Sen. William R. Haine
Filed: 5/9/2005
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1 | AMENDMENT TO HOUSE BILL 875
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2 | AMENDMENT NO. ______. Amend House Bill 875, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
6 | changing Section 4.16 and by adding Section 4.26 as follows:
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7 | (5 ILCS 80/4.16)
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8 | Sec. 4.16. Acts repealed January 1, 2006. The following | ||||||
9 | Acts are repealed January 1, 2006:
| ||||||
10 | The Respiratory Care Practice Act.
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11 | The Hearing Instrument Consumer Protection Act.
| ||||||
12 | The Illinois Dental Practice Act.
| ||||||
13 | The Professional Geologist Licensing Act.
| ||||||
14 | The Illinois Athletic Trainers Practice Act.
| ||||||
15 | The Barber, Cosmetology, Esthetics, and Nail Technology | ||||||
16 | Act of 1985.
| ||||||
17 | The Collection Agency Act.
| ||||||
18 | The Illinois Roofing Industry Licensing Act.
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19 | The Illinois Physical Therapy Act.
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20 | (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | ||||||
21 | eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | ||||||
22 | eff. 8-20-95; 89-626, eff.
8-9-96.)
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23 | (5 ILCS 80/4.26 new) |
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1 | Sec. 4.26. Act repealed on January 1, 2016. The following | ||||||
2 | Act is repealed on January 1, 2016: | ||||||
3 | The Illinois Dental Practice Act.
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4 | Section 10. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 7, 9, 11, 16, 16.1, 19, 24, 25, and 50 and | ||||||
6 | by adding Sections 25.1 and 54.2 as follows:
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7 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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8 | (Section scheduled to be repealed on January 1, 2006)
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9 | Sec. 4. Definitions. As used in this Act:
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10 | (a) "Department" means the Illinois Department of | ||||||
11 | Professional Regulation.
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12 | (b) "Director" means the Director of Professional | ||||||
13 | Regulation.
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14 | (c) "Board" means the Board of Dentistry established by | ||||||
15 | Section 6 of this
Act.
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16 | (d) "Dentist" means a person who has received a general | ||||||
17 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
18 | who may perform any intraoral
and extraoral procedure required | ||||||
19 | in the practice of dentistry and to whom is
reserved the | ||||||
20 | responsibilities specified in Section 17.
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21 | (e) "Dental hygienist" means a person who holds a license | ||||||
22 | under this Act to
perform dental services as authorized by | ||||||
23 | Section 18.
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24 | (f) "Dental assistant" means an appropriately trained | ||||||
25 | person
who, under the supervision of a dentist, provides dental | ||||||
26 | services
as authorized by Section 17.
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27 | (g) "Dental laboratory" means a person, firm or corporation | ||||||
28 | which:
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29 | (i) engages in making, providing, repairing or | ||||||
30 | altering dental
prosthetic appliances and other artificial | ||||||
31 | materials and devices which are
returned to a dentist for | ||||||
32 | insertion into the human oral cavity or which
come in |
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1 | contact with its adjacent structures and tissues; and
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2 | (ii) utilizes or employs a dental technician to provide | ||||||
3 | such services; and
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4 | (iii) performs such functions only for a dentist or | ||||||
5 | dentists.
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6 | (h) "Supervision" means supervision of a dental hygienist | ||||||
7 | or a dental
assistant requiring that a dentist authorize the | ||||||
8 | procedure, remain in the
dental facility while the procedure is | ||||||
9 | performed, and approve the work
performed by the dental | ||||||
10 | hygienist or dental assistant before dismissal of
the patient, | ||||||
11 | but does not mean that the dentist must be present at all
times | ||||||
12 | in the treatment room.
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13 | (i) "General supervision" means supervision of a dental | ||||||
14 | hygienist
requiring that the patient be a patient of record,
| ||||||
15 | that the dentist
examine the patient in accordance with Section | ||||||
16 | 18 prior to treatment by the
dental hygienist, and that the
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17 | dentist authorize the procedures which
are being carried
out by | ||||||
18 | a notation in the patient's record, but not requiring that a | ||||||
19 | dentist
be present when the authorized
procedures are being | ||||||
20 | performed. The
issuance of a prescription to a dental | ||||||
21 | laboratory by a
dentist does not constitute general | ||||||
22 | supervision.
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23 | (j) "Public member" means a person who is not a health | ||||||
24 | professional.
For purposes of board membership, any person with | ||||||
25 | a significant financial
interest in a health service or | ||||||
26 | profession is not a public member.
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27 | (k) "Dentistry" means the healing art which is concerned | ||||||
28 | with the
examination, diagnosis, treatment planning and care of | ||||||
29 | conditions within
the human oral cavity and its adjacent | ||||||
30 | tissues and structures, as further
specified in Section 17.
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31 | (l) "Branches of dentistry" means the various specialties | ||||||
32 | of dentistry
which, for purposes of this Act, shall be limited | ||||||
33 | to the following:
endodontics, oral and maxillofacial surgery, | ||||||
34 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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1 | periodontics, prosthodontics, and oral and maxillofacial
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2 | radiology.
