Illinois General Assembly - Full Text of Public Act 094-0409
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Public Act 094-0409


 

Public Act 0409 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0409
 
HB0875 Enrolled LRB094 06602 RAS 36694 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.16 and by adding Section 4.26 as follows:
 
    (5 ILCS 80/4.16)
    Sec. 4.16. Acts repealed January 1, 2006. The following
Acts are repealed January 1, 2006:
    The Respiratory Care Practice Act.
    The Hearing Instrument Consumer Protection Act.
    The Illinois Dental Practice Act.
    The Professional Geologist Licensing Act.
    The Illinois Athletic Trainers Practice Act.
    The Barber, Cosmetology, Esthetics, and Nail Technology
Act of 1985.
    The Collection Agency Act.
    The Illinois Roofing Industry Licensing Act.
    The Illinois Physical Therapy Act.
(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80,
eff. 6-30-95; 89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387,
eff. 8-20-95; 89-626, eff. 8-9-96.)
 
    (5 ILCS 80/4.26 new)
    Sec. 4.26. Act repealed on January 1, 2016. The following
Act is repealed on January 1, 2016:
    The Illinois Dental Practice Act.
 
    Section 10. The Illinois Dental Practice Act is amended by
changing Sections 4, 7, 9, 11, 16, 16.1, 19, 24, 25, and 50 and
by adding Sections 25.1 and 54.2 as follows:
 
    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 4. Definitions. As used in this Act:
    (a) "Department" means the Illinois Department of
Professional Regulation.
    (b) "Director" means the Director of Professional
Regulation.
    (c) "Board" means the Board of Dentistry established by
Section 6 of this Act.
    (d) "Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act and
who may perform any intraoral and extraoral procedure required
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
    (e) "Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
    (f) "Dental assistant" means an appropriately trained
person who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
    (g) "Dental laboratory" means a person, firm or corporation
which:
        (i) engages in making, providing, repairing or
    altering dental prosthetic appliances and other artificial
    materials and devices which are returned to a dentist for
    insertion into the human oral cavity or which come in
    contact with its adjacent structures and tissues; and
        (ii) utilizes or employs a dental technician to provide
    such services; and
        (iii) performs such functions only for a dentist or
    dentists.
    (h) "Supervision" means supervision of a dental hygienist
or a dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure is
performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
    (i) "General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with Section
18 prior to treatment by the dental hygienist, and that the
dentist authorize the procedures which are being carried out by
a notation in the patient's record, but not requiring that a
dentist be present when the authorized procedures are being
performed. The issuance of a prescription to a dental
laboratory by a dentist does not constitute general
supervision.
    (j) "Public member" means a person who is not a health
professional. For purposes of board membership, any person with
a significant financial interest in a health service or
profession is not a public member.
    (k) "Dentistry" means the healing art which is concerned
with the examination, diagnosis, treatment planning and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
    (l) "Branches of dentistry" means the various specialties
of dentistry which, for purposes of this Act, shall be limited
to the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, and oral and maxillofacial
radiology.
    (m) "Specialist" means a dentist who has received a
specialty license pursuant to Section 11(b).
    (n) "Dental technician" means a person who owns, operates
or is employed by a dental laboratory and engages in making,
providing, repairing or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
    (o) "Impaired dentist" or "impaired dental hygienist"
means a dentist or dental hygienist who is unable to practice
with reasonable skill and safety because of a physical or
mental disability as evidenced by a written determination or
written consent based on clinical evidence, including
deterioration through the aging process, loss of motor skills,
abuse of drugs or alcohol, or a psychiatric disorder, of
sufficient degree to diminish the person's ability to deliver
competent patient care.
    (p) "Nurse" means a registered professional nurse, a
certified registered nurse anesthetist licensed as an advanced
practice nurse, or a licensed practical nurse licensed under
the Nursing and Advanced Practice Nursing Act.
    (q) "Patient of record" means a patient for whom the
patient's most recent dentist has obtained a relevant medical
and dental history and on whom the dentist has performed an
examination and evaluated the condition to be treated.
    (r) "Dental emergency responder" means a dentist or dental
hygienist who is appropriately certified in emergency medical
response, as defined by the Department of Public Health.
(Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02;
93-821, eff. 7-28-04.)
 
