Full Text of SB2395 94th General Assembly
SB2395 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2395
Introduced 1/18/2006, by Sen. Arthur J. Wilhelmi SYNOPSIS AS INTRODUCED: |
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225 ILCS 25/16 |
from Ch. 111, par. 2316 |
225 ILCS 25/19.1 new |
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225 ILCS 25/38.2 new |
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225 ILCS 25/48 |
from Ch. 111, par. 2348 |
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Amends the Illinois Dental Practice Act. Provides that beginning with the renewal period of 2006 and in order to obtain relevant information regarding the availability of dental services within the State, the Department shall require completion of a census as part of the renewal process. Creates a temporary dentistry or dental hygiene license for applicants who are pending licensure under the Act and who (i) hold an active, unencumbered license in good standing in another jurisdiction and (ii) are applying due to a natural disaster or catastrophic event. Allows a surviving spouse, personal representative of an estate, or other authorized fiduciary to employ, contract with, or otherwise make arrangements for a licensed dentist or dentists to continue to operate a dental practice under the name of a deceased or incapacitated dentist for a maximum time period of one year or until the practice is sold, whichever occurs first. Provides that regardless of whether a dental laboratory manufactures a dental appliance or has it manufactured by a subcontractor, the laboratory must provide to the prescribing dentist the (i) location where the work was done and (ii) source and original location where the materials were obtained. Effective immediately.
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A BILL FOR
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SB2395 |
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LRB094 17537 RAS 52833 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 16 and 48 and by adding Sections 19.1 and | 6 |
| 38.2 as follows:
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| (225 ILCS 25/16) (from Ch. 111, par. 2316)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 16. Expiration, renewal and restoration of licenses.
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| The expiration
date and renewal date for each license issued | 11 |
| under this Act shall
be set by
rule. The renewal period for | 12 |
| each license issued under this Act shall be 3 years. A dentist | 13 |
| or dental hygienist may renew a license during the month
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| preceding its expiration date by paying the required fee. A | 15 |
| dental hygienist
shall provide proof of current | 16 |
| cardiopulmonary resuscitation certification at
the time of | 17 |
| renewal. Beginning with the renewal period of 2006 and in order | 18 |
| to obtain relevant information regarding the availability of | 19 |
| dental services within the State of Illinois, the Department | 20 |
| shall require completion of a census as part of the renewal | 21 |
| process.
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| Any dentist or dental hygienist whose license has expired | 23 |
| or whose license is
on inactive status may have his license | 24 |
| restored at any time within 5 years
after the expiration | 25 |
| thereof, upon payment of the required fee and a showing of | 26 |
| proof of compliance with current continuing education | 27 |
| requirements, as provided by rule.
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| Any person whose license has been expired for more than 5 | 29 |
| years or who has
had his license on inactive status for more | 30 |
| than 5 years may have his license
restored by making | 31 |
| application to the Department and filing proof acceptable to
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| the Department of taking continuing education and of his |
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SB2395 |
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LRB094 17537 RAS 52833 b |
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| fitness to have the license restored, including sworn
evidence | 2 |
| certifying to active practice in another jurisdiction, and by | 3 |
| paying
the required restoration fee. A person practicing on an | 4 |
| expired license is
deemed to be practicing without a license. | 5 |
| However, a holder of a license may renew the license within 90 | 6 |
| days after its expiration by complying with the requirements | 7 |
| for renewal and payment of an additional fee. A license renewal | 8 |
| within 90 days after expiration shall be effective | 9 |
| retroactively to the expiration date.
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| If a person whose license has expired or who has had his | 11 |
| license on inactive
status for more than 5 years has not | 12 |
| maintained an active practice satisfactory
to the department, | 13 |
| the Department shall determine, by
an evaluation process | 14 |
| established by rule, his or her fitness to resume
active status | 15 |
| and may require the person to complete a period of evaluated
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| clinical experience and may require successful completion of a | 17 |
| practical
examination.
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| However, any person whose license has
expired while he has | 19 |
| been engaged (1) in federal or state service active
duty, or | 20 |
| (2) in training or education under the supervision of the | 21 |
| United
States preliminary to induction into the military | 22 |
| service, may have his
license restored without paying any | 23 |
| lapsed
renewal or restoration fee, if within 2 years after | 24 |
| termination of such
service, training or education other than | 25 |
| by dishonorable discharge, he
furnishes the Department with | 26 |
| satisfactory proof that he has been so
engaged and that his | 27 |
| service, training or education has been so terminated.
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| (Source: P.A. 94-409, eff. 12-31-05.)
