Rep. Theresa Mah

Filed: 3/27/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5059

2    AMENDMENT NO. ______. Amend House Bill 5059 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 11 and 16 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7    (Section scheduled to be repealed on January 1, 2026)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

 

 

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1license authorizing practice as a specialist in any particular
2branch of dentistry to any dentist who has complied with the
3requirements established for that particular branch of
4dentistry at the time of making application. The Department
5shall establish additional requirements of any dentist who
6announces or holds himself or herself out to the public as a
7specialist or as being specially qualified in any particular
8branch of dentistry.
9    No dentist shall announce or hold himself or herself out
10to the public as a specialist or as being specially qualified
11in any particular branch of dentistry unless he or she is
12licensed to practice in that specialty of dentistry.
13    The fact that any dentist shall announce by card,
14letterhead, or any other form of communication using terms as
15"Specialist", "Practice Limited To", or "Limited to Specialty
16of" with the name of the branch of dentistry practiced as a
17specialty, or shall use equivalent words or phrases to
18announce the same, shall be prima facie evidence that the
19dentist is holding himself or herself out to the public as a
20specialist.
21    (c) Temporary training licenses. Persons who wish to
22pursue specialty or other advanced clinical educational
23programs in an approved dental school or a hospital situated
24in this State, or persons who wish to pursue programs of
25specialty training in dental public health in public agencies
26in this State, may receive without examination, in the

 

 

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1discretion of the Department, a temporary training license. In
2order to receive a temporary training license under this
3subsection, an applicant shall furnish satisfactory proof to
4the Department that:
5        (1) The applicant is at least 21 years of age and is of
6    good moral character. In determining moral character under
7    this Section, the Department may take into consideration
8    any felony conviction of the applicant, but such a
9    conviction shall not operate as bar to licensure;
10        (2) The applicant has been accepted or appointed for
11    specialty or residency training by an approved hospital
12    situated in this State, by an approved dental school
13    situated in this State, or by a public health agency in
14    this State the training programs of which are recognized
15    and approved by the Department. The applicant shall
16    indicate the beginning and ending dates of the period for
17    which he or she has been accepted or appointed;
18        (3) The applicant is a graduate of a dental school or
19    college approved and in good standing in the judgment of
20    the Department. The Department may consider diplomas or
21    certifications of education, or both, accompanied by
22    transcripts of course work and credits awarded to
23    determine if an applicant has graduated from a dental
24    school or college approved and in good standing. The
25    Department may also consider diplomas or certifications of
26    education, or both, accompanied by transcripts of course

 

 

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

 

 

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1    dentistry in another state or country; and
2        (2) The applicant has a full-time appointment to teach
3    dentistry at an approved dental school or hospital
4    situated in this State.
5    Faculty limited licenses issued under this Section shall
6be valid for a period of 3 years and may be extended or
7renewed. The holder of a valid faculty limited license may
8perform acts as may be required by his or her teaching of
9dentistry. The holder of a faculty limited license may
10practice general dentistry or in his or her area of specialty,
11but only in a clinic or office affiliated with the dental
12school. The holder of a faculty limited license may advertise
13a specialty degree as part of the licensee's ability to
14practice in a faculty practice. Any faculty limited license
15issued to a faculty member under this Section shall terminate
16immediately and automatically, without any further action by
17the Department, if the holder ceases to be a faculty member at
18an approved dental school or hospital in this State.
19    The Department may revoke a faculty limited license for a
20violation of this Act or its rules, or if the holder fails to
21supply the Department, within 10 days of its request, with
22information as to his or her current status and activities in
23his or her teaching program.
24    (e) Inactive status. Any person who holds one of the
25licenses under subsection (a) or (b) of Section 11 or under
26Section 12 of this Act may elect, upon payment of the required

 

 