    (225 ILCS 25/7)  (from Ch. 111, par. 2307)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 7. Recommendations by Board of Dentistry. The Director
shall consider the recommendations of the Board in establishing
guidelines for professional conduct, for the conduct of formal
disciplinary proceedings brought under this Act, and for
establishing guidelines for qualifications of applicants.
Notice of proposed rulemaking shall be transmitted to the Board
and the Department shall review the response of the Board and
any recommendations made therein. Upon the vote of at least
7/10 of the members of the Board, the Department shall adopt
the recommendations of the Board in any rulemaking under this
Act. The Department may, at any time, seek the expert advice
and knowledge of the Board on any matter relating to the
administration or enforcement of this Act. The action or report
in writing of a majority of the Board shall be sufficient
authority upon which the Director may act.
    Whenever the Director is satisfied that substantial
justice has not been done either in an examination or in the
revocation, suspension or refusal to issue a license, the
Director may order a reexamination or rehearing.
(Source: P.A. 84-1308.)
 
    (225 ILCS 25/9)  (from Ch. 111, par. 2309)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 9. Qualifications of Applicants for Dental Licenses.
The Department shall require that each applicant for a license
to practice dentistry shall:
    (a) (Blank).
    (b) Be at least 21 years of age and of good moral
character.
    (c) (1) Present satisfactory evidence of completion of
dental education by graduation from a dental college or school
in the United States or Canada approved by the Department. The
Department shall not approve any dental college or school which
does not require at least (A) 60 semester hours of collegiate
credit or the equivalent in acceptable subjects from a college
or university before admission, and (B) completion of at least
4 academic years of instruction or the equivalent in an
approved dental college or school before graduation; or
    (2) Present satisfactory evidence of completion of dental
education by graduation from a dental college or school outside
the United States or Canada and provide satisfactory evidence
that:
        (A) (blank) the completion of a dental education
    outside the United States or Canada authorized the
    applicant to practice dentistry in the country in which he
    or she completed the dental education;
        (B) the applicant has completed a minimum of 2 academic
    years of general dental clinical training at a dental
    college or school in the United States or Canada approved
    by the Department, however, an accredited advanced dental
    education program approved by the Department of no less
    than 2 years may be substituted for the 2 academic years of
    general dental clinical training and except that an
    applicant who was enrolled for not less than one year in an
    approved clinical program prior to January 1, 1993 at an
    Illinois dental college or school shall be required to
    complete only that program; and
        (C) the applicant has received certification from the
    dean of an approved dental college or school in the United
    States or Canada or the program director of an approved
    advanced dental education program stating that the
    applicant has achieved the same level of scientific
    knowledge and clinical competence as required of all
    graduates of the college, or school, or advanced dental
    education program.
    Nothing in this Act shall be construed to prevent either
the Department or any dental college or school from
establishing higher standards than specified in this Act.
    (d) In determining professional capacity under this
Section, any individual who has not been actively engaged in
the practice of dentistry, has not been a dental student, or
has not been engaged in a formal program of dental education
during the 5 years immediately preceding the filing of an
application may be required to complete such additional
testing, training, or remedial education as the Board may deem
necessary in order to establish the applicant's present
capacity to practice dentistry with reasonable judgment,
skill, and safety.
    (e) Pass an examination authorized or given by the
Department in the theory and practice of the science of
dentistry; provided, that the Department (1) may recognize a
certificate granted by the National Board of Dental Examiners
in lieu of, or subject to, such examination as may be required
and (2) may recognize successful completion of the preclinical
and clinical examination examinations conducted by approved
regional testing services in lieu of such examinations as may
be required. For purposes of this Section, successful
completion shall mean that the applicant has achieved a minimum
passing score on the regional examinations as determined by
each approved regional testing service.
(Source: P.A. 88-45; 88-635, eff. 1-1-95; 89-80, eff. 6-30-95;
89-116, eff. 7-7-95; 89-387, eff. 8-20-95; 89-626, eff.
8-9-96.)
 
