HB5059 103RD GENERAL ASSEMBLY

LRB103 36284 AWJ 66381 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5059

Introduced 2/8/2024, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

225 ILCS 25/11	from Ch. 111, par. 2311
225 ILCS 25/21	from Ch. 111, par. 2321

Amends the Illinois Dental Practice Act. Creates a pre-license practice allowance for an individual enrolled in a specialty or residency training program to practice dentistry prescribed by and incidental to the individual's program of residency or specialty training if the individual applied for a general dental license or a temporary training license. Provides for the conditions of and restrictions on a pre-license practice allowance. Waives the renewal fee for individuals who applied for initial licensure less than six months before the start of the renewal period. Waives the renewal fee for the 2024 license renewal cycle for faculty restricted licensees who paid renewal fees in 2022 and 2023 and whose licenses were terminated and then renewed by the Department of Financial and Professional Regulation. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Dental Practice Act is amended by changing Sections 11 and 21 as follows:

(225 ILCS 25/11) (from Ch. 111, par. 2311)

(Section scheduled to be repealed on January 1, 2026)

Sec. 11. Types of dental licenses. The Department shall have the authority to issue the following types of licenses, to excuse the payment of fees for inactive status, to deliver certificates of identification, and to extend pre-license practice allowances as follows:

(a) General licenses. The Department shall issue a license authorizing practice as a dentist to any person who qualifies for a license under this Act.

(b) Specialty licenses. The Department shall issue a license authorizing practice as a specialist in any particular branch of dentistry to any dentist who has complied with the requirements established for that particular branch of dentistry at the time of making application. The Department shall establish additional requirements of any dentist who announces or holds himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry.

No dentist shall announce or hold himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry unless he or she is licensed to practice in that specialty of dentistry.

The fact that any dentist shall announce by card, letterhead, or any other form of communication using terms as "Specialist", "Practice Limited To", or "Limited to Specialty of" with the name of the branch of dentistry practiced as a specialty, or shall use equivalent words or phrases to announce the same, shall be prima facie evidence that the dentist is holding himself or herself out to the public as a specialist.

(c) Temporary training licenses. Persons who wish to pursue specialty or other advanced clinical educational programs in an approved dental school or a hospital situated in this State, or persons who wish to pursue programs of specialty training in dental public health in public agencies in this State, may receive without examination, in the discretion of the Department, a temporary training license. In order to receive a temporary training license under this subsection, an applicant shall furnish satisfactory proof to the Department that:

(1) The applicant is at least 21 years of age and is of good moral character. In determining moral character under this Section, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as bar to licensure;

(2) The applicant has been accepted or appointed for specialty or residency training by an approved hospital situated in this State, by an approved dental school situated in this State, or by a public health agency in this State the training programs of which are recognized and approved by the Department. The applicant shall indicate the beginning and ending dates of the period for which he or she has been accepted or appointed;

(3) The applicant is a graduate of a dental school or college approved and in good standing in the judgment of the Department. The Department may consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded to determine if an applicant has graduated from a dental school or college approved and in good standing. The Department may also consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded in determining whether a dental school or college is approved and in good standing.

Temporary training licenses issued under this Section shall be valid only for the duration of the period of residency or specialty training and may be extended or renewed as prescribed by rule. The holder of a valid temporary training license shall be entitled thereby to perform acts as may be prescribed by and incidental to his or her program of residency or specialty training; but he or she shall not be entitled to engage in the practice of dentistry in this State.

A temporary training license may be revoked by the Department upon proof that the holder has engaged in the practice of dentistry in this State outside of his or her program of residency or specialty training, or if the holder shall fail to supply the Department, within 10 days of its request, with information as to his or her current status and activities in his or her specialty training program.

(d) Faculty limited licenses. Persons who have received full-time appointments to teach dentistry at an approved dental school or hospital situated in this State may receive without examination, in the discretion of the Department, a faculty limited license. In order to receive a faculty limited license an applicant shall furnish satisfactory proof to the Department that:

(1) The applicant is at least 21 years of age, is of good moral character, and is licensed to practice dentistry in another state or country; and

(2) The applicant has a full-time appointment to teach dentistry at an approved dental school or hospital situated in this State.

Faculty limited licenses issued under this Section shall be valid for a period of 3 years and may be extended or renewed. The holder of a valid faculty limited license may perform acts as may be required by his or her teaching of dentistry. The holder of a faculty limited license may practice general dentistry or in his or her area of specialty, but only in a clinic or office affiliated with the dental school. The holder of a faculty limited license may advertise a specialty degree as part of the licensee's ability to practice in a faculty practice. Any faculty limited license issued to a faculty member under this Section shall terminate immediately and automatically, without any further action by the Department, if the holder ceases to be a faculty member at an approved dental school or hospital in this State.

The Department may revoke a faculty limited license for a violation of this Act or its rules, or if the holder fails to supply the Department, within 10 days of its request, with information as to his or her current status and activities in his or her teaching program.

(e) Inactive status. Any person who holds one of the licenses under subsection (a) or (b) of Section 11 or under Section 12 of this Act may elect, upon payment of the required fee, to place his or her license on an inactive status and shall, subject to the rules of the Department, be excused from the payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.

Any licensee requesting restoration from inactive status shall be required to pay the current renewal fee and upon payment the Department shall be required to restore his or her license, as provided in Section 16 of this Act.

Any licensee whose license is in an inactive status shall not practice in the State of Illinois.

(f) Certificates of Identification. In addition to the licenses authorized by this Section, the Department shall deliver to each dentist a certificate of identification in a form specified by the Department.

(g) Pre-license practice allowance. An applicant for a general dental license or a temporary training license has a pre-license practice allowance to practice dentistry in a specialty or residency training program for a period of 3 months from the starting date of the program. Upon a request from the applicant, the Department may extend, in writing, the applicant's pre-license practice allowance for the specialty or residency training program. An applicant practicing dentistry under this subsection may only perform acts as are prescribed by and incidental to the applicant's program of residency or specialty training. An applicant practicing dentistry under this subsection must supply the specialty or residency training program a copy of the applicant's general license application or temporary training license application along with proof of certified mail of sending that application to the Department.

The applicant's authority to practice under this subsection shall terminate immediately upon: (1) the decision of the Department that the applicant failed the examination for dental licensure; (2) denial of licensure by the Department; or (3) withdrawal of the license application.

(Source: P.A. 103-425, eff. 1-1-24.)

(225 ILCS 25/21) (from Ch. 111, par. 2321)

(Section scheduled to be repealed on January 1, 2026)

Sec. 21. Fees. The fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration fees, shall be set by the Department by rule. However, the fee for application for renewal of a license as a dentist or specialist is $100 per year and the fee for application for renewal of a license as a dental hygienist is $50 per year. The fees shall be nonrefundable.

An applicant for initial licensure who applied for initial licensure during the time period beginning 6 months prior to the date of the start of the renewal period and until the date the renewal period is officially open for the specified renewal date is waived until the next renewal year.

For renewal year 2024, faculty restricted licensees who paid a renewal fee in the years 2022 or 2023 and whose licenses were terminated and then renewed by the Department shall be waived the renewal fee for the 2024 license renewal cycle.

(Source: P.A. 92-523, eff. 2-8-02.)

Section 99. Effective date. This Act takes effect upon becoming law.