A dentist may provide | ||||||
21 | and delegate dental services using teledentistry only under | ||||||
22 | the supervision requirements as specified in this Act for | ||||||
23 | in-person care. Prior to providing teledentistry services to a | ||||||
24 | patient, a dentist must obtain informed consent from the | ||||||
25 | patient as to the treatment proposed to be offered through |
| |||||||
| |||||||
1 | teledentistry by the dentist. A dentist providing | ||||||
2 | teledentistry under this Section shall provide the patient | ||||||
3 | with the his or her name, direct telephone number, and | ||||||
4 | physical practice address. It is a violation of this Act for a | ||||||
5 | provider of dental services rendering care through | ||||||
6 | teledentistry to require a patient to sign an agreement that | ||||||
7 | limits in any way the patient's ability to write a review of | ||||||
8 | services received or file a complaint with the Department or | ||||||
9 | other regulatory agency. The Department shall adopt rules to | ||||||
10 | provide for the use of teledentistry in the State of Illinois. | ||||||
11 | (c) A dentist may treat a patient of record to provide | ||||||
12 | emergent care or conduct an initial consultation using | ||||||
13 | teledentistry for the purpose of treating or assessing for | ||||||
14 | acute pain, infection, injury, or any intraoral or perioral | ||||||
15 | condition that presents immediate harm or discomfort to the | ||||||
16 | patient for which treatment cannot be postponed. A provider of | ||||||
17 | dental services rendering emergent care or conducting an | ||||||
18 | initial consultation through teledentistry must direct the | ||||||
19 | patient to receive appropriate in-person care after the | ||||||
20 | provision of teledentistry services.
| ||||||
21 | (225 ILCS 25/18.1) | ||||||
22 | (Section scheduled to be repealed on January 1, 2026) | ||||||
23 | Sec. 18.1. Public health dental supervision | ||||||
24 | responsibilities. | ||||||
25 | (a) When working together in a public health supervision |
| |||||||
| |||||||
1 | relationship, dentists and public health dental hygienists | ||||||
2 | shall enter into a public health supervision agreement. The | ||||||
3 | dentist providing public health supervision must: | ||||||
4 | (1) be available to provide an appropriate level of | ||||||
5 | contact, communication, collaboration, and consultation | ||||||
6 | with the public health dental hygienist and must meet | ||||||
7 | in-person with the public health dental hygienist at least | ||||||
8 | quarterly for review and consultation; | ||||||
9 | (2) have specific standing orders or policy guidelines | ||||||
10 | for procedures that are to be carried out for each | ||||||
11 | location or program, although the dentist need not be | ||||||
12 | present when the procedures are being performed; | ||||||
13 | (3) provide for the patient's additional necessary | ||||||
14 | care in consultation with the public health dental | ||||||
15 | hygienist; | ||||||
16 | (4) file agreements and notifications as required; and | ||||||
17 | (5) include procedures for creating and maintaining | ||||||
18 | dental records, including protocols for transmission of | ||||||
19 | all records between the public health dental hygienist and | ||||||
20 | the dentist following each treatment, which shall include | ||||||
21 | a notation regarding procedures authorized by the dentist | ||||||
22 | and performed by the public health dental hygienist and | ||||||
23 | the location where those records are to be kept. | ||||||
24 | Each dentist and hygienist who enters into a public health | ||||||
25 | supervision agreement must document and maintain a copy of any | ||||||
26 | change or termination of that agreement. |
| |||||||
| |||||||
1 | Dental records shall be owned and maintained by the | ||||||
2 | supervising dentist for all patients treated under public | ||||||
3 | health supervision, unless the supervising dentist is an | ||||||
4 | employee of a public health clinic or federally qualified | ||||||
5 | health center, in which case the public health clinic or | ||||||
6 | federally qualified health center shall maintain the records. | ||||||
7 | If a dentist ceases to be employed or contracted by the | ||||||
8 | facility, the dentist shall notify the facility administrator | ||||||
9 | that the public health supervision agreement is no longer in | ||||||
10 | effect. A new public health supervision agreement is required | ||||||
11 | for the public health dental hygienist to continue treating | ||||||
12 | patients under public health supervision. | ||||||
13 | A dentist entering into an agreement under this Section | ||||||
14 | may supervise and enter into agreements for public health | ||||||
15 | supervision with 4 public health dental hygienists. This shall | ||||||
