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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 4.16 and by adding Section 4.26 as follows:
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6 | (5 ILCS 80/4.16)
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7 | Sec. 4.16. Acts repealed January 1, 2006. The following | ||||||||||||||||||||||||||||||||||||||||||||||
8 | Acts are repealed January 1, 2006:
| ||||||||||||||||||||||||||||||||||||||||||||||
9 | The Respiratory Care Practice Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
10 | The Hearing Instrument Consumer Protection Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
11 | The Illinois Dental Practice Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
12 | The Professional Geologist Licensing Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
13 | The Illinois Athletic Trainers Practice Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
14 | The Barber, Cosmetology, Esthetics, and Nail Technology | ||||||||||||||||||||||||||||||||||||||||||||||
15 | Act of 1985.
| ||||||||||||||||||||||||||||||||||||||||||||||
16 | The Collection Agency Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
17 | The Illinois Roofing Industry Licensing Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
18 | The Illinois Physical Therapy Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | ||||||||||||||||||||||||||||||||||||||||||||||
20 | eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | ||||||||||||||||||||||||||||||||||||||||||||||
21 | eff. 8-20-95; 89-626, eff.
8-9-96.)
| ||||||||||||||||||||||||||||||||||||||||||||||
22 | (5 ILCS 80/4.26 new) | ||||||||||||||||||||||||||||||||||||||||||||||
23 | Sec. 4.26. Act repealed on January 1, 2016. The following | ||||||||||||||||||||||||||||||||||||||||||||||
24 | Act is repealed on January 1, 2016: | ||||||||||||||||||||||||||||||||||||||||||||||
25 | The Illinois Dental Practice Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
26 | Section 10. The Illinois Dental Practice Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||
27 | changing Sections 4, 11, 16, 16.1, 19, 23, 24, and 50 and by | ||||||||||||||||||||||||||||||||||||||||||||||
28 | adding Sections 8.2, 16.2, and 54.2 as follows:
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29 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
2 | Sec. 4. Definitions. As used in this Act:
| ||||||
3 | (a) "Department" means the Illinois Department of | ||||||
4 | Professional Regulation.
| ||||||
5 | (b) "Director" means the Director of Professional | ||||||
6 | Regulation.
| ||||||
7 | (c) "Board" means the Board of Dentistry established by | ||||||
8 | Section 6 of this
Act.
| ||||||
9 | (d) "Dentist" means a person who has received a general | ||||||
10 | license pursuant
to paragraph (a) of Section 11 of this Act or | ||||||
11 | a specialty license under subsection (b) of Section 11 of this | ||||||
12 | Act and who may perform any intraoral
and extraoral procedure | ||||||
13 | required in the practice of dentistry and to whom is
reserved | ||||||
14 | the responsibilities specified in Section 17.
| ||||||
15 | (e) "Dental hygienist" means a person who holds a license | ||||||
16 | under this Act to
perform dental services as authorized by | ||||||
17 | Section 18.
| ||||||
18 | (f) "Dental assistant" means an appropriately trained | ||||||
19 | person
who, under the supervision of a dentist, provides dental | ||||||
20 | services
as authorized by Section 17.
| ||||||
21 | (g) "Dental laboratory" means a person, firm or corporation | ||||||
22 | which:
| ||||||
23 | (i) engages in making, providing, repairing or | ||||||
24 | altering dental
prosthetic appliances and other artificial | ||||||
25 | materials and devices which are
returned to a dentist for | ||||||
26 | insertion into the human oral cavity or which
come in | ||||||
27 | contact with its adjacent structures and tissues; and
| ||||||
28 | (ii) utilizes or employs a dental technician to provide | ||||||
29 | such services; and
| ||||||
30 | (iii) performs such functions only for a dentist or | ||||||
31 | dentists.
| ||||||
32 | (h) "Supervision" means supervision of a dental hygienist | ||||||
33 | or a dental
assistant requiring that a dentist authorize the | ||||||
34 | procedure, remain in the
dental facility while the procedure is | ||||||
35 | performed, and approve the work
performed by the dental | ||||||
36 | hygienist or dental assistant before dismissal of
the patient, |
| |||||||
| |||||||
1 | but does not mean that the dentist must be present at all
times | ||||||
2 | in the treatment room.
| ||||||
3 | (i) "General supervision" means supervision of a dental | ||||||
4 | hygienist
requiring that the patient be a patient of record,
| ||||||
5 | that the dentist
examine the patient in accordance with Section | ||||||
6 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
7 | dentist authorize the procedures which
are being carried
out by | ||||||
8 | a notation in the patient's record, but not requiring that a | ||||||
9 | dentist
be present when the authorized
procedures are being | ||||||
10 | performed. The
issuance of a prescription to a dental | ||||||
11 | laboratory by a
dentist does not constitute general | ||||||
12 | supervision.
| ||||||
13 | (j) "Public member" means a person who is not a health | ||||||
14 | professional.