    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 11. Types of Dental Licenses. The Department shall
have the authority to issue the following types of licenses:
    (a) General licenses. The Department shall issue a license
authorizing practice as a dentist to any person who qualifies
for a license under this Act.
    (b) Specialty licenses. The Department shall issue a
license authorizing practice as a specialist in any particular
branch of dentistry to any dentist who has complied with the
requirements established for that particular branch of
dentistry at the time of making application. The Department
shall establish additional requirements of any dentist who
announces or holds himself or herself out to the public as a
specialist or as being specially qualified in any particular
branch of dentistry.
    No dentist shall announce or hold himself or herself out to
the public as a specialist or as being specially qualified in
any particular branch of dentistry unless he or she is licensed
to practice in that specialty of dentistry.
    The fact that any dentist shall announce by card,
letterhead or any other form of communication using terms as
"Specialist," "Practice Limited To" or "Limited to Specialty
of" with the name of the branch of dentistry practiced as a
specialty, or shall use equivalent words or phrases to announce
the same, shall be prima facie evidence that the dentist is
holding himself or herself out to the public as a specialist.
    (c) Temporary training licenses. Persons who wish to pursue
specialty or other advanced clinical educational programs in an
approved dental school or a hospital situated in this State, or
persons who wish to pursue programs of specialty training in
dental public health in public agencies in this State, may
receive without examination, in the discretion of the
Department, a temporary training license. In order to receive a
temporary training license under this subsection, an applicant
shall furnish satisfactory proof to the Department that:
        (1) The applicant is at least 21 years of age and is of
    good moral character. In determining moral character under
    this Section, the Department may take into consideration
    any felony conviction of the applicant, but such a
    conviction shall not operate as bar to licensure;
        (2) The applicant has been accepted or appointed for
    specialty or residency training by an approved hospital
    situated in this State, by an approved dental school
    situated in this State, or by a public health agency in
    this State the training programs of which are recognized
    and approved by the Department. The applicant shall
    indicate the beginning and ending dates of the period for
    which he or she has been accepted or appointed;
        (3) The applicant is a graduate of a dental school or
    college approved and in good standing in the judgment of
    the Department. The Department may consider diplomas or
    certifications of education, or both, accompanied by
    transcripts of course work and credits awarded to determine
    if an applicant has graduated from a dental school or
    college approved and in good standing. The Department may
    also consider diplomas or certifications of education, or
    both, accompanied by transcripts of course work and credits
    awarded in determining whether a dental school or college
    is approved and in good standing.
    Temporary training licenses issued under this Section
shall be valid only for the duration of the period of residency
or specialty training and may be extended or renewed as
prescribed by rule. The holder of a valid temporary training
license shall be entitled thereby to perform acts as may be
prescribed by and incidental to his or her program of residency
or specialty training; but he or she shall not be entitled to
engage in the practice of dentistry in this State.
    A temporary training license may be revoked by the
Department upon proof that the holder has engaged in the
practice of dentistry in this State outside of his or her
program of residency or specialty training, or if the holder
shall fail to supply the Department, within 10 days of its
request, with information as to his or her current status and
activities in his or her specialty training program.
    (d) Restricted faculty licenses. Persons who have received
full-time appointments to teach dentistry at an approved dental
school or hospital situated in this State may receive without
examination, in the discretion of the Department, a restricted
faculty license. In order to receive a restricted faculty
license an applicant shall furnish satisfactory proof to the
Department that:
        (1) The applicant is at least 21 years of age, is of
    good moral character and is licensed to practice dentistry
    in another state or country; and
        (2) The applicant has a full-time appointment to teach
    dentistry at an approved dental school or hospital situated
    in this State.
    Restricted faculty licenses issued under this Section
shall be valid for a period of 3 2 years and may be extended or
renewed. The holder of a valid restricted faculty license may
perform acts as may be required by his or her teaching of
dentistry. In addition, the holder of a restricted faculty
license may practice general dentistry or in his or her area of
specialty, but only in a clinic or office affiliated with the
dental school. Any restricted faculty license issued to a
faculty member under this Section shall terminate immediately
and automatically, without any further action by the
Department, if the holder ceases to be a faculty member at an
approved dental school or hospital in this State.
    The Department may revoke a restricted faculty license for
a violation of this Act or its rules, or if the holder fails to
supply the Department, within 10 days of its request, with
information as to his current status and activities in his
teaching program.
    (e) Inactive status. Any person who holds one of the
licenses under subsection (a) or (b) of Section 11 or under
Section 12 of this Act may elect, upon payment of the required
fee, to place his or her license on an inactive status and
shall, subject to the rules of the Department, be excused from
the payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
    Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee and upon
payment the Department shall be required to restore his or her
license, as provided in Section 16 of this Act.
    Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
    (f) Certificates of Identification. In addition to the
licenses authorized by this Section, the Department shall
deliver to each dentist a certificate of identification in a
form specified by the Department.
(Source: P.A. 92-280, eff. 1-1-02.)
 