16 | be in addition to the limit of 4 dental hygienists per dentist | ||||||
17 | set forth in subsection (g) of Section 18 of this Act. | ||||||
18 | (b) A public health dental hygienist providing services | ||||||
19 | under public health supervision may perform only those duties | ||||||
20 | within the accepted scope of practice of dental hygiene, as | ||||||
21 | follows: | ||||||
22 | (1) the operative procedures of dental hygiene, | ||||||
23 | consisting of oral prophylactic procedures, including | ||||||
24 | prophylactic cleanings, application of fluoride, and | ||||||
25 | placement of sealants; | ||||||
26 | (2) the exposure and processing of x-ray films of the |
| |||||||
| |||||||
1 | teeth and surrounding structures; and | ||||||
2 | (3) such other procedures and acts as shall be | ||||||
3 | prescribed by rule of the Department. | ||||||
4 | Any patient treated under this subsection (b) must be | ||||||
5 | examined by a dentist before additional services can be | ||||||
6 | provided by a public health dental hygienist. However, if the | ||||||
7 | supervising dentist, after consultation with the public health | ||||||
8 | hygienist, determines that time is needed to complete an | ||||||
9 | approved treatment plan on a patient eligible under this | ||||||
10 | Section, then the dentist may instruct the hygienist to | ||||||
11 | complete the remaining services prior to an oral examination | ||||||
12 | by the dentist. Such instruction by the dentist to the | ||||||
13 | hygienist shall be noted in the patient's records. Any | ||||||
14 | services performed under this exception must be scheduled in a | ||||||
15 | timely manner and shall not occur more than 30 days after the | ||||||
16 | first appointment date. | ||||||
17 | (c) A public health dental hygienist providing services | ||||||
18 | under public health supervision must: | ||||||
19 | (1) provide to the patient, parent, or guardian a | ||||||
20 | written plan for referral or an agreement for follow-up | ||||||
21 | that records all conditions observed that should be called | ||||||
22 | to the attention of a dentist for proper diagnosis; | ||||||
23 | (2) have each patient sign a permission slip or | ||||||
24 | consent form that informs them that the service to be | ||||||
25 | received does not take the place of regular dental | ||||||
26 | checkups at a dental office and is meant for people who |
| |||||||
| |||||||
1 | otherwise would not have access to the service; | ||||||
2 | (3) inform each patient who may require further dental | ||||||
3 | services of that need; | ||||||
4 | (4) maintain an appropriate level of contact and | ||||||
5 | communication with the dentist providing public health | ||||||
6 | supervision; and | ||||||
7 | (5) complete an additional 4 hours of continuing | ||||||
8 | education in areas specific to public health dentistry | ||||||
9 | yearly. | ||||||
10 | (d) Each public health dental hygienist who has rendered | ||||||
11 | services under subsections (c), (d), and (e) of this Section | ||||||
12 | must complete a summary report at the completion of a program | ||||||
13 | or, in the case of an ongoing program, at least annually. The | ||||||
14 | report must be completed in the manner specified by the | ||||||
15 | Department of Public Health Oral Health Section including | ||||||
16 | information about each location where the public health dental | ||||||
17 | hygienist has rendered these services. The public health | ||||||
18 | dental hygienist must submit the form to the dentist providing | ||||||
19 | supervision for his or her signature before sending it to the | ||||||
20 | Division. The Department of Public Health Oral Health Section | ||||||
21 | shall compile and publicize public health dental hygienist | ||||||
22 | service data annually. | ||||||
23 | (e) Public health dental hygienists providing services | ||||||
24 | under public health supervision may be compensated for their | ||||||
25 | work by salary, honoraria, and other mechanisms by the | ||||||
26 | employing or sponsoring entity. Nothing in this Act shall |
| |||||||
| |||||||
1 | preclude the entity that employs or sponsors a public health | ||||||
2 | dental hygienist from seeking payment, reimbursement, or other | ||||||
3 | source of funding for the services provided. | ||||||
4 | (e-5) A patient who is provided services under a | ||||||
5 | supervision agreement by a public health dental hygienist as | ||||||
6 | described in this Section does not need to receive a physical | ||||||
7 | examination from a dentist prior to treatment if the public | ||||||
8 | health dental hygienist consults with the supervising dentist | ||||||
9 | prior to performing the teledentistry service. | ||||||
10 | (f) This Section is repealed on January 1, 2026. | ||||||
11 | (Source: P.A. 103-431, eff. 1-1-24 .)