For purposes of board membership, any person with | ||||||
15 | a significant financial
interest in a health service or | ||||||
16 | profession is not a public member.
| ||||||
17 | (k) "Dentistry" means the healing art which is concerned | ||||||
18 | with the
examination, diagnosis, treatment planning and care of | ||||||
19 | conditions within
the human oral cavity and its adjacent | ||||||
20 | tissues and structures, as further
specified in Section 17.
| ||||||
21 | (l) "Branches of dentistry" means the various specialties | ||||||
22 | of dentistry
which, for purposes of this Act, shall be limited | ||||||
23 | to the following:
endodontics, oral and maxillofacial surgery, | ||||||
24 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
25 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
26 | radiology.
| ||||||
27 | (m) "Specialist" means a dentist who has received a | ||||||
28 | specialty license
pursuant to Section 11(b).
| ||||||
29 | (n) "Dental technician" means a person who owns, operates | ||||||
30 | or is
employed by a dental laboratory and engages in making, | ||||||
31 | providing, repairing
or altering dental prosthetic appliances | ||||||
32 | and other artificial materials and
devices which are returned | ||||||
33 | to a dentist for insertion into the human oral
cavity or which | ||||||
34 | come in contact with its adjacent structures and tissues.
| ||||||
35 | (o) "Impaired dentist" or "impaired dental hygienist" | ||||||
36 | means a dentist
or dental hygienist who is unable to practice |
| |||||||
| |||||||
1 | with
reasonable skill and safety because of a physical or | ||||||
2 | mental disability as
evidenced by a written determination or | ||||||
3 | written consent based on clinical
evidence, including | ||||||
4 | deterioration through the aging process, loss of motor
skills, | ||||||
5 | abuse of drugs or alcohol, or a psychiatric disorder, of | ||||||
6 | sufficient
degree to diminish the person's ability to deliver | ||||||
7 | competent patient care.
| ||||||
8 | (p) "Nurse" means a registered professional nurse, a | ||||||
9 | certified registered
nurse anesthetist licensed as an advanced | ||||||
10 | practice
nurse, or a licensed practical nurse licensed under | ||||||
11 | the Nursing and
Advanced Practice Nursing Act.
| ||||||
12 | (q) "Patient of record" means a patient for whom the | ||||||
13 | patient's most recent
dentist has obtained
a
relevant medical | ||||||
14 | and dental history and on whom the dentist has performed an
| ||||||
15 | examination and evaluated the condition to be treated.
| ||||||
16 | (r) "Titration" means the administration of a drug in small | ||||||
17 | incremental doses until a desired clinical effect is observed. | ||||||
18 | (s) "Dental emergency responder" means a dentist or dental | ||||||
19 | hygienist who is appropriately certified in emergency medical | ||||||
20 | response, as defined by the Department of Public Health.
| ||||||
21 | (Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02; | ||||||
22 | 93-821, eff. 7-28-04.)
| ||||||
23 | (225 ILCS 25/8.2 new) | ||||||
24 | Sec. 8.2. Titration of oral sedative agents. Titration of | ||||||
25 | an orally-administered sedative agent that exceeds the maximum | ||||||
26 | recommended dose of that agent is a violation of this Act and | ||||||
27 | may result in disciplinary action by the Department under | ||||||
28 | Section 23 of this Act.
| ||||||
29 | (225 ILCS 25/11) (from Ch. 111, par. 2311)
| ||||||
30 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
31 | Sec. 11. Types of Dental Licenses. The Department shall | ||||||
32 | have the
authority to issue the following types of licenses:
| ||||||
33 | (a) General licenses. The Department shall issue a license | ||||||
34 | authorizing
practice as a dentist to any person who qualifies |
| |||||||
| |||||||
1 | for a license under this Act.
| ||||||
2 | (b) Specialty licenses. The Department shall issue a
| ||||||
3 | license authorizing practice as a specialist in any particular
| ||||||
4 | branch of dentistry to any dentist who has complied with the
| ||||||
5 | requirements established for that particular branch of | ||||||
6 | dentistry at the
time of making application. The Department | ||||||
7 | shall establish additional
requirements of any dentist who | ||||||
8 | announces or holds himself or herself out
to the public as a | ||||||
9 | specialist or as being specially qualified in any
particular | ||||||
10 | branch of dentistry.
