103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5059

 

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

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/11  from Ch. 111, par. 2311
225 ILCS 25/21  from Ch. 111, par. 2321

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


LRB103 36284 AWJ 66381 b

 

 

A BILL FOR

 

HB5059LRB103 36284 AWJ 66381 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 11 and 21 as follows:
 
6    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 11. Types of dental licenses. The Department shall
9have the authority to issue the following types of licenses,
10to excuse the payment of fees for inactive status, to deliver
11certificates of identification, and to extend pre-license
12practice allowances as follows:
13    (a) General licenses. The Department shall issue a license
14authorizing practice as a dentist to any person who qualifies
15for a license under this Act.
16    (b) Specialty licenses. The Department shall issue a
17license authorizing practice as a specialist in any particular
18branch of dentistry to any dentist who has complied with the
19requirements established for that particular branch of
20dentistry at the time of making application. The Department
21shall establish additional requirements of any dentist who
22announces or holds himself or herself out to the public as a
23specialist or as being specially qualified in any particular

 

 

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1branch of dentistry.
2    No dentist shall announce or hold himself or herself out
3to the public as a specialist or as being specially qualified
4in any particular branch of dentistry unless he or she is
5licensed to practice in that specialty of dentistry.
6    The fact that any dentist shall announce by card,
7letterhead, or any other form of communication using terms as
8"Specialist", "Practice Limited To", or "Limited to Specialty
9of" with the name of the branch of dentistry practiced as a
10specialty, or shall use equivalent words or phrases to
11announce the same, shall be prima facie evidence that the
12dentist is holding himself or herself out to the public as a
13specialist.
14    (c) Temporary training licenses. Persons who wish to
15pursue specialty or other advanced clinical educational
16programs in an approved dental school or a hospital situated
17in this State, or persons who wish to pursue programs of
18specialty training in dental public health in public agencies
19in this State, may receive without examination, in the
20discretion of the Department, a temporary training license. In
21order to receive a temporary training license under this
22subsection, an applicant shall furnish satisfactory proof to
23the Department that:
24        (1) The applicant is at least 21 years of age and is of
25    good moral character. In determining moral character under
26    this Section, the Department may take into consideration

 

 

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1    any felony conviction of the applicant, but such a
2    conviction shall not operate as bar to licensure;
3        (2) The applicant has been accepted or appointed for
4    specialty or residency training by an approved hospital
5    situated in this State, by an approved dental school
6    situated in this State, or by a public health agency in
7    this State the training programs of which are recognized
8    and approved by the Department. The applicant shall
9    indicate the beginning and ending dates of the period for
10    which he or she has been accepted or appointed;
11        (3) The applicant is a graduate of a dental school or
12    college approved and in good standing in the judgment of
13    the Department. The Department may consider diplomas or
14    certifications of education, or both, accompanied by
15    transcripts of course work and credits awarded to
16    determine if an applicant has graduated from a dental
17    school or college approved and in good standing. The
18    Department may also consider diplomas or certifications of
19    education, or both, accompanied by transcripts of course
20    work and credits awarded in determining whether a dental
21    school or college is approved and in good standing.
22    Temporary training licenses issued under this Section
23shall be valid only for the duration of the period of residency
24or specialty training and may be extended or renewed as
25prescribed by rule. The holder of a valid temporary training
26license shall be entitled thereby to perform acts as may be

 

 

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1prescribed by and incidental to his or her program of
2residency or specialty training; but he or she shall not be
3entitled to engage in the practice of dentistry in this State.
4    A temporary training license may be revoked by the
5Department upon proof that the holder has engaged in the
6practice of dentistry in this State outside of his or her
7program of residency or specialty training, or if the holder
8shall fail to supply the Department, within 10 days of its
9request, with information as to his or her current status and
10activities in his or her specialty training program.
11    (d) Faculty limited licenses. Persons who have received
12full-time appointments to teach dentistry at an approved
13dental school or hospital situated in this State may receive
14without examination, in the discretion of the Department, a
15faculty limited license. In order to receive a faculty limited
16license an applicant shall furnish satisfactory proof to the
17Department that:
18        (1) The applicant is at least 21 years of age, is of
19    good moral character, and is licensed to practice
20    dentistry in another state or country; and
21        (2) The applicant has a full-time appointment to teach
22    dentistry at an approved dental school or hospital
23    situated in this State.
24    Faculty limited licenses issued under this Section shall
25be valid for a period of 3 years and may be extended or
26renewed. The holder of a valid faculty limited license may