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3 | (m) "Specialist" means a dentist who has received a | ||||||
4 | specialty license
pursuant to Section 11(b).
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5 | (n) "Dental technician" means a person who owns, operates | ||||||
6 | or 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.
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11 | (o) "Impaired dentist" or "impaired dental hygienist" | ||||||
12 | means a dentist
or dental hygienist who is unable to practice | ||||||
13 | with
reasonable skill and safety because of a physical or | ||||||
14 | mental disability as
evidenced by a written determination or | ||||||
15 | written consent based on clinical
evidence, including | ||||||
16 | deterioration through the aging process, loss of motor
skills, | ||||||
17 | abuse of drugs or alcohol, or a psychiatric disorder, of | ||||||
18 | sufficient
degree to diminish the person's ability to deliver | ||||||
19 | competent patient care.
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20 | (p) "Nurse" means a registered professional nurse, a | ||||||
21 | certified registered
nurse anesthetist licensed as an advanced | ||||||
22 | practice
nurse, or a licensed practical nurse licensed under | ||||||
23 | the Nursing and
Advanced Practice Nursing Act.
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24 | (q) "Patient of record" means a patient for whom the | ||||||
25 | patient's most recent
dentist has obtained
a
relevant medical | ||||||
26 | and dental history and on whom the dentist has performed an
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27 | examination and evaluated the condition to be treated.
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28 | (s) "Dental emergency responder" means a dentist or dental | ||||||
29 | hygienist who is appropriately certified in emergency medical | ||||||
30 | response, as defined by the Department of Public Health.
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31 | (Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02; | ||||||
32 | 93-821, eff. 7-28-04.)
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33 | (225 ILCS 25/7) (from Ch. 111, par. 2307)
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1 | (Section scheduled to be repealed on January 1, 2006)
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2 | Sec. 7. Recommendations by Board of
Dentistry. The Director | ||||||
3 | shall consider the recommendations of the Board
in establishing | ||||||
4 | guidelines for professional conduct, for the conduct of
formal | ||||||
5 | disciplinary proceedings brought under this Act, and for
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6 | establishing guidelines for qualifications of applicants. | ||||||
7 | Notice of
proposed rulemaking shall be transmitted to the Board | ||||||
8 | and the Department
shall review the response of the Board and | ||||||
9 | any recommendations made
therein. Upon the vote of at least | ||||||
10 | 7/10 of the members of the Board, the
Department shall adopt | ||||||
11 | the recommendations of the Board in any rulemaking
under this | ||||||
12 | Act. The Department may, at any time, seek the expert advice
| ||||||
13 | and knowledge of the Board on any matter relating to the | ||||||
14 | administration or
enforcement of this Act.
The action or report | ||||||
15 | in writing of a majority of the Board shall be
sufficient | ||||||
16 | authority upon which the Director may act.
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17 | Whenever the Director is satisfied that substantial | ||||||
18 | justice has not been
done either in an examination or in the | ||||||
19 | revocation, suspension or refusal
to issue a license, the | ||||||
20 | Director may order a reexamination or rehearing.
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21 | (Source: P.A. 84-1308.)
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22 | (225 ILCS 25/9) (from Ch. 111, par. 2309)
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23 | (Section scheduled to be repealed on January 1, 2006)
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24 | Sec. 9. Qualifications of Applicants for Dental Licenses. | ||||||
25 | The
Department shall require that each applicant for a license | ||||||
26 | to
practice dentistry shall:
| ||||||
27 | (a) (Blank).
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28 | (b) Be at least 21 years of age and of good moral | ||||||
29 | character.
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30 | (c) (1) Present satisfactory evidence of completion of | ||||||
31 | dental
education by graduation from a dental college or school | ||||||
32 | in the United
States or Canada approved by the Department. The | ||||||
33 | Department shall not approve
any dental college or school which |
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1 | does not require at least (A) 60 semester
hours of collegiate | ||||||
2 | credit or the equivalent in acceptable subjects from a
college | ||||||
3 | or university before admission, and (B) completion of at least | ||||||
4 | 4
academic years of instruction or the equivalent in an | ||||||
5 | approved dental college
or school before graduation; or
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6 | (2) Present satisfactory evidence of completion of dental | ||||||
7 | education by
graduation from a dental college or school outside | ||||||
8 | the United States or
Canada and provide satisfactory evidence | ||||||
9 | that:
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10 | (A) (blank)
the completion of a dental education | ||||||
11 | outside the United States or
Canada authorized the | ||||||
12 | applicant to practice dentistry in the country in
which he | ||||||
13 | or she completed the dental education ;
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14 | (B) the applicant has completed a minimum of 2 academic | ||||||
15 | years of general
dental clinical training at a dental | ||||||
16 | college or school in the United States or
Canada approved | ||||||
17 | by the Department, however, an accredited advanced dental | ||||||
18 | education program approved by the Department of no less | ||||||
19 | than 2 years may be substituted for the 2 academic years of | ||||||
20 | general dental clinical training and
except that an | ||||||
21 | applicant who was enrolled
for not less than one year in an | ||||||
22 | approved clinical program prior to January 1,
1993 at an | ||||||
23 | Illinois dental college or school shall be required to | ||||||
24 | complete only
that program; and
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25 | (C) the applicant has received certification from the | ||||||
26 | dean of an
approved dental college or school in the United | ||||||
27 | States or Canada or the program director of an approved | ||||||
28 | advanced dental education program stating that
the | ||||||
29 | applicant has achieved the same level of scientific | ||||||
30 | knowledge and clinical
competence as required of all | ||||||
31 | graduates of the college ,
or school , or advanced dental | ||||||
32 | education program .