| ||||||
11 | The specialty license shall permit the holder of the | ||||||
12 | license to perform all phases of general dental procedures. The | ||||||
13 | Department shall require a person seeking licensure under this | ||||||
14 | subsection to show proof that they have passed either a State | ||||||
15 | or regional dental board exam required for a general license | ||||||
16 | under this Act.
| ||||||
17 | No dentist shall announce or hold himself or herself out to | ||||||
18 | the public as
a specialist or as being specially qualified in | ||||||
19 | any particular branch of
dentistry unless he or she is licensed | ||||||
20 | to practice in that specialty of
dentistry.
| ||||||
21 | The fact that any dentist shall announce by card, | ||||||
22 | letterhead or any
other form of communication using terms as | ||||||
23 | "Specialist," "Practice
Limited To" or "Limited to Specialty | ||||||
24 | of" with the name of the branch of
dentistry practiced as a | ||||||
25 | specialty, or shall use equivalent words or
phrases to announce | ||||||
26 | the same, shall be prima facie evidence that the
dentist is | ||||||
27 | holding himself or herself out to the public as a specialist.
| ||||||
28 | (c) Temporary training licenses. Persons who wish to pursue
| ||||||
29 | specialty or other advanced clinical educational programs
in an | ||||||
30 | approved dental school or a hospital situated
in this State, or | ||||||
31 | persons who wish to pursue programs of specialty
training in | ||||||
32 | dental public health in public agencies in this State, may
| ||||||
33 | receive without examination, in the discretion of the | ||||||
34 | Department, a
temporary training license. In order to receive a | ||||||
35 | temporary
training license under this subsection, an applicant | ||||||
36 | shall furnish
satisfactory proof to the Department that:
|
| |||||||
| |||||||
1 | (1) The applicant is at least 21 years of age and is of | ||||||
2 | good moral
character. In determining moral character under | ||||||
3 | this Section, the
Department may take into consideration | ||||||
4 | any felony conviction of the
applicant, but such a | ||||||
5 | conviction shall not operate as bar to licensure;
| ||||||
6 | (2) The applicant has been accepted or appointed for | ||||||
7 | specialty or
residency training by an approved hospital | ||||||
8 | situated in this State, by an
approved dental school | ||||||
9 | situated in this State, or by a public health agency
in | ||||||
10 | this State the training programs of which are recognized | ||||||
11 | and approved by
the Department. The applicant shall | ||||||
12 | indicate the beginning and ending
dates of the period for | ||||||
13 | which he or she has been accepted or appointed;
| ||||||
14 | (3) The applicant is a graduate of a dental school or | ||||||
15 | college approved
and in good standing in the judgment of | ||||||
16 | the Department.
The Department may consider diplomas or | ||||||
17 | certifications of education, or both,
accompanied by | ||||||
18 | transcripts of course work and credits awarded to determine
| ||||||
19 | if an applicant has graduated from a dental school or | ||||||
20 | college approved and
in good standing. The Department may | ||||||
21 | also consider diplomas or
certifications of education, or | ||||||
22 | both, accompanied by transcripts of course
work and credits | ||||||
23 | awarded in determining whether a dental school or college
| ||||||
24 | is approved and in good standing.
| ||||||
25 | Temporary training licenses issued under this
Section | ||||||
26 | shall be valid only for the duration of the period of residency | ||||||
27 | or
specialty training and may be extended or renewed as | ||||||
28 | prescribed by rule.
The holder of a valid temporary training | ||||||
29 | license shall be entitled thereby to
perform acts as may be | ||||||
30 | prescribed by and incidental to his or her program of
residency | ||||||
31 | or specialty training; but he or she shall not be entitled to
| ||||||
32 | engage in the practice of dentistry in this State.
| ||||||
33 | A temporary training license may be revoked by the
| ||||||
34 | Department upon proof that the holder has engaged in the
| ||||||
35 | practice of dentistry in this State outside of his or her | ||||||
36 | program of residency
or specialty training, or if the holder |
| |||||||
| |||||||
1 | shall fail to supply the
Department, within 10 days of its | ||||||
2 | request, with information as to his
or her current status and | ||||||
3 | activities in his or her specialty training program.
| ||||||
4 | (d) Restricted faculty licenses.