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1fee, to place his or her license on an inactive status and
2shall, subject to the rules of the Department, be excused from
3the payment of renewal fees until he or she notifies the
4Department in writing of his or her desire to resume active
5status.
6    Any licensee requesting restoration from inactive status
7shall be required to pay the current renewal fee and upon
8payment the Department shall be required to restore his or her
9license, as provided in Section 16 of this Act.
10    Any licensee whose license is in an inactive status shall
11not practice in the State of Illinois.
12    (f) Certificates of Identification. In addition to the
13licenses authorized by this Section, the Department shall
14deliver to each dentist a certificate of identification in a
15form specified by the Department.
16    (g) Pre-license practice allowance. An applicant for a
17general dental license or a temporary training license has a
18pre-license practice allowance to practice dentistry in a
19Commission on Dental Accreditation accredited specialty or
20residency training program for a period of 3 months from the
21starting date of the program. Upon a request from the
22applicant, the Department may extend, in writing, the
23pre-license practice allowance for the specialty or residency
24training program. An applicant practicing dentistry under this
25subsection may only perform acts as are prescribed by and
26incidental to the applicant's program of residency or

 

 

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1specialty training. An applicant practicing dentistry under
2this subsection must supply the specialty or residency
3training program a copy of the applicant's general license
4application or temporary training license application along
5with proof of certified mail of sending that application to
6the Department.
7    The applicant's authority to practice under this
8subsection shall terminate immediately upon: (1) the decision
9of the Department that the applicant failed the examination
10for dental licensure; (2) denial of licensure by the
11Department; or (3) withdrawal of the license application.
12(Source: P.A. 103-425, eff. 1-1-24.)
 
13    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 16. Expiration, renewal and restoration of licenses.
16The expiration date and renewal date for each license issued
17under this Act shall be set by rule. The renewal period for
18each license issued under this Act shall be 3 years. A dentist
19or dental hygienist may renew a license during the month
20preceding its expiration date by paying the required fee. All
21initial licenses issued during an open renewal period shall
22have the next expiration date. A dentist or dental hygienist
23shall provide proof of current Basic Life Support (BLS)
24certification intended for health care providers at the time
25of renewal as provided by rule. Basic Life Support

 

 

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1certification training taken as a requirement of this Section
2shall be counted for no more than 4 hours during each licensure
3period towards the continuing education hours under Section
416.1 of this Act. The Department shall provide by rule for
5exemptions from this requirement for a dentist or dental
6hygienist with a physical disability that would preclude him
7or her from performing BLS.
8    Any dentist or dental hygienist whose license has expired
9or whose license is on inactive status may have his license
10restored at any time within 5 years after the expiration
11thereof, upon payment of the required fee and a showing of
12proof of compliance with current continuing education
13requirements, as provided by rule.
14    Any person whose license has been expired for more than 5
15years or who has had his license on inactive status for more
16than 5 years may have his license restored by making
17application to the Department and filing proof acceptable to
18the Department of taking continuing education and of his
19fitness to have the license restored, including sworn evidence
20certifying to active practice in another jurisdiction, and by
21paying the required restoration fee. A person practicing on an
22expired license is deemed to be practicing without a license.
23However, a holder of a license may renew the license within 90
24days after its expiration by complying with the requirements
25for renewal and payment of an additional fee. A license
26renewal within 90 days after expiration shall be effective

 

 

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1retroactively to the expiration date.
2    If a person whose license has expired or who has had his
3license on inactive status for more than 5 years has not
4maintained an active practice satisfactory to the department,
5the Department shall determine, by an evaluation process
6established by rule, his or her fitness to resume active
7status and may require the person to complete a period of
8evaluated clinical experience and may require successful
9completion of a practical examination.
10    However, any person whose license expired while he or she
11was (i) on active duty with the Armed Forces of the United
12States or called into service or training by the State militia
13or (ii) in training or education under the supervision of the
14United States preliminary to induction into the military
15service, may have his or her license renewed, reinstated, or
16restored without paying any lapsed renewal or restoration fee,
17if within 2 years after termination of such service, training,
18or education other than by dishonorable discharge, he or she
19furnishes the Department with satisfactory proof that he or
20she has been so engaged and that his or her service, training,
21or education has been so terminated.
22(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12;
2398-147, eff. 1-1-14.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".