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33 | Nothing in this Act shall be construed to prevent either | ||||||
34 | the Department or
any dental college or school from |
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1 | establishing higher standards than
specified in this Act.
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2 | (d) In determining professional capacity under this | ||||||
3 | Section, any
individual who has not been actively engaged in | ||||||
4 | the practice of dentistry,
has not been a dental student, or | ||||||
5 | has not been engaged in a formal program
of dental education | ||||||
6 | during the 5 years immediately preceding the filing of an
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7 | application may be required to complete such additional | ||||||
8 | testing, training, or
remedial education as the Board may deem | ||||||
9 | necessary in order to establish
the applicant's present | ||||||
10 | capacity to practice dentistry with reasonable
judgment, | ||||||
11 | skill, and safety.
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12 | (e) Pass an examination authorized or given by the | ||||||
13 | Department
in the theory and practice of the science of | ||||||
14 | dentistry; provided,
that the Department (1) may recognize a | ||||||
15 | certificate granted by the National
Board of Dental Examiners | ||||||
16 | in lieu of, or subject to, such examination as
may be required | ||||||
17 | and (2) may recognize successful completion of the preclinical
| ||||||
18 | and clinical examination
examinations conducted by approved | ||||||
19 | regional testing services in
lieu of such examinations as may | ||||||
20 | be required. For purposes of this Section,
successful | ||||||
21 | completion shall mean that the applicant has achieved a minimum
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22 | passing score on the regional examinations as determined by | ||||||
23 | each approved
regional testing service.
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24 | (Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95; | ||||||
25 | 89-116, eff.
7-7-95; 89-387, eff. 8-20-95; 89-626, eff. | ||||||
26 | 8-9-96.)
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27 | (225 ILCS 25/11) (from Ch. 111, par. 2311)
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28 | (Section scheduled to be repealed on January 1, 2006)
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29 | Sec. 11. Types of Dental Licenses. The Department shall | ||||||
30 | have the
authority to issue the following types of licenses:
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31 | (a) General licenses. The Department shall issue a license | ||||||
32 | authorizing
practice as a dentist to any person who qualifies | ||||||
33 | for a license under this Act.
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1 | (b) Specialty licenses. The Department shall issue a
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2 | license authorizing practice as a specialist in any particular
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3 | branch of dentistry to any dentist who has complied with the
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4 | requirements established for that particular branch of | ||||||
5 | dentistry at the
time of making application. The Department | ||||||
6 | shall establish additional
requirements of any dentist who | ||||||
7 | announces or holds himself or herself out
to the public as a | ||||||
8 | specialist or as being specially qualified in any
particular | ||||||
9 | branch of dentistry.
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10 | No dentist shall announce or hold himself or herself out to | ||||||
11 | the public as
a specialist or as being specially qualified in | ||||||
12 | any particular branch of
dentistry unless he or she is licensed | ||||||
13 | to practice in that specialty of
dentistry.
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14 | The fact that any dentist shall announce by card, | ||||||
15 | letterhead or any
other form of communication using terms as | ||||||
16 | "Specialist," "Practice
Limited To" or "Limited to Specialty | ||||||
17 | of" with the name of the branch of
dentistry practiced as a | ||||||
18 | specialty, or shall use equivalent words or
phrases to announce | ||||||
19 | the same, shall be prima facie evidence that the
dentist is | ||||||
20 | holding himself or herself out to the public as a specialist.
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21 | (c) Temporary training licenses. Persons who wish to pursue
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22 | specialty or other advanced clinical educational programs
in an | ||||||
23 | approved dental school or a hospital situated
in this State, or | ||||||
24 | persons who wish to pursue programs of specialty
training in | ||||||
25 | dental public health in public agencies in this State, may
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26 | receive without examination, in the discretion of the | ||||||
27 | Department, a
temporary training license. In order to receive a | ||||||
28 | temporary
training license under this subsection, an applicant | ||||||
29 | shall furnish
satisfactory proof to the Department that:
| ||||||
30 | (1) The applicant is at least 21 years of age and is of | ||||||
31 | good moral
character. In determining moral character under | ||||||
32 | this Section, the
Department may take into consideration | ||||||
33 | any felony conviction of the
applicant, but such a | ||||||
34 | conviction shall not operate as bar to licensure;
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1 | (2) The applicant has been accepted or appointed for | ||||||
2 | specialty or
residency training by an approved hospital | ||||||
3 | situated in this State, by an
approved dental school | ||||||
4 | situated in this State, or by a public health agency
in | ||||||
5 | this State the training programs of which are recognized | ||||||
6 | and approved by
the Department. The applicant shall | ||||||
7 | indicate the beginning and ending
dates of the period for | ||||||
8 | which he or she has been accepted or appointed;
| ||||||
9 | (3) The applicant is a graduate of a dental school or | ||||||
10 | college approved
and in good standing in the judgment of | ||||||
11 | the Department.