Persons who have received | ||||||
5 | full-time appointments to
teach dentistry at an approved dental | ||||||
6 | school or hospital situated in this
State may receive without | ||||||
7 | examination, in the discretion of the Department,
a restricted | ||||||
8 | faculty license. In order to
receive a restricted faculty | ||||||
9 | license an applicant shall furnish satisfactory
proof to the | ||||||
10 | Department that:
| ||||||
11 | (1) The applicant is at least 21 years of age, is of | ||||||
12 | good moral
character and is licensed to
practice dentistry | ||||||
13 | in another state or country; and
| ||||||
14 | (2) The applicant has a full-time appointment to teach
| ||||||
15 | dentistry at an approved
dental school or hospital situated | ||||||
16 | in this State.
| ||||||
17 | Restricted faculty licenses issued under
this Section | ||||||
18 | shall be
valid for a period of 3
2 years and may be extended or
| ||||||
19 | renewed. The
holder of a valid restricted faculty license
may | ||||||
20 | perform acts as may
be required by his or her teaching of | ||||||
21 | dentistry.
In addition, the holder of a restricted faculty | ||||||
22 | license may practice general
dentistry or in his or her area of | ||||||
23 | specialty, but only in a clinic or office
affiliated with the | ||||||
24 | dental school. Any restricted faculty license issued to a
| ||||||
25 | faculty member under this Section shall terminate immediately | ||||||
26 | and
automatically,
without any further action by the | ||||||
27 | Department, if the holder ceases to be a
faculty member at an | ||||||
28 | approved dental school or hospital in this State.
| ||||||
29 | The Department may revoke a restricted faculty license for | ||||||
30 | a violation of
this Act or its rules, or if the holder fails to
| ||||||
31 | supply the Department, within 10 days of its request, with | ||||||
32 | information as
to his current status and activities in his | ||||||
33 | teaching program.
| ||||||
34 | (e) Inactive status. Any person who holds one of the | ||||||
35 | licenses
under subsection (a) or (b) of Section 11 or under | ||||||
36 | Section 12 of this Act may
elect, upon payment of
the required |
| |||||||
| |||||||
1 | fee, to place his or her license on an inactive status and | ||||||
2 | shall,
subject to the rules of the
Department, be excused from | ||||||
3 | the payment of renewal fees until he or she
notifies the | ||||||
4 | Department in writing of his or her desire to resume active
| ||||||
5 | status.
| ||||||
6 | Any licensee requesting restoration from inactive status | ||||||
7 | shall be
required to pay the current renewal fee and upon | ||||||
8 | payment the Department
shall be required to restore his or her | ||||||
9 | license, as provided in Section 16 of
this Act.
| ||||||
10 | Any licensee whose license is in an
inactive status shall | ||||||
11 | not practice in the State of Illinois.
| ||||||
12 | (f) Certificates of Identification. In addition to the | ||||||
13 | licenses
authorized by this Section, the Department shall | ||||||
14 | deliver to each dentist a
certificate of identification in a | ||||||
15 | form specified by the Department.
| ||||||
16 | (Source: P.A. 92-280, eff. 1-1-02.)
| ||||||
17 | (225 ILCS 25/16) (from Ch. 111, par. 2316)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
19 | Sec. 16. Expiration, renewal and restoration of licenses. A
| ||||||
20 | The expiration
date and renewal period for each license issued | ||||||
21 | under this Act shall be valid for a period of 3 years and may be | ||||||
22 | renewed for additional 3-year periods
be set by
rule . A dentist | ||||||
23 | or dental hygienist may renew a license during the month
| ||||||
24 | preceding its expiration date by paying the required fee. A | ||||||
25 | dental hygienist
shall provide proof of current | ||||||
26 | cardiopulmonary resuscitation certification at
the time of | ||||||
27 | renewal.
| ||||||
28 | Any dentist or dental hygienist whose license has expired | ||||||
29 | or whose license is
on inactive status may have his license | ||||||
30 | restored at any time within 5 years
after the expiration | ||||||
31 | thereof, upon payment of the required fee.