    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 16. Expiration, renewal and restoration of licenses.
The expiration date and renewal date period for each license
issued under this Act shall be set by rule. The renewal period
for each license issued under this Act shall be 3 years. A
dentist or dental hygienist may renew a license during the
month preceding its expiration date by paying the required fee.
A dental hygienist shall provide proof of current
cardiopulmonary resuscitation certification at the time of
renewal.
    Any dentist or dental hygienist whose license has expired
or whose license is on inactive status may have his license
restored at any time within 5 years after the expiration
thereof, upon payment of the required fee and a showing of
proof of compliance with current continuing education
requirements, as provided by rule.
    Any person whose license has been expired for more than 5
years or who has had his license on inactive status for more
than 5 years may have his license restored by making
application to the Department and filing proof acceptable to
the Department of taking continuing education and of his
fitness to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction, and by
paying the required restoration fee. A person practicing on an
expired license is deemed to be practicing without a license.
However, a holder of a license may renew the license within 90
days after its expiration by complying with the requirements
for renewal and payment of an additional fee. A license renewal
within 90 days after expiration shall be effective
retroactively to the expiration date.
    If a person whose license has expired or who has had his
license on inactive status for more than 5 years has not
maintained an active practice satisfactory to the department,
the Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active status
and may require the person to complete a period of evaluated
clinical experience and may require successful completion of a
practical examination.
    However, any person whose license has expired while he has
been engaged (1) in federal or state service active duty, or
(2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his license restored without paying any
lapsed renewal or restoration fee, if within 2 years after
termination of such service, training or education other than
by dishonorable discharge, he furnishes the Department with
satisfactory proof that he has been so engaged and that his
service, training or education has been so terminated.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 16.1. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act. In establishing rules, the Department shall
require a minimum of 48 32 hours of study in approved courses
for dentists during each 3-year 2 year licensing period and a
minimum of 36 24 hours of study in approved courses for dental
hygienists during each 3-year 2 year licensing period. These
continuing education rules shall only apply to licenses renewed
after November 1, 1992.
    The Department shall approve only courses that are relevant
to the treatment and care of patients, including, but not
limited to, clinical courses in dentistry and dental hygiene
and nonclinical courses such as patient management, legal and
ethical responsibilities, and stress management. Courses shall
not be approved in such subjects as estate and financial
planning, investments, or personal health. Approved courses
may include, but shall not be limited to, courses that are
offered or sponsored by approved colleges, universities, and
hospitals and by recognized national, State, and local dental
and dental hygiene organizations.
    No license shall be renewed unless the renewal application
is accompanied by an affidavit indicating that the applicant
has completed the required minimum number of hours of
continuing education in approved courses as required by this
Section. The affidavit shall not require a listing of courses.
The affidavit shall be a prima facie evidence that the
applicant has obtained the minimum number of required
continuing education hours in approved courses. The Department
shall not be obligated to conduct random audits or otherwise
independently verify that an applicant has met the continuing
education requirement. The Department, however, may not
conduct random audits of more than 10% of the licensed dentists
and dental hygienists in any one licensing cycle to verify
compliance with continuing education requirements. If the
Department, however, receives a complaint that a licensee has
not completed the required continuing education or if the
Department is investigating another alleged violation of this
Act by a licensee, the Department may demand and shall be
entitled to receive evidence from any licensee of completion of
required continuing education courses for the most recently
completed 3-year 2 year licensing period. Evidence of
continuing education may include, but is not limited to,
canceled checks, official verification forms of attendance,
and continuing education recording forms, that demonstrate a
reasonable record of attendance. The Illinois State Board of
Dentistry shall determine, in accordance with rules adopted by
the Department, whether a licensee or applicant has met the
continuing education requirements. Any dentist who holds more
than one license under this Act shall be required to complete
only the minimum number of hours of continuing education
required for renewal of a single license. The Department may
provide exemptions from continuing education requirements. The
exemptions shall include, but shall not be limited to, dentists
and dental hygienists who agree not to practice within the
State during the licensing period because they are retired from
practice.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 90-544,
eff. 1-1-98.)
 