The Department may consider diplomas or | ||||||
12 | certifications of education, or both,
accompanied by | ||||||
13 | transcripts of course work and credits awarded to determine
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14 | if an applicant has graduated from a dental school or | ||||||
15 | college approved and
in good standing. The Department may | ||||||
16 | also consider diplomas or
certifications of education, or | ||||||
17 | both, accompanied by transcripts of course
work and credits | ||||||
18 | awarded in determining whether a dental school or college
| ||||||
19 | is approved and in good standing.
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20 | Temporary training licenses issued under this
Section | ||||||
21 | shall be valid only for the duration of the period of residency | ||||||
22 | or
specialty training and may be extended or renewed as | ||||||
23 | prescribed by rule.
The holder of a valid temporary training | ||||||
24 | license shall be entitled thereby to
perform acts as may be | ||||||
25 | prescribed by and incidental to his or her program of
residency | ||||||
26 | or specialty training; but he or she shall not be entitled to
| ||||||
27 | engage in the practice of dentistry in this State.
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28 | A temporary training license may be revoked by the
| ||||||
29 | Department upon proof that the holder has engaged in the
| ||||||
30 | practice of dentistry in this State outside of his or her | ||||||
31 | program of residency
or specialty training, or if the holder | ||||||
32 | shall fail to supply the
Department, within 10 days of its | ||||||
33 | request, with information as to his
or her current status and | ||||||
34 | activities in his or her specialty training program.
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1 | (d) Restricted faculty licenses.
Persons who have received | ||||||
2 | full-time appointments to
teach dentistry at an approved dental | ||||||
3 | school or hospital situated in this
State may receive without | ||||||
4 | examination, in the discretion of the Department,
a restricted | ||||||
5 | faculty license. In order to
receive a restricted faculty | ||||||
6 | license an applicant shall furnish satisfactory
proof to the | ||||||
7 | Department that:
| ||||||
8 | (1) The applicant is at least 21 years of age, is of | ||||||
9 | good moral
character and is licensed to
practice dentistry | ||||||
10 | in another state or country; and
| ||||||
11 | (2) The applicant has a full-time appointment to teach
| ||||||
12 | dentistry at an approved
dental school or hospital situated | ||||||
13 | in this State.
| ||||||
14 | Restricted faculty licenses issued under
this Section | ||||||
15 | shall be
valid for a period of 3
2 years and may be extended or
| ||||||
16 | renewed. The
holder of a valid restricted faculty license
may | ||||||
17 | perform acts as may
be required by his or her teaching of | ||||||
18 | dentistry.
In addition, the holder of a restricted faculty | ||||||
19 | license may practice general
dentistry or in his or her area of | ||||||
20 | specialty, but only in a clinic or office
affiliated with the | ||||||
21 | dental school. Any restricted faculty license issued to a
| ||||||
22 | faculty member under this Section shall terminate immediately | ||||||
23 | and
automatically,
without any further action by the | ||||||
24 | Department, if the holder ceases to be a
faculty member at an | ||||||
25 | approved dental school or hospital in this State.
| ||||||
26 | The Department may revoke a restricted faculty license for | ||||||
27 | a violation of
this Act or its rules, or if the holder fails to
| ||||||
28 | supply the Department, within 10 days of its request, with | ||||||
29 | information as
to his current status and activities in his | ||||||
30 | teaching program.
| ||||||
31 | (e) Inactive status. Any person who holds one of the | ||||||
32 | licenses
under subsection (a) or (b) of Section 11 or under | ||||||
33 | Section 12 of this Act may
elect, upon payment of
the required | ||||||
34 | fee, to place his or her license on an inactive status and |
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1 | shall,
subject to the rules of the
Department, be excused from | ||||||
2 | the payment of renewal fees until he or she
notifies the | ||||||
3 | Department in writing of his or her desire to resume active
| ||||||
4 | status.
| ||||||
5 | Any licensee requesting restoration from inactive status | ||||||
6 | shall be
required to pay the current renewal fee and upon | ||||||
7 | payment the Department
shall be required to restore his or her | ||||||
8 | license, as provided in Section 16 of
this Act.
| ||||||
9 | Any licensee whose license is in an
inactive status shall | ||||||
10 | not practice in the State of Illinois.
| ||||||
11 | (f) Certificates of Identification. In addition to the | ||||||
12 | licenses
authorized by this Section, the Department shall | ||||||
13 | deliver to each dentist a
certificate of identification in a | ||||||
14 | form specified by the Department.
| ||||||
15 | (Source: P.A. 92-280, eff. 1-1-02.)
| ||||||
16 | (225 ILCS 25/16) (from Ch. 111, par. 2316)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
18 | Sec. 16. Expiration, renewal and restoration of licenses.