| ||||||
32 | Any person whose license has been expired for more than 5 | ||||||
33 | years or who has
had his license on inactive status for more | ||||||
34 | than 5 years may have his license
restored by making | ||||||
35 | application to the Department and filing proof acceptable to
|
| |||||||
| |||||||
1 | the Department of his fitness to have license restored, | ||||||
2 | including sworn
evidence certifying to active practice in | ||||||
3 | another jurisdiction, and by paying
the required restoration | ||||||
4 | fee. A person practicing on an expired license is
deemed to be | ||||||
5 | practicing without a license. However, a holder of a license | ||||||
6 | may also renew the license within 90 days after its expiration | ||||||
7 | by complying with the requirements for renewal and payment of | ||||||
8 | an additional fee. A license renewal within 90 days after | ||||||
9 | expiration shall be effective retroactively to the expiration | ||||||
10 | date.
| ||||||
11 | If a person whose license has expired or who has had his | ||||||
12 | license on inactive
status for more than 5 years has not | ||||||
13 | maintained an active practice satisfactory
to the department, | ||||||
14 | the Department shall determine, by
an evaluation process | ||||||
15 | established by rule, his or her fitness to resume
active status | ||||||
16 | and may require the person to complete a period of evaluated
| ||||||
17 | clinical experience and may require successful completion of a | ||||||
18 | practical
examination.
| ||||||
19 | However, any person whose license has
expired while he has | ||||||
20 | been engaged (1) in federal or state service active
duty, or | ||||||
21 | (2) in training or education under the supervision of the | ||||||
22 | United
States preliminary to induction into the military | ||||||
23 | service, may have his
license restored without paying any | ||||||
24 | lapsed
renewal or restoration fee, if within 2 years after | ||||||
25 | termination of such
service, training or education other than | ||||||
26 | by dishonorable discharge, he
furnishes the Department with | ||||||
27 | satisfactory proof that he has been so
engaged and that his | ||||||
28 | service, training or education has been so terminated.
| ||||||
29 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||||||
30 | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
32 | Sec. 16.1. Continuing education. The Department shall | ||||||
33 | promulgate
rules of continuing education for persons licensed | ||||||
34 | under
this Act. In establishing rules, the Department shall | ||||||
35 | require a minimum of
48
32 hours of study in approved courses |
| |||||||
| |||||||
1 | for dentists during each 3-year
2 year
licensing period and a | ||||||
2 | minimum of 36
24 hours of study in approved courses for
dental | ||||||
3 | hygienists during each 3-year
2 year licensing period. These | ||||||
4 | continuing
education rules shall only apply to licenses renewed | ||||||
5 | after November 1, 1992.
| ||||||
6 | The Department shall approve only courses that are relevant | ||||||
7 | to the
treatment and care of patients, including, but not | ||||||
8 | limited to, clinical
courses in dentistry and dental hygiene | ||||||
9 | and nonclinical courses such as
patient management, legal and | ||||||
10 | ethical responsibilities, and stress
management. Courses shall | ||||||
11 | not be approved in such subjects as estate and
financial | ||||||
12 | planning, investments, or personal health. Approved courses | ||||||
13 | may
include, but shall not be limited to, courses that are | ||||||
14 | offered or sponsored
by approved colleges, universities, and | ||||||
15 | hospitals and by recognized
national, State, and local dental | ||||||
16 | and dental hygiene organizations.
| ||||||
17 | No license shall be renewed unless the
renewal application | ||||||
18 | is accompanied by an affidavit indicating that the
applicant | ||||||
19 | has completed the required minimum number of hours of | ||||||
20 | continuing
education in approved courses as required by this | ||||||
21 | Section.
The affidavit shall not require a listing of courses. | ||||||
22 | The affidavit
shall be a prima facie evidence that the | ||||||
23 | applicant has obtained the minimum
number of required | ||||||
24 | continuing education hours in approved courses. The
Department | ||||||
25 | shall not be obligated to conduct random
audits or otherwise | ||||||
26 | independently verify that an applicant has met the
continuing | ||||||
27 | education requirement.
The Department, however, may not | ||||||
28 | conduct random audits
of more than 10% of the licensed
dentists | ||||||
29 | and dental hygienists in any one licensing cycle
to verify | ||||||
30 | compliance
with continuing education requirements.
If the | ||||||
31 | Department, however, receives a
complaint that a licensee has | ||||||
32 | not completed the required continuing
education or if the | ||||||
33 | Department is investigating another alleged violation
of this | ||||||
34 | Act by a licensee, the Department may demand and shall be | ||||||
35 | entitled
to receive evidence from any licensee of completion of | ||||||
36 | required
continuing education courses for the most recently |
| |||||||
| |||||||
1 | completed 3-year
2 year
licensing period.