| ||||||
12 | (225 ILCS 25/23) (from Ch. 111, par. 2323) | ||||||
13 | (Section scheduled to be repealed on January 1, 2026) | ||||||
14 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
15 | licenses. The Department may refuse to issue or renew, or may | ||||||
16 | revoke, suspend, place on probation, reprimand or take other | ||||||
17 | disciplinary or non-disciplinary action as the Department may | ||||||
18 | deem proper, including imposing fines not to exceed $10,000 | ||||||
19 | per violation, with regard to any license for any one or any | ||||||
20 | combination of the following causes: | ||||||
21 | 1. Fraud or misrepresentation in applying for or | ||||||
22 | procuring a license under this Act, or in connection with | ||||||
23 | applying for renewal of a license under this Act. | ||||||
24 | 2. Inability to practice with reasonable judgment, | ||||||
25 | skill, or safety as a result of habitual or excessive use |
| |||||||
| |||||||
1 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
2 | other chemical agent or drug. | ||||||
3 | 3. Willful or repeated violations of the rules of the | ||||||
4 | Department of Public Health or Department of Nuclear | ||||||
5 | Safety. | ||||||
6 | 4. Acceptance of a fee for service as a witness, | ||||||
7 | without the knowledge of the court, in addition to the fee | ||||||
8 | allowed by the court. | ||||||
9 | 5. Division of fees or agreeing to split or divide the | ||||||
10 | fees received for dental services with any person for | ||||||
11 | bringing or referring a patient, except in regard to | ||||||
12 | referral services as provided for under Section 45, or | ||||||
13 | assisting in the care or treatment of a patient, without | ||||||
14 | the knowledge of the patient or his or her legal | ||||||
15 | representative. Nothing in this item 5 affects any bona | ||||||
16 | fide independent contractor or employment arrangements | ||||||
17 | among health care professionals, health facilities, health | ||||||
18 | care providers, or other entities, except as otherwise | ||||||
19 | prohibited by law. Any employment arrangements may include | ||||||
20 | provisions for compensation, health insurance, pension, or | ||||||
21 | other employment benefits for the provision of services | ||||||
22 | within the scope of the licensee's practice under this | ||||||
23 | Act. Nothing in this item 5 shall be construed to require | ||||||
24 | an employment arrangement to receive professional fees for | ||||||
25 | services rendered. | ||||||
26 | 6. Employing, procuring, inducing, aiding or abetting |
| |||||||
| |||||||
1 | a person not licensed or registered as a dentist or dental | ||||||
2 | hygienist to engage in the practice of dentistry or dental | ||||||
3 | hygiene. The person practiced upon is not an accomplice, | ||||||
4 | employer, procurer, inducer, aider, or abetter within the | ||||||
5 | meaning of this Act. | ||||||
6 | 7. Making any misrepresentations or false promises, | ||||||
7 | directly or indirectly, to influence, persuade or induce | ||||||
8 | dental patronage. | ||||||
9 | 8. Professional connection or association with or | ||||||
10 | lending his or her name to another for the illegal | ||||||
11 | practice of dentistry by another, or professional | ||||||
12 | connection or association with any person, firm or | ||||||
13 | corporation holding himself, herself, themselves, or | ||||||
14 | itself out in any manner contrary to this Act. | ||||||
15 | 9. Obtaining or seeking to obtain practice, money, or | ||||||
16 | any other things of value by false or fraudulent | ||||||
17 | representations, but not limited to, engaging in such | ||||||
18 | fraudulent practice to defraud the medical assistance | ||||||
19 | program of the Department of Healthcare and Family | ||||||
20 | Services (formerly Department of Public Aid) under the | ||||||
21 | Illinois Public Aid Code. | ||||||
22 | 10. Practicing under a false or, except as provided by | ||||||
23 | law, an assumed name. | ||||||
24 | 11. Engaging in dishonorable, unethical, or | ||||||
25 | unprofessional conduct of a character likely to deceive, | ||||||
26 | defraud, or harm the public. |
| |||||||
| |||||||
1 | 12. Conviction by plea of guilty or nolo contendere, | ||||||