| ||||||
19 | The expiration
date and renewal date
period for each license | ||||||
20 | issued under this Act shall
be set by
rule. The renewal period | ||||||
21 | for each license issued under this Act shall be 3 years. A | ||||||
22 | dentist or dental hygienist may renew a license during the | ||||||
23 | month
preceding its expiration date by paying the required fee. | ||||||
24 | A dental hygienist
shall provide proof of current | ||||||
25 | cardiopulmonary resuscitation certification at
the time of | ||||||
26 | renewal.
| ||||||
27 | Any dentist or dental hygienist whose license has expired | ||||||
28 | or whose license is
on inactive status may have his license | ||||||
29 | restored at any time within 5 years
after the expiration | ||||||
30 | thereof, upon payment of the required fee and a showing of | ||||||
31 | proof of compliance with current continuing education | ||||||
32 | requirements, as provided by rule .
| ||||||
33 | Any person whose license has been expired for more than 5 |
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| |||||||
1 | years or who has
had his license on inactive status for more | ||||||
2 | than 5 years may have his license
restored by making | ||||||
3 | application to the Department and filing proof acceptable to
| ||||||
4 | the Department of taking continuing education and of his | ||||||
5 | fitness to have the license restored, including sworn
evidence | ||||||
6 | certifying to active practice in another jurisdiction, and by | ||||||
7 | paying
the required restoration fee. A person practicing on an | ||||||
8 | expired license is
deemed to be practicing without a license. | ||||||
9 | However, a holder of a license may renew the license within 90 | ||||||
10 | days after its expiration by complying with the requirements | ||||||
11 | for renewal and payment of an additional fee. A license renewal | ||||||
12 | within 90 days after expiration shall be effective | ||||||
13 | retroactively to the expiration date.
| ||||||
14 | If a person whose license has expired or who has had his | ||||||
15 | license on inactive
status for more than 5 years has not | ||||||
16 | maintained an active practice satisfactory
to the department, | ||||||
17 | the Department shall determine, by
an evaluation process | ||||||
18 | established by rule, his or her fitness to resume
active status | ||||||
19 | and may require the person to complete a period of evaluated
| ||||||
20 | clinical experience and may require successful completion of a | ||||||
21 | practical
examination.
| ||||||
22 | However, any person whose license has
expired while he has | ||||||
23 | been engaged (1) in federal or state service active
duty, or | ||||||
24 | (2) in training or education under the supervision of the | ||||||
25 | United
States preliminary to induction into the military | ||||||
26 | service, may have his
license restored without paying any | ||||||
27 | lapsed
renewal or restoration fee, if within 2 years after | ||||||
28 | termination of such
service, training or education other than | ||||||
29 | by dishonorable discharge, he
furnishes the Department with | ||||||
30 | satisfactory proof that he has been so
engaged and that his | ||||||
31 | service, training or education has been so terminated.
| ||||||
32 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||||||
33 | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
2 | Sec. 16.1. Continuing education. The Department shall | ||||||
3 | promulgate
rules of continuing education for persons licensed | ||||||
4 | under
this Act. In establishing rules, the Department shall | ||||||
5 | require a minimum of
48
32 hours of study in approved courses | ||||||
6 | for dentists during each 3-year
2 year
licensing period and a | ||||||
7 | minimum of 36
24 hours of study in approved courses for
dental | ||||||
8 | hygienists during each 3-year
2 year licensing period. These | ||||||
9 | continuing
education rules shall only apply to licenses renewed | ||||||
10 | after November 1, 1992.
| ||||||
11 | The Department shall approve only courses that are relevant | ||||||
12 | to the
treatment and care of patients, including, but not | ||||||
13 | limited to, clinical
courses in dentistry and dental hygiene | ||||||
14 | and nonclinical courses such as
patient management, legal and | ||||||
15 | ethical responsibilities, and stress
management. Courses shall | ||||||
16 | not be approved in such subjects as estate and
financial | ||||||
17 | planning, investments, or personal health. Approved courses | ||||||
18 | may
include, but shall not be limited to, courses that are | ||||||
19 | offered or sponsored
by approved colleges, universities, and | ||||||
20 | hospitals and by recognized
national, State, and local dental | ||||||
21 | and dental hygiene organizations.
| ||||||
22 | No license shall be renewed unless the
renewal application | ||||||
23 | is accompanied by an affidavit indicating that the
applicant | ||||||
24 | has completed the required minimum number of hours of | ||||||
25 | continuing
education in approved courses as required by this | ||||||
26 | Section.
The affidavit shall not require a listing of courses. | ||||||
27 | The affidavit
shall be a prima facie evidence that the | ||||||
28 | applicant has obtained the minimum
number of required | ||||||
29 | continuing education hours in approved courses. The
Department | ||||||
30 | shall not be obligated to conduct random
audits or otherwise | ||||||
31 | independently verify that an applicant has met the
continuing | ||||||
32 | education requirement.
The Department, however, may not | ||||||
33 | conduct random audits
of more than 10% of the licensed
dentists | ||||||
34 | and dental hygienists in any one licensing cycle
to verify |
| |||||||
| |||||||
1 | compliance
with continuing education requirements.
