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1 | AN ACT concerning professional 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 Illinois Dental Practice Act is amended by | |||||||||||||||||||||||
5 | changing Sections 9 and 25 and by adding Section 25.1 as | |||||||||||||||||||||||
6 | follows:
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7 | (225 ILCS 25/9) (from Ch. 111, par. 2309)
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8 | (Section scheduled to be repealed on January 1, 2006)
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9 | Sec. 9. Qualifications of Applicants for Dental Licenses. | |||||||||||||||||||||||
10 | The
Department shall require that each applicant for a license | |||||||||||||||||||||||
11 | to
practice dentistry shall:
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12 | (a) (Blank).
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13 | (b) Be at least 21 years of age and of good moral | |||||||||||||||||||||||
14 | character.
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15 | (c) (1) Present satisfactory evidence of completion of | |||||||||||||||||||||||
16 | dental
education by graduation from a dental college or school | |||||||||||||||||||||||
17 | in the United
States or Canada approved by the Department. The | |||||||||||||||||||||||
18 | Department shall not approve
any dental college or school which | |||||||||||||||||||||||
19 | does not require at least (A) 60 semester
hours of collegiate | |||||||||||||||||||||||
20 | credit or the equivalent in acceptable subjects from a
college | |||||||||||||||||||||||
21 | or university before admission, and (B) completion of at least | |||||||||||||||||||||||
22 | 4
academic years of instruction or the equivalent in an | |||||||||||||||||||||||
23 | approved dental college
or school before graduation; or
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24 | (2) Present satisfactory evidence of completion of dental | |||||||||||||||||||||||
25 | education by
graduation from a dental college or school outside | |||||||||||||||||||||||
26 | the United States or
Canada and provide satisfactory evidence | |||||||||||||||||||||||
27 | that:
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28 | (A) (blank)
the completion of a dental education | |||||||||||||||||||||||
29 | outside the United States or
Canada authorized the | |||||||||||||||||||||||
30 | applicant to practice dentistry in the country in
which he | |||||||||||||||||||||||
31 | or she completed the dental education ;
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32 | (B) the applicant has completed a minimum of 2 academic |
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1 | years of general
dental clinical training at a dental | ||||||
2 | college or school in the United States or
Canada approved | ||||||
3 | by the Department, except that an applicant who was | ||||||
4 | enrolled
for not less than one year in an approved clinical | ||||||
5 | program prior to January 1,
1993 at an Illinois dental | ||||||
6 | college or school shall be required to complete only
that | ||||||
7 | program; and
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8 | (C) the applicant has received certification from the | ||||||
9 | dean of an
approved dental college or school in the United | ||||||
10 | States or Canada stating that
the applicant has achieved | ||||||
11 | the same level of scientific knowledge and clinical
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12 | competence as required of all graduates of the college or | ||||||
13 | school.
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14 | Nothing in this Act shall be construed to prevent either | ||||||
15 | the Department or
any dental college or school from | ||||||
16 | establishing higher standards than
specified in this Act.
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17 | (d) In determining professional capacity under this | ||||||
18 | Section, any
individual who has not been actively engaged in | ||||||
19 | the practice of dentistry,
has not been a dental student, or | ||||||
20 | has not been engaged in a formal program
of dental education | ||||||
21 | during the 5 years immediately preceding the filing of an
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22 | application may be required to complete such additional | ||||||
23 | testing, training, or
remedial education as the Board may deem | ||||||
24 | necessary in order to establish
the applicant's present | ||||||
25 | capacity to practice dentistry with reasonable
judgment, | ||||||
26 | skill, and safety.
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27 | (e) Pass an examination authorized or given by the | ||||||
28 | Department
in the theory and practice of the science of | ||||||
29 | dentistry; provided,
that the Department (1) may recognize a | ||||||
30 | certificate granted by the National
Board of Dental Examiners | ||||||
31 | in lieu of, or subject to, such examination as
may be required | ||||||
32 | and (2) may recognize successful completion of the preclinical
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33 | and clinical examinations conducted by approved regional | ||||||
34 | testing services in
lieu of such examinations as may be | ||||||
35 | required. For purposes of this Section,
successful completion | ||||||
36 | shall mean that the applicant has achieved a minimum
passing |
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1 | score on the regional examinations as determined by each | ||||||
2 | approved
regional testing service.
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3 | (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; | ||||||
4 | 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. | ||||||
5 | 8-9-96.)
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6 | (225 ILCS 25/25) (from Ch. 111, par. 2325)
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7 | (Section scheduled to be repealed on January 1, 2006)
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8 | Sec. 25. Notice of hearing; investigations and informal
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9 | conferences.
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10 | (a) Upon the motion of
either the Department or the Board | ||||||
11 | or upon the verified complaint
in writing of any person setting | ||||||
12 | forth facts which
if proven would constitute grounds for | ||||||
13 | refusal, suspension or revocation
of license under this Act, | ||||||
14 | the Board shall
investigate the actions of any
person, | ||||||
15 | hereinafter called the respondent, who holds or
represents that | ||||||
16 | he
or she holds a license. All such motions or complaints shall | ||||||
17 | be brought to the Board.
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18 | (b) (Blank)
Prior to taking an in-person statement from a | ||||||
19 | dentist or
dental hygienist who is the subject of a complaint, | ||||||
20 | the investigator shall
inform the dentist or the dental | ||||||
21 | hygienist in writing:
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22 | (1) that the dentist or dental hygienist is the subject | ||||||
23 | of a complaint;
and
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24 | (2) that the dentist or dental hygienist
need not | ||||||
25 | immediately proceed with the interview and may seek | ||||||
26 | appropriate
consultation prior to consenting to the | ||||||
27 | interview.
