Full Text of HB0690 102nd General Assembly
HB0690ham002 102ND GENERAL ASSEMBLY | Rep. Lakesia Collins Filed: 4/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 690
| 2 | | AMENDMENT NO. ______. Amend House Bill 690 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Section 19.2 and by adding Section 19.3 as follows: | 6 | | (225 ILCS 25/19.2) | 7 | | (Section scheduled to be repealed on January 1, 2026) | 8 | | Sec. 19.2. Temporary permit for free dental care. | 9 | | (a) The Department may issue a temporary permit | 10 | | authorizing the practice in this State, without compensation, | 11 | | of dentistry or dental hygiene to an applicant who is licensed | 12 | | to practice dentistry or dental hygiene in another state, if | 13 | | all of the following apply: | 14 | | (1) The Department determines that the applicant's | 15 | | services will improve the welfare of Illinois residents. | 16 | | (2) The Department determines that the applicant is |
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| 1 | | qualified and satisfies the criteria specified under | 2 | | Sections 9 and 13 of this Act, except for the examination | 3 | | requirement. | 4 | | (b) The Department may not require the applicant to pass | 5 | | an examination as provided in subsection (e) of Section 9 of | 6 | | this Act in order to receive a temporary permit under this | 7 | | Section. | 8 | | (c) A temporary permit under this Section shall authorize | 9 | | the practice of dentistry or dental hygiene in a specified | 10 | | area of the State for a period of time not to exceed 5 10 | 11 | | consecutive days in a year and may be renewed by the | 12 | | Department . The Department may require an applicant to pay a | 13 | | fee for the issuance or renewal of a permit under this Section. | 14 | | (d) The Secretary may summarily terminate any permit | 15 | | issued pursuant to this Section, without a hearing, if the | 16 | | Secretary finds that evidence in his or her possession | 17 | | indicates that an individual permit holder's continuation in | 18 | | practice would constitute an imminent danger to the public. In | 19 | | the event that the Secretary summarily suspends a permit | 20 | | issued pursuant to this Section, the permit holder may | 21 | | petition the Department for a hearing in accordance with the | 22 | | provisions of this Act to reinstate his or her permit. | 23 | | In addition to terminating any permit issued pursuant to | 24 | | this Section, the Department may issue a monetary penalty not | 25 | | to exceed $1,000 upon the permit holder and may notify any | 26 | | state in which the permit holder has been issued a license that |
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| 1 | | his or her Illinois permit has been terminated and the reasons | 2 | | for the termination. The monetary penalty shall be paid within | 3 | | 60 days after the effective date of the order imposing the | 4 | | penalty. The order shall constitute a judgment and may be | 5 | | filed and execution had thereon in the same manner as any | 6 | | judgment from any court of record. It is the intent of the | 7 | | General Assembly that a permit issued pursuant to this Section | 8 | | shall be considered a privilege and not a property right.
| 9 | | (Source: P.A. 96-1222, eff. 7-23-10 .) | 10 | | (225 ILCS 25/19.3 new) | 11 | | Sec. 19.3. Temporary visiting dentist permit. | 12 | | (a) The Department may, in its discretion, issue a | 13 | | temporary visiting dentist permit, without examination, | 14 | | provided that the person has graduated from a college or | 15 | | school accredited by the American Dental Association's | 16 | | Commission on Dental Accreditation and is in good standing in | 17 | | his or her native licensing jurisdiction during the period of | 18 | | the temporary visiting permit and can furnish to the | 19 | | Department a certified letter upon request from that | 20 | | jurisdiction attesting to the fact that the visiting dentist | 21 | | has no pending action or violations against his or her | 22 | | license. | 23 | | (b) Applicants for a temporary visiting dentist permit | 24 | | shall be limited to those attending a dental school, a state or | 25 | | national dental professional association or society conference |
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| 1 | | or meeting, a hospital licensed under the Hospital Licensing | 2 | | Act, a hospital organized under the University of Illinois | 3 | | Hospital Act, a facility operated pursuant to the Ambulatory | 4 | | Surgical Treatment Center Act; or to attend a training course | 5 | | sponsored by a continuing education provider who has approval | 6 | | to provide continuing education in the State of Illinois and | 7 | | is in compliance with the provisions of the Dental Care | 8 | | Patient Protection Act. | 9 | | (c) The temporary visiting dentist permit shall only | 10 | | permit the holder to practice dentistry: (i) within the scope | 11 | | of the dental studies; (ii) in conjunction with the state or | 12 | | national dental professional association or society conference | 13 | | or meeting; or (iii) in conjunction with a continuing | 14 | | education program approved by the Department, for which the | 15 | | holder is attending. | 16 | | (d) The holder of a temporary visiting dentist permit may | 17 | | not administer conscious sedation, deep sedation, or general | 18 | | anesthesia. Each patient who seeks treatment from a temporary | 19 | | visiting dentist must sign a consent form acknowledging that | 20 | | the care the patient will receive will be provided by a dentist | 21 | | not licensed in the State of Illinois and that the dentist who | 22 | | has the collaborative agreement with the temporary visiting | 23 | | dentist will be responsible for all the follow-up care | 24 | | associated with the treatment rendered to the patient. | 25 | | (e) A valid written collaborative agreement must exist | 26 | | between the temporary visiting dentist and the Illinois |