If the | ||||||
2 | Department, however, receives a
complaint that a licensee has | ||||||
3 | not completed the required continuing
education or if the | ||||||
4 | Department is investigating another alleged violation
of this | ||||||
5 | Act by a licensee, the Department may demand and shall be | ||||||
6 | entitled
to receive evidence from any licensee of completion of | ||||||
7 | required
continuing education courses for the most recently | ||||||
8 | completed 3-year
2 year
licensing period.
Evidence of | ||||||
9 | continuing education may include, but is not limited to, | ||||||
10 | canceled
checks, official verification forms of attendance, | ||||||
11 | and continuing education
recording forms, that demonstrate a | ||||||
12 | reasonable record of attendance. The
Illinois State Board of
| ||||||
13 | Dentistry shall determine, in accordance with rules adopted by | ||||||
14 | the
Department,
whether a licensee or applicant has met the | ||||||
15 | continuing education
requirements.
Any dentist who holds more | ||||||
16 | than one license under this
Act shall be required to complete
| ||||||
17 | only the minimum number of hours of continuing education | ||||||
18 | required for
renewal of a single license. The Department may | ||||||
19 | provide exemptions from
continuing education requirements. The | ||||||
20 | exemptions shall include, but shall
not be limited to, dentists | ||||||
21 | and dental hygienists who agree not to practice
within the | ||||||
22 | State during the licensing period because they are retired from
| ||||||
23 | practice.
| ||||||
24 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544, | ||||||
25 | eff.
1-1-98.)
| ||||||
26 | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||||||
27 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
28 | Sec. 19. Licensing Applicants from other States. Any person | ||||||
29 | who has
been lawfully licensed to practice dentistry , including | ||||||
30 | the practice of a licensed dental specialty, or dental hygiene | ||||||
31 | in
another state or territory
which has and maintains a | ||||||
32 | standard for the practice of dentistry , a dental specialty, or | ||||||
33 | dental
hygiene at least equal to that now maintained in this |
| |||||||
| |||||||
1 | State, or if the
requirements for licensure in such state or | ||||||
2 | territory in which the
applicant was licensed were, at the date | ||||||
3 | of his licensure, substantially
equivalent to the requirements | ||||||
4 | then in force in this State, and who has
been lawfully engaged | ||||||
5 | in
the practice of dentistry or dental hygiene for at least 3 | ||||||
6 | of the 5 years
immediately preceding the filing of his or her | ||||||
7 | application
to practice in this State
and who shall deposit | ||||||
8 | with the Department a duly attested certificate from
the Board | ||||||
9 | of the state or territory in which he or she is licensed,
| ||||||
10 | certifying to the fact of his or her licensing and of his or | ||||||
11 | her being a
person of good moral character may, upon payment of | ||||||
12 | the required fee, be
granted a license to practice dentistry , a | ||||||
13 | dental specialty, or dental hygiene in this State, as the case | ||||||
14 | may be.
| ||||||
15 | For the purposes of this Section, in computing 3 of the | ||||||
16 | immediately
preceding 5 years of
practice in another state or | ||||||
17 | territory, any person who left the practice
of dentistry to | ||||||
18 | enter the military service and who practiced dentistry
while in | ||||||
19 | the military service may count as a part of such period the
| ||||||
20 | time spent by him in such service.
| ||||||
21 | Applicants have 3 years from the date of application to | ||||||
22 | complete the
application process. If the process has not been | ||||||
23 | completed in 3 years,
the application shall be denied, the fee | ||||||
24 | forfeited and the
applicant must reapply and meet the | ||||||
25 | requirements in effect at the time of
reapplication.
| ||||||
26 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||||||
27 | (225 ILCS 25/24) (from Ch. 111, par. 2324)
| ||||||
28 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
29 | Sec. 24. Refusal, Suspension or Revocation of Dental | ||||||
30 | Hygienist License. The
Department may refuse to issue or renew | ||||||
31 | or ,
may revoke, suspend, place on probation, reprimand or take | ||||||
32 | other
disciplinary action as the Department may deem proper, | ||||||
33 | including fines not
to exceed $2,500 per violation, with regard |
| |||||||
| |||||||
1 | to any dental hygienist license
for any one or any combination | ||||||
2 | of the following causes:
| ||||||
3 | 1. Fraud in procuring license.
| ||||||
4 | 2. Performing any operation not authorized by this Act.
| ||||||
5 | 3. Practicing dental hygiene other than under the | ||||||
6 | supervision of a
licensed dentist as provided by this Act.
| ||||||
7 | 4. The wilful violation of, or the wilful procuring of, or | ||||||
8 | knowingly
assisting in the violation of, any Act which is now | ||||||
9 | or which hereafter may
be in force in this State relating to | ||||||
10 | the use of habit-forming drugs.
| ||||||
11 | 5. The obtaining of, or an attempt to obtain a license, or | ||||||
12 | practice in the profession, or money, or any other thing
of | ||||||
13 | value by fraudulent representation.
| ||||||
14 | 6. Gross negligence in performing the operative procedure | ||||||
15 | of dental
hygiene.
| ||||||
16 | 7. Active practice of dental hygiene while knowingly having | ||||||
17 | any
infectious, communicable, or contagious disease proscribed | ||||||
18 | by rule
or regulation of the Department.