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| (225 ILCS 25/19.1 new)
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| (Section scheduled to be repealed on January 1, 2016) | 31 |
| Sec. 19.1. Temporary licensure of applicants from other | 32 |
| jurisdictions.
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| (a) Pending the issuance of a license under Section 19 of | 34 |
| this Act, the Department may grant an applicant a temporary | 35 |
| license to practice dentistry or dental hygiene if the |
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LRB094 17537 RAS 52833 b |
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| Department is satisfied that the applicant (i) holds an active, | 2 |
| unencumbered license in good standing in another jurisdiction | 3 |
| and (ii) is applying due to a natural disaster or catastrophic | 4 |
| event. If the applicant holds more than one current active | 5 |
| license, or one or more active temporary licenses from other | 6 |
| jurisdictions, the Department shall not issue a temporary | 7 |
| license until it is satisfied that each current active license | 8 |
| held by the applicant is unencumbered. If the Department | 9 |
| chooses to issue a temporary license, the temporary license | 10 |
| shall be issued no later than 14 working days following receipt | 11 |
| by the Department of any application for temporary licensure | 12 |
| and shall be granted upon the submission of the following to | 13 |
| the Department: | 14 |
| (1) a signed and completed application for licensure; | 15 |
| (2) proof of a current, active license in at least one | 16 |
| other jurisdiction and proof that each current active | 17 |
| license or temporary license held by the applicant is | 18 |
| unencumbered; | 19 |
| (3) a signed and completed application for a temporary | 20 |
| license; and | 21 |
| (4) the required temporary license fee. | 22 |
| (b) The Department may refuse to issue an applicant a | 23 |
| temporary license authorized pursuant to this Section if, | 24 |
| within 14 days following its receipt of an application for a | 25 |
| temporary license, the Department determines that: | 26 |
| (1) the applicant has been convicted of a crime under | 27 |
| the laws of a jurisdiction of the United States which is | 28 |
| (i) a felony or (ii) a misdemeanor directly related to the | 29 |
| practice of the profession, within the last 5 years; | 30 |
| (2) within the last 5 years the applicant has had a | 31 |
| license or permit related to the practice of dentistry or | 32 |
| dental hygiene revoked, suspended, or placed on probation | 33 |
| by another jurisdiction of the United States, if at least | 34 |
| one of the grounds for revoking, suspending, or placing on | 35 |
| probation is the same or substantially equivalent to | 36 |
| grounds in Illinois; or |
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LRB094 17537 RAS 52833 b |
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| (3) it intends to deny licensure by endorsement. | 2 |
| (c) The Department may revoke a temporary license issued | 3 |
| pursuant to this Section if it determines that: | 4 |
| (1) the applicant has been convicted of a crime under | 5 |
| the law of any jurisdiction of the United States that is | 6 |
| (i) a felony or (ii) a misdemeanor directly related to the | 7 |
| practice of the profession, with in the last 5 years; | 8 |
| (2) within the last 5 years the applicant has had a | 9 |
| license or permit related to the practice of dentistry or | 10 |
| dental hygiene revoked, suspended, or placed on probation | 11 |
| by another jurisdiction of the United States, if at least | 12 |
| one of the grounds for revoking, suspending, or placing on | 13 |
| probation is the same or substantially equivalent to | 14 |
| grounds in Illinois; or | 15 |
| (3) it intends to deny licensure by endorsement.
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| (d) A temporary license shall expire 6 months from the date | 17 |
| of issuance. Further renewal may be granted by the Department | 18 |
| in hardship cases, as defined by rule and upon approval of the | 19 |
| Secretary. However, a temporary license shall automatically | 20 |
| expire upon issuance of the Illinois license or upon | 21 |
| notification that the Department intends to deny licensure, | 22 |
| whichever occurs first. | 23 |
| (e) For purposes of this Section, an "unencumbered license" | 24 |
| means a license against which no disciplinary action has been | 25 |
| taken or is pending and for which all fees and charges are paid | 26 |
| and current.
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| (225 ILCS 25/38.2 new) | 28 |
| (Section scheduled to be repealed on January 1, 2016) | 29 |
| Sec. 38.2. Death or incapacitation of dentist. A surviving | 30 |
| spouse, personal representative of an estate, or other | 31 |
| authorized fiduciary may employ, contract with, or otherwise | 32 |
| make arrangements for a dentist or dentists licensed under this | 33 |
| Act to continue to operate a dental practice under the name of | 34 |
| a deceased or incapacitated dentist for a maximum time period | 35 |
| of one year or until the practice is sold, whichever occurs |
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LRB094 17537 RAS 52833 b |
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| first. Fees charged patients shall not be increased during this | 2 |
| time period of continued operation.
