Full Text of SB0279 94th General Assembly
SB0279enr 94TH GENERAL ASSEMBLY
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SB0279 Enrolled |
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LRB094 07052 RAS 37196 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Dental Practice Act is amended by | 5 |
| changing Sections 37 and 38.1 and by adding Section 38.2 as | 6 |
| follows:
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| (225 ILCS 25/37) (from Ch. 111, par. 2337)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 37. Unlicensed practice; injunctions. The practice of | 10 |
| dentistry
by any person not holding a valid
and current license | 11 |
| under this Act is declared to be inimical to the public
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| welfare, to constitute a public nuisance, and to cause | 13 |
| irreparable harm to
the public welfare.
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| A person is considered to practice dentistry who:
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| (1) employs a dentist, dental hygienist, or other | 16 |
| entity which can provide
dental services under this Act;
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| (2) directs or controls the use of any dental equipment | 18 |
| or material while
such equipment or material is being used | 19 |
| for the provision of dental services,
provided that this | 20 |
| provision shall not
be construed
to prohibit a person from | 21 |
| obtaining professional advice or assistance in
obtaining
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| or from leasing the equipment or material, provided the | 23 |
| advice, assistance, or
lease does not restrict or interfere | 24 |
| with the custody, control, or use of the
equipment or | 25 |
| material by the person;
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| (3) directs, controls or interferes with a dentist's or | 27 |
| dental hygienist's
clinical judgment; or
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| (4) exercises direction or control, by written | 29 |
| contract, license, or
otherwise, over a dentist, dental | 30 |
| hygienist, or other entity which can provide
dental | 31 |
| services under this Act in the selection of a course of | 32 |
| treatment;
limitation of patient referrals; content of |
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| patient records; policies and
decisions relating to | 2 |
| refunds (if the refund payment would be reportable under
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| federal law to the National Practitioner Data Bank) and | 4 |
| warranties and the
clinical content of advertising; and | 5 |
| final decisions relating to employment of
dental | 6 |
| assistants and dental hygienists. Nothing in this Act | 7 |
| shall, however,
be construed as prohibiting the seeking or | 8 |
| giving of advice or assistance with
respect to these | 9 |
| matters.
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| The purpose of this Section is to prevent a non-dentist | 11 |
| from influencing or
otherwise interfering with the exercise of | 12 |
| independent professional judgment by
a dentist, dental | 13 |
| hygienist, or other entity which can provide dental services
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| under this Act. Nothing in this Section
shall be construed to | 15 |
| prohibit insurers and managed care plans from operating
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| pursuant to the applicable provisions of the Illinois Insurance | 17 |
| Code under
which the entities are licensed.
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| The Director, the Attorney General, the State's
attorney of | 19 |
| any county in the State, or any person may maintain an action
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| in the name of the People of the State of Illinois, and may | 21 |
| apply for
injunctive relief in any circuit court to enjoin such | 22 |
| person from engaging in
such practice; and upon the filing of a | 23 |
| verified petition in such court,
the court if satisfied by | 24 |
| affidavit, or otherwise,
that such person has been engaged in | 25 |
| such practice without a valid and
current license so to do, may | 26 |
| enter a temporary restraining
order without notice
or bond, | 27 |
| enjoining the defendant from such further practice. Only the
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| showing of non-licensure, by affidavit or otherwise, is | 29 |
| necessary in order
for a temporary injunction to issue. A
copy | 30 |
| of the verified complaint shall be served
upon the defendant | 31 |
| and the proceedings shall thereafter be conducted as
in other | 32 |
| civil cases except as modified by this Section. If it is
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| established that the defendant has been, or is engaged in such | 34 |
| unlawful
practice, the court may enter an order or judgment
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| perpetually enjoining the defendant from further such | 36 |
| practice. In all
proceedings hereunder the court, in its |
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| discretion, may apportion the costs
among the parties | 2 |
| interested in the action, including cost of filing the
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| complaint, service of process, witness fees and expenses, court | 4 |
| reporter
charges and reasonable attorneys' fees. In case of | 5 |
| violation of any
injunctive order entered under the provisions | 6 |
| of
this Section, the court may summarily try and punish the | 7 |
| offender for contempt
of
court. Such injunction proceedings | 8 |
| shall be in addition to, and not in
lieu of, all penalties and | 9 |
| other remedies provided in this Act.