| ||||||
19 | 8. Habitual intoxication or addiction to the use of
| ||||||
20 | habit-forming drugs.
| ||||||
21 | 9. Conviction in this or another state of any crime which | ||||||
22 | is a felony
under the laws of this State or conviction of a | ||||||
23 | felony in a federal court,
if the Department determines, after | ||||||
24 | investigation, that such person has not
been sufficiently | ||||||
25 | rehabilitated to warrant the public trust.
| ||||||
26 | 10. Aiding or abetting the unlicensed practice of dentistry | ||||||
27 | or
dental hygiene.
| ||||||
28 | 11. Discipline by another U.S. jurisdiction or a foreign | ||||||
29 | nation, if at
least one of the grounds for the discipline is | ||||||
30 | the same or substantially
equivalent to those set forth in this | ||||||
31 | Act.
| ||||||
32 | 12. Violating the Health Care Worker Self-Referral Act.
| ||||||
33 | 13. Violating the prohibitions of Section 38.1 of this Act. | ||||||
34 | 14. Engaging in dishonorable, unethical, or unprofessional |
| |||||||
| |||||||
1 | conduct of a character likely to deceive, defraud, or harm the | ||||||
2 | public.
| ||||||
3 | The provisions of this Act relating to proceedings for the | ||||||
4 | suspension
and revocation of a license to practice dentistry | ||||||
5 | shall apply to
proceedings for the suspension or revocation of | ||||||
6 | a license as a dental
hygienist.
| ||||||
7 | (Source: P.A. 91-520, eff. 1-1-00.)
| ||||||
8 | (225 ILCS 25/25) (from Ch. 111, par. 2325)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
10 | Sec. 25. Notice of hearing; investigations and informal
| ||||||
11 | conferences.
| ||||||
12 | (a) Upon the motion of
either the Department or the Board | ||||||
13 | or upon the verified complaint
in writing of any person setting | ||||||
14 | forth facts which
if proven would constitute grounds for | ||||||
15 | refusal, suspension or revocation
of license under this Act, | ||||||
16 | the Board shall
investigate the actions of any
person, | ||||||
17 | hereinafter called the respondent, who holds or
represents that | ||||||
18 | he
holds a license. All such motions or complaints shall be | ||||||
19 | brought to the Board.
| ||||||
20 | (b) Prior to taking an in-person statement from a dentist | ||||||
21 | or
dental hygienist who is the subject of a complaint, the | ||||||
22 | investigator shall
inform the dentist or the dental hygienist | ||||||
23 | in writing:
| ||||||
24 | (1) that the dentist or dental hygienist is the subject | ||||||
25 | of a complaint;
and
| ||||||
26 | (2) that the dentist or dental hygienist
need not | ||||||
27 | immediately proceed with the interview and may seek | ||||||
28 | appropriate
consultation prior to consenting to the | ||||||
29 | interview ; and .
| ||||||
30 | (3) that failure of the dentist or dental hygienist to | ||||||
31 | proceed with the interview shall not prohibit the | ||||||
32 | Department from conducting a visual inspection of the | ||||||
33 | facility.
|
| |||||||
| |||||||
1 | A Department investigator's failure to comply with this | ||||||
2 | subsection may not
be the sole ground for dismissal of any | ||||||
3 | order of the Department filed upon a
finding of a violation or | ||||||
4 | for dismissal of a pending investigation.
| ||||||
5 | (c) If the Department concludes on the basis of a complaint | ||||||
6 | or its initial
investigation that there is a possible violation | ||||||
7 | of the Act,
the
Department may:
| ||||||
8 | (1) schedule a hearing pursuant to this Act; or
| ||||||
9 | (2) request
in writing that the dentist or dental | ||||||
10 | hygienist being investigated attend an
informal
conference | ||||||
11 | with representatives of the Department.
| ||||||
12 | The request for an informal conference shall contain the | ||||||
13 | nature of the
alleged actions or
inactions that constitute the | ||||||
14 | possible violations.
| ||||||
15 | A dentist or dental hygienist shall be allowed to have | ||||||
16 | legal counsel at the
informal conference. If the informal | ||||||
17 | conference results in a consent order
between the accused | ||||||
18 | dentist or dental hygienist and the Department, the
consent | ||||||
19 | order
must be approved by the Board and the Director. However, | ||||||
20 | if the consent order would result in a fine exceeding $5,000 or | ||||||
21 | the suspension or revocation of the dentist or dental hygienist | ||||||
22 | license, the consent order must be approved by the Board and | ||||||
23 | the Director. Participation in
the informal conference by a | ||||||
24 | dentist, a dental hygienist, or the Department and
any | ||||||
25 | admissions or
stipulations made by a dentist, a dental | ||||||
26 | hygienist, or the Department at the
informal conference,
| ||||||
27 | including any agreements in a consent order that is | ||||||
28 | subsequently disapproved
by either the Board or the Director, | ||||||
29 | shall not be used against the dentist,
dental hygienist, or | ||||||
30 | Department at any subsequent hearing and shall not become
a | ||||||
31 | part of the
record of the hearing.