Evidence of | ||||||
2 | continuing education may include, but is not limited to, | ||||||
3 | canceled
checks, official verification forms of attendance, | ||||||
4 | and continuing education
recording forms, that demonstrate a | ||||||
5 | reasonable record of attendance. The
Illinois State Board of
| ||||||
6 | Dentistry shall determine, in accordance with rules adopted by | ||||||
7 | the
Department,
whether a licensee or applicant has met the | ||||||
8 | continuing education
requirements.
Any dentist who holds more | ||||||
9 | than one license under this
Act shall be required to complete
| ||||||
10 | only the minimum number of hours of continuing education | ||||||
11 | required for
renewal of a single license. The Department may | ||||||
12 | provide exemptions from
continuing education requirements. The | ||||||
13 | exemptions shall include, but shall
not be limited to, dentists | ||||||
14 | and dental hygienists who agree not to practice
within the | ||||||
15 | State during the licensing period because they are retired from
| ||||||
16 | practice.
| ||||||
17 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544, | ||||||
18 | eff.
1-1-98.)
| ||||||
19 | (225 ILCS 25/16.2 new)
| ||||||
20 | Sec. 16.2. Continued operation of dental practice upon | ||||||
21 | death or incapacitation of dentist. A surviving spouse, | ||||||
22 | personal representative of an estate, heir, legatee, guardian, | ||||||
23 | trustee, or person operating under a durable power-of-attorney | ||||||
24 | may employ, contract with, or otherwise make arrangements for a | ||||||
25 | dentist or dentists licensed under this Act to continue to | ||||||
26 | operate a dental practice under the name of a deceased or | ||||||
27 | incapacitated dentist for a period of one year and, upon a | ||||||
28 | showing of exceptional hardship or extenuating circumstance, | ||||||
29 | may seek an additional extension from the Board.
| ||||||
30 | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
32 | Sec. 19. Licensing Applicants from other States. Any person | ||||||
33 | who has
been lawfully licensed to practice dentistry , including | ||||||
34 | the practice of a licensed dental specialty, or dental hygiene |
| |||||||
| |||||||
1 | in
another state or territory
which has and maintains a | ||||||
2 | standard for the practice of dentistry , a dental specialty, or | ||||||
3 | dental
hygiene at least equal to that now maintained in this | ||||||
4 | State, or if the
requirements for licensure in such state or | ||||||
5 | territory in which the
applicant was licensed were, at the date | ||||||
6 | of his licensure, substantially
equivalent to the requirements | ||||||
7 | then in force in this State, and who has
been lawfully engaged | ||||||
8 | in
the practice of dentistry or dental hygiene for at least 3 | ||||||
9 | of the 5 years
immediately preceding the filing of his or her | ||||||
10 | application
to practice in this State
and who shall deposit | ||||||
11 | with the Department a duly attested certificate from
the Board | ||||||
12 | of the state or territory in which he or she is licensed,
| ||||||
13 | certifying to the fact of his or her licensing and of his or | ||||||
14 | her being a
person of good moral character may, upon payment of | ||||||
15 | the required fee, be
granted a license to practice dentistry , a | ||||||
16 | dental specialty, or dental hygiene in this State, as the case | ||||||
17 | may be.
| ||||||
18 | For the purposes of this Section, in computing 3 of the | ||||||
19 | immediately
preceding 5 years of
practice in another state or | ||||||
20 | territory, any person who left the practice
of dentistry to | ||||||
21 | enter the military service and who practiced dentistry
while in | ||||||
22 | the military service may count as a part of such period the
| ||||||
23 | time spent by him in such service.
| ||||||
24 | Applicants have 3 years from the date of application to | ||||||
25 | complete the
application process. If the process has not been | ||||||
26 | completed in 3 years,
the application shall be denied, the fee | ||||||
27 | forfeited and the
applicant must reapply and meet the | ||||||
28 | requirements in effect at the time of
reapplication.
| ||||||
29 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||||||
30 | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
32 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
33 | licenses. The
Department may refuse to issue or renew, or may | ||||||
34 | revoke, suspend, place on
probation, reprimand or take other | ||||||
35 | disciplinary action as the Department
may deem proper, |
| |||||||
| |||||||
1 | including fines not to exceed $10,000 per violation, with
| ||||||
2 | regard to any license for any one or any combination of
the | ||||||
3 | following causes:
| ||||||
4 | 1. Fraud in procuring the license.
| ||||||
5 | 2. Habitual intoxication or addiction to the use of drugs.
| ||||||
6 | 3. Wilful or repeated violations of the rules of the | ||||||
7 | Department of
Public Health or Department of Nuclear Safety.