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| This Section does not apply to an executor, administrator, | 11 |
| guardian, or authorized representative contracting with | 12 |
| another dentist or dentists to continue the operations of a | 13 |
| deceased or incapacitated dentist's practice under Section | 14 |
| 38.2 of this Act.
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| (Source: P.A. 91-520, eff. 1-1-00 .)
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| (225 ILCS 25/38.1)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 38.1. Prohibition against interference by | 19 |
| non-dentists. The purpose of
this Section is to ensure that | 20 |
| each dentist or dental hygienist practicing in
this State meets | 21 |
| minimum requirements for safe practice without clinical
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| interference by persons not licensed under this Act. It is the | 23 |
| legislative
intent that dental services be provided only in | 24 |
| accordance with the provisions
of this Act and not be delegated | 25 |
| to unlicensed persons.
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| Unless otherwise authorized by this Act, a dentist or | 27 |
| dental hygienist is
prohibited from providing dental services | 28 |
| in this State, if the dentist or
dental hygienist:
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| (1) is employed by any person other than a dentist to | 30 |
| provide dental
services , except as set forth in Section | 31 |
| 38.2 of this Act ; or
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| (2) allows any person other than another dentist to | 33 |
| direct, control, or
interfere
with the dentist's or dental | 34 |
| hygienist's clinical judgment. Clinical judgment
shall | 35 |
| include but not be limited to such matters as
the dentist's |
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| or dental hygienist's selection of a course of treatment,
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| limitation of patient referrals,
content of patient | 3 |
| records, policies and decisions relating to refunds (if the
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| refund payment would be reportable under federal law to the | 5 |
| National
Practitioner Data Bank) and warranties and the | 6 |
| clinical content of advertising,
and final decisions | 7 |
| relating
to employment of dental assistants and dental | 8 |
| hygienists. This paragraph
shall not be construed
to limit | 9 |
| a patient's right of informed consent. An executor, | 10 |
| administrator, guardian, or authorized representative | 11 |
| contracting with another dentist or dentists to continue | 12 |
| the operations of a deceased or incapacitated dentist's | 13 |
| practice under Section 38.2 of this Act who violates this | 14 |
| paragraph (2) is subject to the civil penalties set forth | 15 |
| in Section 8.5 of this Act.
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| (Source: P.A. 91-520, eff. 1-1-00 .)
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| (225 ILCS 25/38.2 new) | 18 |
| (Section scheduled to be repealed on January 1, 2016) | 19 |
| Sec. 38.2. Death or incapacitation of dentist.
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| (a) The executor or administrator of a dentist's estate or | 21 |
| the legal guardian or authorized representative of a dentist | 22 |
| who has become incapacitated may contract with another dentist | 23 |
| or dentists to continue the operations of the deceased or | 24 |
| incapacitated dentist's practice (if the practice of the | 25 |
| deceased or incapacitated dentist is a sole proprietorship, a | 26 |
| corporation where the deceased or incapacitated dentist is the | 27 |
| sole shareholder, or a limited liability company where the | 28 |
| deceased or incapacitated dentist is the sole member) for a | 29 |
| period of no more than one year from the time of death or | 30 |
| incapacitation of the dentist or until the practice is sold, | 31 |
| whichever occurs first, if all the following conditions are | 32 |
| met: | 33 |
| (1) The executor, administrator, guardian, or | 34 |
| authorized representative executes and files with the | 35 |
| Department a notification of death or incapacitation on a |
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| form provided by the Department, which notification shall | 2 |
| include the following: | 3 |
| (A) the name and license number of the deceased or | 4 |
| incapacitated dentist;
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| (B) the name and address of the dental practice; | 6 |
| (C) the name, address, and tax identification | 7 |
| number of the estate; | 8 |