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| 1 | | licensed dentist co-treating patients under this Section. The | 2 | | collaborative agreement must include a description of the care | 3 | | to be provided and procedures to be performed by the temporary | 4 | | visiting dentist. A copy of this agreement shall become part | 5 | | of the patient's dental record and shall be made available | 6 | | upon request to the Department. All follow-up care for any | 7 | | patients treated by a dentist holding a temporary visiting | 8 | | dentist permit shall be provided by an Illinois-licensed | 9 | | dentist. | 10 | | (f) A visiting dentist granted a temporary permit under | 11 | | this Section shall only be allowed to treat patients who are | 12 | | eligible for Medicaid or who are uninsured and whose household | 13 | | income in no greater than 200% of the federal poverty level as | 14 | | attested to by the patient. | 15 | | (g) An application for the temporary visiting dentist | 16 | | permit shall be made to the Department, in writing, on forms | 17 | | prescribed by the Department, and shall be accompanied by a | 18 | | nonrefundable fee provided for in Section 19.2. The | 19 | | application shall require information that will enable the | 20 | | Department to determine the qualifications of the applicant | 21 | | and the necessity for the granting of a temporary visiting | 22 | | dentist permit. | 23 | | (h) The temporary visiting dentist permit shall be valid | 24 | | for 6 months after the date of issuance. A temporary visiting | 25 | | dentist can provide clinical services for no more than 5 days | 26 | | per year. |
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| 1 | | (i) The Secretary may summarily terminate any permit | 2 | | issued pursuant to this Section, without a hearing, if the | 3 | | Secretary finds that evidence in his or her possession | 4 | | indicates that an individual permit holder's continuation in | 5 | | practice would constitute an imminent danger to the public. If | 6 | | the Secretary summarily suspends a permit issued pursuant to | 7 | | this Section, the permit holder may petition the Department | 8 | | for a hearing in accordance with the provisions of this Act to | 9 | | reinstate his or her permit. | 10 | | (j) In addition to terminating any permit issued pursuant | 11 | | to this Section, the Department may issue a monetary penalty | 12 | | not to exceed $1,000 upon the permit holder and may notify any | 13 | | state in which the permit holder has been issued a license that | 14 | | his or her Illinois permit has been terminated and the reasons | 15 | | for the termination. The monetary penalty shall be paid within | 16 | | 60 days after the effective date of the order imposing the | 17 | | penalty. The order shall constitute a judgment and may be | 18 | | filed and execution had thereon in the same manner as any | 19 | | judgment from any court of record. It is the intent of the | 20 | | General Assembly that a permit issued pursuant to this Section | 21 | | shall be considered a privilege and not a property right. | 22 | | Section 10. The Good Samaritan Act is amended by changing | 23 | | Section 20 as follows:
| 24 | | (745 ILCS 49/20)
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| 1 | | Sec. 20. Free dental clinic; exemption from civil
| 2 | | liability for services
performed without compensation. | 3 | | (a) Any person licensed under the Illinois Dental
Practice | 4 | | Act to practice
dentistry or to practice
as a dental hygienist | 5 | | who, in good faith, provides dental treatment, dental
| 6 | | services, diagnoses, or advice as part of the services of an | 7 | | established free
dental clinic providing care to medically | 8 | | indigent
patients which is limited to
care which does not | 9 | | require the services of a licensed hospital or ambulatory
| 10 | | surgical treatment center, and who receives no fee or | 11 | | compensation from that
source shall not, as a result of any | 12 | | acts or omissions, except for willful or
wanton misconduct on | 13 | | the part of the licensee, in providing dental treatment,
| 14 | | dental services, diagnoses or advice, be liable for civil | 15 | | damages. For purposes
of this Section, a "free dental clinic" | 16 | | is an organized
program
providing, without charge, dental care | 17 | | to
individuals unable to pay for their
care. For purposes of | 18 | | this Section, an "organized program" is a program sponsored by | 19 | | a community, public health, charitable, voluntary, or | 20 | | organized dental organization. Free dental services provided | 21 | | under this Section may be provided at a clinic or private | 22 | | dental office. A free dental clinic may receive reimbursement | 23 | | from the
Department
of Healthcare and Family Services or may | 24 | | receive partial reimbursement from a patient based upon
| 25 | | ability to pay, provided any such reimbursements shall be used | 26 | | only to pay
overhead expenses of operating the free dental |
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| 1 | | clinic and may not be used, in
whole or in part, to provide a | 2 | | fee, reimbursement, or other compensation to any person | 3 | | licensed
under the Illinois Dental Practice Act who is | 4 | | receiving an exemption under this
Section or to any entity | 5 | | that the person owns or controls or in which the person has an | 6 | | ownership interest or from which the person receives a fee, | 7 | | reimbursement, or compensation of any kind. Dental care shall | 8 | | not include the use of general anesthesia or require an
| 9 | | overnight stay in a health care facility.
| 10 | | (b) A dentist who administers vaccinations as provided in | 11 | | Section 54.3 of the Illinois Dental Practice Act at a public | 12 | | health clinic operated pursuant to the Public Health District | 13 | | Act, without charge to the patient or the receipt of a fee or | 14 | | compensation from that clinic or for that service in any way, | 15 | | shall not be liable for civil damages as a result of his or her | 16 | | acts or omissions in providing vaccinations, except for | 17 | | willful or wanton misconduct. | 18 | | (c) The provisions of this Section shall not apply in any | 19 | | case unless the
free dental clinic or public health clinic has | 20 | | posted in a conspicuous place on
its premises an
explanation | 21 | | of the immunity from civil liability provided in this Section.
| 22 | | (c-5) The provisions of this Section do not apply to a | 23 | | dentist issued a temporary visiting dentist permit pursuant to | 24 | | Section 19.3 of the Illinois Dental Practice Act. | 25 | | (d) The changes to this Section made by this amendatory | 26 | | Act of the 99th General Assembly apply only to causes of action |
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| 1 | | accruing on or after the effective date of
this amendatory Act | 2 | | of the 99th General Assembly. | 3 | | (Source: P.A. 99-92, eff. 1-1-16 .)".
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