 

 

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1perform acts as may be required by his or her teaching of
2dentistry. The holder of a faculty limited license may
3practice general dentistry or in his or her area of specialty,
4but only in a clinic or office affiliated with the dental
5school. The holder of a faculty limited license may advertise
6a specialty degree as part of the licensee's ability to
7practice in a faculty practice. Any faculty limited license
8issued to a faculty member under this Section shall terminate
9immediately and automatically, without any further action by
10the Department, if the holder ceases to be a faculty member at
11an approved dental school or hospital in this State.
12    The Department may revoke a faculty limited license for a
13violation of this Act or its rules, or if the holder fails to
14supply the Department, within 10 days of its request, with
15information as to his or her current status and activities in
16his or her teaching program.
17    (e) Inactive status. Any person who holds one of the
18licenses under subsection (a) or (b) of Section 11 or under
19Section 12 of this Act may elect, upon payment of the required
20fee, to place his or her license on an inactive status and
21shall, subject to the rules of the Department, be excused from
22the payment of renewal fees until he or she notifies the
23Department in writing of his or her desire to resume active
24status.
25    Any licensee requesting restoration from inactive status
26shall be required to pay the current renewal fee and upon

 

 

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1payment the Department shall be required to restore his or her
2license, as provided in Section 16 of this Act.
3    Any licensee whose license is in an inactive status shall
4not practice in the State of Illinois.
5    (f) Certificates of Identification. In addition to the
6licenses authorized by this Section, the Department shall
7deliver to each dentist a certificate of identification in a
8form specified by the Department.
9    (g) Pre-license practice allowance. An applicant for a
10general dental license or a temporary training license has a
11pre-license practice allowance to practice dentistry in a
12specialty or residency training program for a period of 3
13months from the starting date of the program. Upon a request
14from the applicant, the Department may extend, in writing, the
15applicant's pre-license practice allowance for the specialty
16or residency training program. An applicant practicing
17dentistry under this subsection may only perform acts as are
18prescribed by and incidental to the applicant's program of
19residency or specialty training. An applicant practicing
20dentistry under this subsection must supply the specialty or
21residency training program a copy of the applicant's general
22license application or temporary training license application
23along with proof of certified mail of sending that application
24to the Department.
25    The applicant's authority to practice under this
26subsection shall terminate immediately upon: (1) the decision

 

 

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1of the Department that the applicant failed the examination
2for dental licensure; (2) denial of licensure by the
3Department; or (3) withdrawal of the license application.
4(Source: P.A. 103-425, eff. 1-1-24.)
 
5    (225 ILCS 25/21)  (from Ch. 111, par. 2321)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 21. Fees. The fees for the administration and
8enforcement of this Act, including but not limited to original
9licensure, renewal, and restoration fees, shall be set by the
10Department by rule. However, the fee for application for
11renewal of a license as a dentist or specialist is $100 per
12year and the fee for application for renewal of a license as a
13dental hygienist is $50 per year. The fees shall be
14nonrefundable.
15    An applicant for initial licensure who applied for initial
16licensure during the time period beginning 6 months prior to
17the date of the start of the renewal period and until the date
18the renewal period is officially open for the specified
19renewal date is waived until the next renewal year.
20    For renewal year 2024, faculty restricted licensees who
21paid a renewal fee in the years 2022 or 2023 and whose licenses
22were terminated and then renewed by the Department shall be
23waived the renewal fee for the 2024 license renewal cycle.
24(Source: P.A. 92-523, eff. 2-8-02.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.