| (D) the name and license number of each dentist who | 9 |
| will operate the dental practice; and | 10 |
| (E) an affirmation, under penalty of perjury, that | 11 |
| the information provided is true and correct and that | 12 |
| the executor, administrator, guardian, or authorized | 13 |
| representative understands that any interference by | 14 |
| the executor, administrator, guardian, or authorized | 15 |
| representative or any agent or assignee of the | 16 |
| executor, administrator, guardian, or authorized | 17 |
| representative with the contracting dentist's or | 18 |
| dentists' practice of dentistry or professional | 19 |
| judgment or any other violation of this Section is | 20 |
| grounds for an immediate termination of the operations | 21 |
| of the dental practice. | 22 |
| (2) Within 30 days after the death or incapacitation of | 23 |
| a dentist, the executor, administrator, guardian, or | 24 |
| authorized representative shall send notification of the | 25 |
| death or incapacitation by mail to the last known address | 26 |
| of each patient of record that has seen the deceased or | 27 |
| incapacitated dentist within the previous 12 months, with | 28 |
| an explanation of how copies of the practitioner's records | 29 |
| may be obtained. This notice may also contain any other | 30 |
| relevant information concerning the continuation of the | 31 |
| dental practice. | 32 |
| Continuation of the operations of the dental practice of a | 33 |
| deceased or incapacitated dentist shall not begin until the | 34 |
| provisions of this subsection (a) have been met. | 35 |
| (b) The Secretary may terminate the operations of a dental | 36 |
| practice operating pursuant to this Section if the Department |
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| has evidence of a violation of this Section or Section 23 or 24 | 2 |
| of this Act. The Secretary must conduct a hearing before | 3 |
| terminating the operations of a dental practice operating | 4 |
| pursuant to this Section. At least 15 days before the hearing | 5 |
| date, the Department (i) must notify, in writing, the executor, | 6 |
| administrator, guardian, or authorized representative at the | 7 |
| address provided, pursuant to item (C) of subdivision (1) of | 8 |
| subsection (a) of this Section, and to the contracting dentist | 9 |
| or dentists at the address of the dental practice provided | 10 |
| pursuant to item (B) of subdivision (1) of subsection (a) of | 11 |
| this Section, of any charges made and of the time and place of | 12 |
| the hearing on the charges before the Secretary or hearing | 13 |
| officer, as provided in Section 30 of this Act, (ii) direct the | 14 |
| executor, administrator, guardian, or authorized | 15 |
| representative to file his or her written answer to such | 16 |
| charges with the Secretary under oath within 10 days after the | 17 |
| service on the executor, administrator, guardian, or | 18 |
| authorized representative of the notice, and (iii) inform the | 19 |
| executor, administrator, guardian, or authorized | 20 |
| representative that if he or she fails to file such answer, a | 21 |
| default judgment will be entered against him or her and the | 22 |
| operations of the dental practice shall be terminated.
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| (c) If the Secretary finds that evidence in his or her | 24 |
| possession indicates that a violation of this Section or | 25 |
| Section 23 or 24 of this Act constitutes an immediate threat to | 26 |
| the public health, safety, or welfare, the Secretary may | 27 |
| immediately terminate the operations of the dental practice | 28 |
| without a hearing. Upon service by certified mail to the | 29 |
| executor, administrator, guardian, or authorized | 30 |
| representative, at the address provided pursuant to item (C) of | 31 |
| subdivision (1) of subsection (a) of this Section, and the | 32 |
| contracting dentist or dentists, at the address of the dental | 33 |
| practice provided pursuant to item (B) of subdivision (1) of | 34 |
| subsection (a) of this Section, of notice of an order | 35 |
| immediately terminating the operations of the dental practice, | 36 |
| the executor, administrator, guardian, or authorized |
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| representative may petition the Department within 30 days for a | 2 |
| hearing to take place within 30 days after the petition is | 3 |
| filed. | 4 |
| (d) The Department may require, by rule, the submission to | 5 |
| the Department of any additional information necessary for the | 6 |
| administration of this Section.
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