| ||||||
8 | 4. Acceptance of a fee for service as a witness, without | ||||||
9 | the
knowledge of the court, in addition to the fee allowed by | ||||||
10 | the court.
| ||||||
11 | 5. Division of fees or agreeing to split or divide the fees | ||||||
12 | received
for dental services with any person for bringing or | ||||||
13 | referring a patient,
except in regard to referral services as | ||||||
14 | provided for under Section 45,
or assisting in the care or | ||||||
15 | treatment of a patient,
without the
knowledge of the patient or | ||||||
16 | his legal representative.
| ||||||
17 | 6. Employing, procuring, inducing, aiding or abetting a | ||||||
18 | person not
licensed or registered as a dentist to engage in the | ||||||
19 | practice of
dentistry. The person practiced upon is not an | ||||||
20 | accomplice, employer,
procurer, inducer, aider, or abetter | ||||||
21 | within the meaning of this Act.
| ||||||
22 | 7. Making any misrepresentations or false promises, | ||||||
23 | directly or
indirectly, to influence, persuade or induce dental | ||||||
24 | patronage.
| ||||||
25 | 8. Professional connection or association with or lending | ||||||
26 | his name
to another for the illegal practice of dentistry by | ||||||
27 | another, or
professional connection or association with any | ||||||
28 | person, firm or
corporation holding himself, herself, | ||||||
29 | themselves, or itself out in any manner
contrary to this Act.
| ||||||
30 | 9. Obtaining or seeking to obtain practice, money, or any | ||||||
31 | other
things of value by false or fraudulent representations, | ||||||
32 | but
not limited to, engaging in such fraudulent practice to | ||||||
33 | defraud the
medical assistance program of the Department of | ||||||
34 | Public Aid.
| ||||||
35 | 10. Practicing under a name other than his or her own.
| ||||||
36 | 11. Engaging in dishonorable,
unethical, or unprofessional |
| |||||||
| |||||||
1 | conduct of a character likely to deceive,
defraud, or harm the | ||||||
2 | public.
| ||||||
3 | 12. Conviction in this or another State of any crime which | ||||||
4 | is a
felony under the laws of this State or conviction of a | ||||||
5 | felony in a
federal court, conviction of a misdemeanor, an | ||||||
6 | essential element of which
is dishonesty, or conviction of any | ||||||
7 | crime which is directly related to the
practice of dentistry or | ||||||
8 | dental hygiene.
| ||||||
9 | 13. Permitting a dental hygienist, dental assistant or | ||||||
10 | other person
under his or her supervision to perform
any | ||||||
11 | operation not authorized by this Act.
| ||||||
12 | 14. Permitting more than 4 dental hygienists to be employed | ||||||
13 | under
his supervision at any one time.
| ||||||
14 | 15. A violation of any provision of this
Act or any rules | ||||||
15 | promulgated under this Act.
| ||||||
16 | 16. Taking impressions for or using the services of any | ||||||
17 | person, firm
or corporation violating this Act.
| ||||||
18 | 17. Violating any provision of Section 45 relating to | ||||||
19 | advertising.
| ||||||
20 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
21 | nation,
if at least one of the grounds for the discipline is | ||||||
22 | the
same or substantially equivalent to those set forth within | ||||||
23 | this Act.
| ||||||
24 | 19. Willfully failing to report an instance of suspected | ||||||
25 | child abuse or
neglect as required by the Abused and Neglected | ||||||
26 | Child Reporting
Act.
| ||||||
27 | 20. Gross or repeated malpractice resulting in injury or | ||||||
28 | death of a patient.
| ||||||
29 | 21. The use or prescription for use of narcotics or | ||||||
30 | controlled substances
or designated products as listed in the | ||||||
31 | Illinois Controlled Substances
Act, in any way other than for | ||||||
32 | therapeutic purposes.
| ||||||
33 | 22. Willfully making or filing false records or reports in | ||||||
34 | his practice
as a dentist, including, but not limited to, false | ||||||
35 | records to support claims
against the dental assistance program | ||||||
36 | of the Illinois Department of Public
Aid.
|
| |||||||
| |||||||
1 | 23. Professional incompetence as manifested by poor | ||||||
2 | standards of care.