    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 19. Licensing Applicants from other States. Any person
who has been lawfully licensed to practice dentistry, including
the practice of a licensed dental specialty, or dental hygiene
in another state or territory which has and maintains a
standard for the practice of dentistry, a dental specialty, or
dental hygiene at least equal to that now maintained in this
State, or if the requirements for licensure in such state or
territory in which the applicant was licensed were, at the date
of his licensure, substantially equivalent to the requirements
then in force in this State, and who has been lawfully engaged
in the practice of dentistry or dental hygiene for at least 3
of the 5 years immediately preceding the filing of his or her
application to practice in this State and who shall deposit
with the Department a duly attested certificate from the Board
of the state or territory in which he or she is licensed,
certifying to the fact of his or her licensing and of his or
her being a person of good moral character may, upon payment of
the required fee, be granted a license to practice dentistry, a
dental specialty, or dental hygiene in this State, as the case
may be.
    For the purposes of this Section, in computing 3 of the
immediately preceding 5 years of practice in another state or
territory, any person who left the practice of dentistry to
enter the military service and who practiced dentistry while in
the military service may count as a part of such period the
time spent by him in such service.
    Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 24. Refusal, Suspension or Revocation of Dental
Hygienist License. The Department may refuse to issue or renew
or , may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper,
including fines not to exceed $2,500 per violation, with regard
to any dental hygienist license for any one or any combination
of the following causes:
    1. Fraud in procuring license.
    2. Performing any operation not authorized by this Act.
    3. Practicing dental hygiene other than under the
supervision of a licensed dentist as provided by this Act.
    4. The wilful violation of, or the wilful procuring of, or
knowingly assisting in the violation of, any Act which is now
or which hereafter may be in force in this State relating to
the use of habit-forming drugs.
    5. The obtaining of, or an attempt to obtain a license, or
practice in the profession, or money, or any other thing of
value by fraudulent representation.
    6. Gross negligence in performing the operative procedure
of dental hygiene.
    7. Active practice of dental hygiene while knowingly having
any infectious, communicable, or contagious disease proscribed
by rule or regulation of the Department.
    8. Habitual intoxication or addiction to the use of
habit-forming drugs.
    9. Conviction in this or another state of any crime which
is a felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines, after
investigation, that such person has not been sufficiently
rehabilitated to warrant the public trust.
    10. Aiding or abetting the unlicensed practice of dentistry
or dental hygiene.
    11. Discipline by another U.S. jurisdiction or a foreign
nation, if at least one of the grounds for the discipline is
the same or substantially equivalent to those set forth in this
Act.
    12. Violating the Health Care Worker Self-Referral Act.
    13. Violating the prohibitions of Section 38.1 of this Act.
    14. Engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the
public.
    The provisions of this Act relating to proceedings for the
suspension and revocation of a license to practice dentistry
shall apply to proceedings for the suspension or revocation of
a license as a dental hygienist.
(Source: P.A. 91-520, eff. 1-1-00.)
 