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28 | A Department investigator's failure to comply with this | ||||||
29 | subsection may not
be the sole ground for dismissal of any | ||||||
30 | order of the Department filed upon a
finding of a violation or | ||||||
31 | for dismissal of a pending investigation .
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32 | (c) If the Department concludes on the basis of a complaint | ||||||
33 | or its initial
investigation that there is a possible violation | ||||||
34 | of the Act,
the
Department may:
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35 | (1) schedule a hearing pursuant to this Act; or
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1 | (2) request
in writing that the dentist or dental | ||||||
2 | hygienist being investigated attend an
informal
conference | ||||||
3 | with representatives of the Department.
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4 | The request for an informal conference shall contain the | ||||||
5 | nature of the
alleged actions or
inactions that constitute the | ||||||
6 | possible violations.
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7 | A dentist or dental hygienist shall be allowed to have | ||||||
8 | legal counsel at the
informal conference. If the informal | ||||||
9 | conference results in a consent order
between the accused | ||||||
10 | dentist or dental hygienist and the Department, the
consent | ||||||
11 | order shall be subject to approval by
must be approved by the | ||||||
12 | Board and the Director. Participation in
the informal | ||||||
13 | conference by a dentist, a dental hygienist, or the Department | ||||||
14 | and
any admissions or
stipulations made by a dentist, a dental | ||||||
15 | hygienist, or the Department at the
informal conference,
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16 | including any agreements in a consent order that is | ||||||
17 | subsequently disapproved
by either the Board or the Director, | ||||||
18 | shall not be used against the dentist,
dental hygienist, or | ||||||
19 | Department at any subsequent hearing and shall not become
a | ||||||
20 | part of the
record of the hearing.
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21 | (d) The Director shall, before suspending, revoking, | ||||||
22 | placing on
probationary
status, or taking any other | ||||||
23 | disciplinary action as the Director may deem
proper with regard | ||||||
24 | to any license, at least 30 days prior
to the date set for the | ||||||
25 | hearing, notify the respondent in
writing of any charges
made | ||||||
26 | and the time and place for a hearing of the charges before the | ||||||
27 | Board,
direct him or her to file his or her written answer | ||||||
28 | thereto to the Board
under oath within 20 days after the | ||||||
29 | service on him or her of such notice
and inform him or her that | ||||||
30 | if he or she fails to file such answer default
will be taken | ||||||
31 | against him or her and his or her license may be suspended,
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32 | revoked, placed on probationary status,
or other disciplinary | ||||||
33 | action may be taken with regard thereto, including
limiting the | ||||||
34 | scope, nature or extent of his or her practice, as the Director
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35 | may deem proper.
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36 | (e) Such written notice and any notice in such proceedings |
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1 | thereafter
may be
served by delivery personally to the | ||||||
2 | respondent, or by
registered or
certified mail to the address | ||||||
3 | last theretofore specified by the respondent
in his or her last | ||||||
4 | notification to the Director.
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5 | (Source: P.A. 91-689, eff. 1-1-01.)
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6 | (225 ILCS 25/25.1 new) | ||||||
7 | Sec. 25.1. Subpoena powers. The Department has power to | ||||||
8 | subpoena and bring before it any person in this State and to | ||||||
9 | take testimony either orally or by deposition, or both, with | ||||||
10 | the same fees and mileage and in the same manner as is | ||||||
11 | prescribed by law for judicial procedure in civil cases. | ||||||
12 | The Department, in the course of an investigation as to | ||||||
13 | whether or not a violation of one or more of the grounds for | ||||||
14 | discipline listed in Sections 23 or 24 of this Act has occurred | ||||||
15 | or is occurring, may subpoena the dental, pharmacy, and | ||||||
16 | hospital records of individual patients of dentists and dental | ||||||
17 | hygienists licensed under this Act. All dental records and | ||||||
18 | other information received pursuant to subpoena shall be | ||||||
19 | confidential and shall be afforded the same status as is | ||||||
20 | provided information concerning medical studies in Part 21 of | ||||||
21 | Article VIII of the Code of Civil Procedure. The use of such | ||||||
22 | records shall be restricted to members of the Board of | ||||||
23 | Dentistry, the dental coordinators, and appropriate staff of | ||||||
24 | the Department of Professional Regulation designated by the | ||||||
25 | Director for the purpose of determining the existence of one or | ||||||
26 | more grounds for discipline of the dentist or dental hygienist | ||||||
27 | as provided for by Sections 23 or 24 of this Act. Any such | ||||||
28 | review of individual patients' records shall be conducted by | ||||||
29 | the Department in strict confidentiality, provided that such | ||||||
30 | patient records shall be admissible in a disciplinary hearing, | ||||||
31 | before the Director, the Board of Dentistry, or a hearing | ||||||
32 | officer designated by the Department, when necessary to | ||||||
33 | substantiate the grounds for discipline alleged against the | ||||||
34 | dentist or dental hygienist licensed under this Act, and | ||||||
35 | provided further, that nothing herein shall be deemed to |
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1 | supersede the provisions of Part 21 of Article VIII of the Code | ||||||
2 | of Civil Procedure, to the extent applicable.
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