2 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
3 | sentencing for any crime, including, but not limited to, | ||||||
4 | convictions, preceding sentences of supervision, | ||||||
5 | conditional discharge, or first offender probation, under | ||||||
6 | the laws of any jurisdiction of the United States that (i) | ||||||
7 | is a felony under the laws of this State or (ii) is a | ||||||
8 | misdemeanor, an essential element of which is dishonesty, | ||||||
9 | or that is directly related to the practice of dentistry. | ||||||
10 | 13. Permitting a dental hygienist, dental assistant or | ||||||
11 | other person under his or her supervision to perform any | ||||||
12 | operation not authorized by this Act. | ||||||
13 | 14. Permitting more than 4 dental hygienists to be | ||||||
14 | employed under his or her supervision at any one time. | ||||||
15 | 15. A violation of any provision of this Act or any | ||||||
16 | rules promulgated under this Act. | ||||||
17 | 16. Taking impressions for or using the services of | ||||||
18 | any person, firm or corporation violating this Act. | ||||||
19 | 17. Violating any provision of Section 45 relating to | ||||||
20 | advertising. | ||||||
21 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
22 | nation, if at least one of the grounds for the discipline | ||||||
23 | is the same or substantially equivalent to those set forth | ||||||
24 | within this Act. | ||||||
25 | 19. Willfully failing to report an instance of | ||||||
26 | suspected child abuse or neglect as required by the Abused |
| |||||||
| |||||||
1 | and Neglected Child Reporting Act. | ||||||
2 | 20. Gross negligence in practice under this Act. | ||||||
3 | 21. The use or prescription for use of narcotics or | ||||||
4 | controlled substances or designated products as listed in | ||||||
5 | the Illinois Controlled Substances Act, in any way other | ||||||
6 | than for therapeutic purposes. | ||||||
7 | 22. Willfully making or filing false records or | ||||||
8 | reports in his or her practice as a dentist, including, | ||||||
9 | but not limited to, false records to support claims | ||||||
10 | against the dental assistance program of the Department of | ||||||
11 | Healthcare and Family Services (formerly Illinois | ||||||
12 | Department of Public Aid). | ||||||
13 | 23. Professional incompetence as manifested by poor | ||||||
14 | standards of care. | ||||||
15 | 24. Physical or mental illness, including, but not | ||||||
16 | limited to, deterioration through the aging process, or | ||||||
17 | loss of motor skills which results in a dentist's | ||||||
18 | inability to practice dentistry with reasonable judgment, | ||||||
19 | skill or safety. In enforcing this paragraph, the | ||||||
20 | Department may compel a person licensed to practice under | ||||||
21 | this Act to submit to a mental or physical examination | ||||||
22 | pursuant to the terms and conditions of Section 23b. | ||||||
23 | 25. Gross or repeated irregularities in billing for | ||||||
24 | services rendered to a patient. For purposes of this | ||||||
25 | paragraph 25, "irregularities in billing" shall include: | ||||||
26 | (a) Reporting excessive charges for the purpose of |
| |||||||
| |||||||
1 | obtaining a total payment in excess of that usually | ||||||
2 | received by the dentist for the services rendered. | ||||||
3 | (b) Reporting charges for services not rendered. | ||||||
4 | (c) Incorrectly reporting services rendered for | ||||||
5 | the purpose of obtaining payment not earned. | ||||||
6 | 26. Continuing the active practice of dentistry while | ||||||
7 | knowingly having any infectious, communicable, or | ||||||
8 | contagious disease proscribed by rule or regulation of the | ||||||
9 | Department. | ||||||
10 | 27. Being named as a perpetrator in an indicated | ||||||
11 | report by the Department of Children and Family Services | ||||||
12 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
13 | and upon proof by clear and convincing evidence that the | ||||||
14 | licensee has caused a child to be an abused child or | ||||||
15 | neglected child as defined in the Abused and Neglected | ||||||
16 | Child Reporting Act. | ||||||
17 | 28. Violating the Health Care Worker Self-Referral | ||||||