| ||||||
32 | (d) The Director shall, before suspending, revoking, | ||||||
33 | placing on
probationary
status, or taking any other | ||||||
34 | disciplinary action as the Director may deem
proper with regard |
| |||||||
| |||||||
1 | to any license, at least 30 days prior
to the date set for the | ||||||
2 | hearing, notify the respondent in
writing of any charges
made | ||||||
3 | and the time and place for a hearing of the charges before the | ||||||
4 | Board,
direct him or her to file his or her written answer | ||||||
5 | thereto to the Board
under oath within 20 days after the | ||||||
6 | service on him or her of such notice
and inform him or her that | ||||||
7 | if he or she fails to file such answer default
will be taken | ||||||
8 | against him or her and his or her license may be suspended,
| ||||||
9 | revoked, placed on probationary status,
or other disciplinary | ||||||
10 | action may be taken with regard thereto, including
limiting the | ||||||
11 | scope, nature or extent of his or her practice, as the Director
| ||||||
12 | may deem proper.
| ||||||
13 | (e) Such written notice and any notice in such proceedings | ||||||
14 | thereafter
may be
served by delivery personally to the | ||||||
15 | respondent, or by
registered or
certified mail to the address | ||||||
16 | last theretofore specified by the respondent
in his or her last | ||||||
17 | notification to the Director.
| ||||||
18 | (Source: P.A. 91-689, eff. 1-1-01.)
| ||||||
19 | (225 ILCS 25/25.1 new)
| ||||||
20 | Sec. 25.1. Subpoena powers.
| ||||||
21 | (a) The Department, upon a determination by the chairperson | ||||||
22 | of the Board that reasonable cause exists that a violation of | ||||||
23 | one or more of the grounds for discipline set forth in Section | ||||||
24 | 23 or Section 24 of this Act has occurred or is occurring, may | ||||||
25 | subpoena the dental records of individual patients of dentists | ||||||
26 | and dental hygienists licensed under this Act. | ||||||
27 | (b) Notwithstanding subsection (a) of this Section, the | ||||||
28 | Board and the Department may subpoena copies of hospital, | ||||||
29 | medical, or dental records in mandatory report cases alleging | ||||||
30 | death or permanent bodily injury when consent to obtain the | ||||||
31 | records has not been provided by a patient or a patient's legal | ||||||
32 | representative. All records and other information received | ||||||
33 | pursuant to a subpoena shall be confidential and shall be |
| |||||||
| |||||||
1 | afforded the same status as information concerning medical | ||||||
2 | studies under Part 21 of Article VIII of the Code of Civil | ||||||
3 | Procedure. The use of these records shall be restricted to | ||||||
4 | members of the Board, the dental coordinator, and appropriate | ||||||
5 | Department staff designated by the Secretary for the purpose of | ||||||
6 | determining the existence of one or more grounds for discipline | ||||||
7 | of the dentist of dental hygienist as provided for in Section | ||||||
8 | 23 or Section 24 of this Act. | ||||||
9 | (c) Any review of an individual patient's records shall be | ||||||
10 | conducted by the Department in strict confidentiality, | ||||||
11 | provided that the patient records shall be admissible in a | ||||||
12 | disciplinary hearing before the Secretary, the Board, or a | ||||||
13 | hearing officer designated by the Department when necessary to | ||||||
14 | substantiate the grounds for discipline alleged against the | ||||||
15 | dentist or dental hygienist licensed under this Act. | ||||||
16 | (d) The Department may provide reimbursement for fees and | ||||||
17 | mileage associated with its subpoena power in the same manner | ||||||
18 | prescribed by law for judicial procedure in a civil cases. | ||||||
19 | (e) Nothing in this Section shall be deemed to supersede | ||||||
20 | the provisions of Part 21 of Article VIII of the Code of Civil | ||||||
21 | Procedure, now or hereafter amended, to the extent applicable.
| ||||||
22 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
24 | Sec. 50. Patient Records. Every dentist shall make
a record | ||||||
25 | of all dental work performed for each patient. The record shall
| ||||||
26 | be made in a manner and in sufficient detail that it may be | ||||||
27 | used for
identification purposes.
| ||||||
28 | Dental records required by this Section shall be maintained | ||||||
29 | for 10 years.
Dental records required to be maintained under | ||||||
30 | this Section, or copies
of those dental records, shall be made | ||||||
31 | available upon request to the
patient or the patient's | ||||||
32 | guardian . A dentist shall be entitled to reasonable | ||||||
33 | reimbursement for the cost of reproducing these records, which |
| |||||||
| |||||||
1 | shall not exceed the cost allowed under Section 8-2003 of the | ||||||
2 | Code of Civil Procedure , provided that the reasonable cost of
| ||||||
3 | reproducing the records has been paid by the patient or the | ||||||
4 | patient's
guardian .
| ||||||
5 | (Source: P.A. 87-576.)
| ||||||
6 | (225 ILCS 25/54.2 new)
| ||||||
7 | Sec. 54.2. Dental emergency responders. A dentist or dental | ||||||
8 | hygienist who is a dental emergency responder is deemed to be | ||||||
9 | acting within the bounds of his or her license when providing | ||||||
10 | care during a declared local, State, or national emergency.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|