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| (225 ILCS 25/48) (from Ch. 111, par. 2348)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 48. Manufacture of dentures, bridges or replacements | 6 |
| for
dentists; prescriptions; order; penalties. | 7 |
| (a) Any dentist who
employs or engages the services of any | 8 |
| dental laboratory to construct or
repair, extraorally, | 9 |
| prosthetic dentures, bridges, or other replacements
for a part | 10 |
| of a tooth, a tooth, or teeth, or who directs a dental
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| laboratory to participate in shade selection for a prosthetic | 12 |
| appliance,
shall furnish such dental laboratory with a written | 13 |
| prescription on forms
prescribed by the Department which shall | 14 |
| contain:
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| (1) The name and address of the dental laboratory
to | 16 |
| which the prescription is directed.
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| (2) The patient's name or identification number. If a | 18 |
| number is used,
the patient's name shall be written upon | 19 |
| the duplicate copy of the
prescription retained by the | 20 |
| dentist.
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| (3) The date on which the prescription was written.
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| (4) A description of the work to be done, including | 23 |
| diagrams if necessary.
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| (5) A specification of the type and quality of | 25 |
| materials to be used.
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| (6) The signature of the dentist and the number of his | 27 |
| or her license
to practice dentistry.
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| (b) The dental laboratory receiving a prescription from a
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| dentist shall retain the original prescription and the dentist | 30 |
| shall
retain a duplicate copy thereof for inspection at any | 31 |
| reasonable time by
the Department or its duly authorized | 32 |
| agents, for a period of 3 years in both cases.
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| (c) If the dental laboratory receiving a written | 34 |
| prescription
from a dentist engages another dental laboratory
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| (hereinafter referred to as "subcontractor") to perform some of |
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SB2395 |
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LRB094 17537 RAS 52833 b |
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| the
services relative to such prescription, it shall furnish a | 2 |
| written
order with respect thereto on forms prescribed by the | 3 |
| Department
which shall contain:
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| (1) The name and address of the subcontractor.
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| (2) A number identifying the order with the original | 6 |
| prescription, which
number shall be endorsed on the | 7 |
| prescription received from the dentist.
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| (3) The date on which the order was written.
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| (4) A description of the work to be done by the
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| subcontractor, including diagrams if necessary.
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| (5) A specification of the type and quality of | 12 |
| materials to be used.
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| (6) The signature of an agent of the dental laboratory
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| issuing the order. The subcontractor shall
retain the order | 15 |
| and the issuer thereof shall retain a duplicate
copy, | 16 |
| attached to the prescription received from the dentist, for
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| inspection by the Department or its duly authorized agents, | 18 |
| for a period of
3 years in both cases.
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| (7) A copy of the order to the subcontractor shall be | 20 |
| furnished
to the dentist.
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| (c-5) Regardless of whether the dental laboratory | 22 |
| manufactures the dental appliance or has it manufactured by a | 23 |
| subcontractor, the laboratory shall provide to the prescribing | 24 |
| dentist the (i) location where the work was done and (ii) | 25 |
| source and original location where the materials were obtained.
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| (d) Any dentist who:
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| (1) employs or engages the services of any dental | 28 |
| laboratory to
construct or repair, extraorally, prosthetic | 29 |
| dentures, bridges, or other
dental appliances without | 30 |
| first providing such dental laboratory with a
written | 31 |
| prescription;
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| (2) fails to retain a duplicate copy of the | 33 |
| prescription for 3 years; or
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| (3) refuses to allow the Department or its duly | 35 |
| authorized agents to
inspect his or her files of | 36 |
| prescriptions;
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SB2395 |
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LRB094 17537 RAS 52833 b |
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| is guilty of a Class A
misdemeanor and the Department may | 2 |
| revoke or suspend his or her license
therefor.
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| (e) Any dental laboratory which:
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| (1) furnishes such services to any dentist without | 5 |
| first obtaining a
written prescription therefor from such | 6 |
| dentist;
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| (2) acting as a subcontractor as described in (c) | 8 |
| above, furnishes such
services to any dental laboratory | 9 |
| without first obtaining a written order
from such dental | 10 |
| laboratory;
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| (3) fails to retain the original prescription or order, | 12 |
| as the case may
be, for 3 years; or
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| (4) refuses to allow the Department or its duly | 14 |
| authorized agents
to inspect its files of prescriptions or | 15 |
| orders; or | 16 |
| (5) fails to provide any information required under | 17 |
| this Section to the prescribing dentist;
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| is guilty of
a Class A misdemeanor.
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| (Source: P.A. 91-357, eff. 7-29-99 .)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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