18 | Act. | ||||||
19 | 29. Abandonment of a patient. | ||||||
20 | 30. Mental incompetency as declared by a court of | ||||||
21 | competent jurisdiction. | ||||||
22 | 31. A finding by the Department that the licensee, | ||||||
23 | after having his or her license placed on probationary | ||||||
24 | status, has violated the terms of probation. | ||||||
25 | 32. Material misstatement in furnishing information to | ||||||
26 | the Department. |
| |||||||
| |||||||
1 | 33. Failing, within 60 days, to provide information in | ||||||
2 | response to a written request by the Department in the | ||||||
3 | course of an investigation. | ||||||
4 | 34. Immoral conduct in the commission of any act, | ||||||
5 | including, but not limited to, commission of an act of | ||||||
6 | sexual misconduct related to the licensee's practice. | ||||||
7 | 35. Cheating on or attempting to subvert the licensing | ||||||
8 | examination administered under this Act. | ||||||
9 | 36. A pattern of practice or other behavior that | ||||||
10 | demonstrates incapacity or incompetence to practice under | ||||||
11 | this Act. | ||||||
12 | 37. Failure to establish and maintain records of | ||||||
13 | patient care and treatment as required under this Act. | ||||||
14 | 38. Failure to provide copies of dental records as | ||||||
15 | required by law. | ||||||
16 | 39. Failure of a licensed dentist who owns or is | ||||||
17 | employed at a dental office to give notice of an office | ||||||
18 | closure to his or her patients at least 30 days prior to | ||||||
19 | the office closure pursuant to Section 50.1. | ||||||
20 | 40. Failure to maintain a sanitary work environment. | ||||||
21 | 41. Failure to comply with the provisions of Section | ||||||
22 | 17.2 of this Act. | ||||||
23 | All proceedings to suspend, revoke, place on probationary | ||||||
24 | status, or take any other disciplinary action as the | ||||||
25 | Department may deem proper, with regard to a license on any of | ||||||
26 | the foregoing grounds, must be commenced within 5 years after |
| |||||||
| |||||||
1 | receipt by the Department of a complaint alleging the | ||||||
2 | commission of or notice of the conviction order for any of the | ||||||
3 | acts described herein. Except for fraud in procuring a | ||||||
4 | license, no action shall be commenced more than 7 years after | ||||||
5 | the date of the incident or act alleged to have violated this | ||||||
6 | Section. The time during which the holder of the license was | ||||||
7 | outside the State of Illinois shall not be included within any | ||||||
8 | period of time limiting the commencement of disciplinary | ||||||
9 | action by the Department. | ||||||
10 | All fines imposed under this Section shall be paid within | ||||||
11 | 60 days after the effective date of the order imposing the fine | ||||||
12 | or in accordance with the terms set forth in the order imposing | ||||||
13 | the fine. | ||||||
14 | The Department may refuse to issue or may suspend the | ||||||
15 | license of any person who fails to file a return, or to pay the | ||||||
16 | tax, penalty or interest shown in a filed return, or to pay any | ||||||
17 | final assessment of tax, penalty or interest, as required by | ||||||
18 | any tax Act administered by the Illinois Department of | ||||||
19 | Revenue, until such time as the requirements of any such tax | ||||||
20 | Act are satisfied. | ||||||
21 | Any dentist who has had his or her license suspended or | ||||||
22 | revoked for more than 5 years must comply with the | ||||||
23 | requirements for restoration set forth in Section 16 prior to | ||||||
24 | being eligible for reinstatement from the suspension or | ||||||
25 | revocation. | ||||||
26 | (Source: P.A. 103-425, eff. 1-1-24 .)
|
| |||||||
| |||||||
1 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
2 | Practices Act is amended by adding Section 2EEEE as follows:
| ||||||
3 | (815 ILCS 505/2EEEE new) | ||||||
4 | Sec. 2EEEE. Violations concerning teledentistry under the | ||||||
5 | Illinois Dental Practice Act. Any person who violates Section | ||||||
6 | 17.2 of the Illinois Dental Practice Act commits an unlawful | ||||||
7 | practice within the meaning of this Act.
|