| ||||||
3 | 24. Physical or mental illness, including, but not limited | ||||||
4 | to,
deterioration
through
the aging process, or loss of motor | ||||||
5 | skills which results in a dentist's
inability to practice | ||||||
6 | dentistry with reasonable judgment, skill or safety. In
| ||||||
7 | enforcing this paragraph, the Department may compel a person | ||||||
8 | licensed to
practice under this Act to submit to a mental or | ||||||
9 | physical examination pursuant
to the terms and conditions of | ||||||
10 | Section 23b.
| ||||||
11 | 25. Repeated irregularities in billing a third party for | ||||||
12 | services rendered
to a patient. For purposes of this paragraph | ||||||
13 | 25, "irregularities in billing"
shall include:
| ||||||
14 | (a) Reporting excessive charges for the purpose of | ||||||
15 | obtaining a total
payment
in excess of that usually | ||||||
16 | received by the dentist for the services rendered.
| ||||||
17 | (b) Reporting charges for services not rendered.
| ||||||
18 | (c) Incorrectly reporting services rendered for the | ||||||
19 | purpose of obtaining
payment not earned.
| ||||||
20 | 26. Continuing the active practice of dentistry while | ||||||
21 | knowingly having
any infectious, communicable, or contagious | ||||||
22 | disease proscribed by rule or
regulation of the Department.
| ||||||
23 | 27. Being named as a perpetrator in an indicated report by | ||||||
24 | the
Department of Children and Family Services pursuant to the | ||||||
25 | Abused and
Neglected Child Reporting Act, and upon
proof by | ||||||
26 | clear and convincing evidence that the licensee has
caused a | ||||||
27 | child to be an abused child or neglected child as defined in | ||||||
28 | the
Abused and Neglected Child Reporting Act.
| ||||||
29 | 28. Violating the Health Care Worker Self-Referral Act.
| ||||||
30 | 29. Abandonment of a patient.
| ||||||
31 | 30. Mental incompetency as declared by a court of competent
| ||||||
32 | jurisdiction. | ||||||
33 | 31. Violating Section 8.2 of this Act relating to titration | ||||||
34 | of oral sedative agents.
| ||||||
35 | All proceedings to suspend, revoke, place on probationary | ||||||
36 | status, or
take any other disciplinary action as the Department |
| |||||||
| |||||||
1 | may deem proper, with
regard to a license on any of the | ||||||
2 | foregoing grounds, must be commenced
within 3 years after | ||||||
3 | receipt by the Department of a complaint alleging the
| ||||||
4 | commission of or notice of the conviction order for any of the | ||||||
5 | acts
described herein. Except for fraud in procuring a license, | ||||||
6 | no
action shall be commenced more than 5 years after the date | ||||||
7 | of the incident
or act alleged to have violated this Section. | ||||||
8 | The time during which the
holder of the license was outside the | ||||||
9 | State of Illinois shall not be
included within any period of | ||||||
10 | time limiting the commencement of
disciplinary action by the | ||||||
11 | Department.
| ||||||
12 | The Department may refuse to issue or may suspend the | ||||||
13 | license of any
person who fails to file a return, or to pay the | ||||||
14 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
15 | final assessment of tax, penalty or
interest, as required by | ||||||
16 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
17 | until such time as the requirements of
any such tax Act are | ||||||
18 | satisfied.
| ||||||
19 | (Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01.)
| ||||||
20 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
22 | Sec. 50. Patient Records. Every dentist shall make
a record | ||||||
23 | of all dental work performed for each patient. The record shall
| ||||||
24 | be made in a manner and in sufficient detail that it may be | ||||||
25 | used for
identification purposes.
| ||||||
26 | Dental records required by this Section shall be maintained | ||||||
27 | for 10 years.
Dental records required to be maintained under | ||||||
28 | this Section, or copies
of those dental records, shall be made | ||||||
29 | available upon request to the
patient or the patient's | ||||||
30 | guardian . A dentist shall be entitled to reasonable | ||||||
31 | reimbursement for the cost of reproducing these records, which | ||||||
32 | shall not exceed the cost allowed by the Code of Civil | ||||||
33 | Procedure
, provided that the reasonable cost of
reproducing | ||||||
34 | the records has been paid by the patient or the patient's
| ||||||
35 | guardian .
|
| |||||||
| |||||||
1 | (Source: P.A. 87-576.)
| ||||||
2 | (225 ILCS 25/54.2 new)
| ||||||
3 | Sec. 54.2. Dental emergency responders. A dentist or dental | ||||||
4 | hygienist who is a dental emergency responder is deemed to be | ||||||
5 | acting within the bounds of his or her license when providing | ||||||
6 | care during a declared local, State, or national emergency.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|