    (225 ILCS 25/25)  (from Ch. 111, par. 2325)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 25. Notice of hearing; investigations and informal
conferences.
    (a) Upon the motion of either the Department or the Board
or upon the verified complaint in writing of any person setting
forth facts which if proven would constitute grounds for
refusal, suspension or revocation of license under this Act,
the Board shall investigate the actions of any person,
hereinafter called the respondent, who holds or represents that
he holds a license. All such motions or complaints shall be
brought to the Board.
    (b) Prior to taking an in-person statement from a dentist
or dental hygienist who is the subject of a complaint, the
investigator shall inform the dentist or the dental hygienist
in writing:
        (1) that the dentist or dental hygienist is the subject
    of a complaint; and
        (2) that the dentist or dental hygienist need not
    immediately proceed with the interview and may seek
    appropriate consultation prior to consenting to the
    interview; and .
        (3) that failure of the dentist or dental hygienist to
    proceed with the interview shall not prohibit the
    Department from conducting a visual inspection of the
    facility.
    A Department investigator's failure to comply with this
subsection may not be the sole ground for dismissal of any
order of the Department filed upon a finding of a violation or
for dismissal of a pending investigation.
    (c) If the Department concludes on the basis of a complaint
or its initial investigation that there is a possible violation
of the Act, the Department may:
        (1) schedule a hearing pursuant to this Act; or
        (2) request in writing that the dentist or dental
    hygienist being investigated attend an informal conference
    with representatives of the Department.
    The request for an informal conference shall contain the
nature of the alleged actions or inactions that constitute the
possible violations.
    A dentist or dental hygienist shall be allowed to have
legal counsel at the informal conference. If the informal
conference results in a consent order between the accused
dentist or dental hygienist and the Department, the consent
order must be approved by the Board and the Director. However,
if the consent order would result in a fine exceeding $5,000 or
the suspension or revocation of the dentist or dental hygienist
license, the consent order must be approved by the Board and
the Director. Participation in the informal conference by a
dentist, a dental hygienist, or the Department and any
admissions or stipulations made by a dentist, a dental
hygienist, or the Department at the informal conference,
including any agreements in a consent order that is
subsequently disapproved by either the Board or the Director,
shall not be used against the dentist, dental hygienist, or
Department at any subsequent hearing and shall not become a
part of the record of the hearing.
    (d) The Director shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Director may deem proper with regard
to any license, at least 30 days prior to the date set for the
hearing, notify the respondent in writing of any charges made
and the time and place for a hearing of the charges before the
Board, direct him or her to file his or her written answer
thereto to the Board under oath within 20 days after the
service on him or her of such notice and inform him or her that
if he or she fails to file such answer default will be taken
against him or her and his or her license may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken with regard thereto, including limiting the
scope, nature or extent of his or her practice, as the Director
may deem proper.
    (e) Such written notice and any notice in such proceedings
thereafter may be served by delivery personally to the
respondent, or by registered or certified mail to the address
last theretofore specified by the respondent in his or her last
notification to the Director.
(Source: P.A. 91-689, eff. 1-1-01.)
 
    (225 ILCS 25/25.1 new)
    Sec. 25.1. Subpoena powers.
    (a) The Department, upon a determination by the chairperson
of the Board that reasonable cause exists that a violation of
one or more of the grounds for discipline set forth in Section
23 or Section 24 of this Act has occurred or is occurring, may
subpoena the dental records of individual patients of dentists
and dental hygienists licensed under this Act.
    (b) Notwithstanding subsection (a) of this Section, the
Board and the Department may subpoena copies of hospital,
medical, or dental records in mandatory report cases alleging
death or permanent bodily injury when consent to obtain the
records has not been provided by a patient or a patient's legal
representative. All records and other information received
pursuant to a subpoena shall be confidential and shall be
afforded the same status as information concerning medical
studies under Part 21 of Article VIII of the Code of Civil
Procedure. The use of these records shall be restricted to
members of the Board, the dental coordinator, and appropriate
Department staff designated by the Secretary for the purpose of
determining the existence of one or more grounds for discipline
of the dentist or dental hygienist as provided for in Section
23 or Section 24 of this Act.
    (c) Any review of an individual patient's records shall be
conducted by the Department in strict confidentiality,
provided that the patient records shall be admissible in a
disciplinary hearing before the Secretary, the Board, or a
hearing officer designated by the Department when necessary to
substantiate the grounds for discipline alleged against the
dentist or dental hygienist licensed under this Act.
    (d) The Department may provide reimbursement for fees and
mileage associated with its subpoena power in the same manner
prescribed by law for judicial procedure in a civil case.
    (e) Nothing in this Section shall be deemed to supersede
the provisions of Part 21 of Article VIII of the Code of Civil
Procedure, now or hereafter amended, to the extent applicable.
 
    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 50. Patient Records. Every dentist shall make a record
of all dental work performed for each patient. The record shall
be made in a manner and in sufficient detail that it may be
used for identification purposes.
    Dental records required by this Section shall be maintained
for 10 years. Dental records required to be maintained under
this Section, or copies of those dental records, shall be made
available upon request to the patient or the patient's
guardian. A dentist shall be entitled to reasonable
reimbursement for the cost of reproducing these records, which
shall not exceed the cost allowed under Section 8-2003 of the
Code of Civil Procedure , provided that the reasonable cost of
reproducing the records has been paid by the patient or the
patient's guardian.
(Source: P.A. 87-576.)
 
    (225 ILCS 25/54.2 new)
    Sec. 54.2. Dental emergency responders. A dentist or dental
hygienist who is a dental emergency responder is deemed to be
acting within the bounds of his or her license when providing
care during a declared local, State, or national emergency.
 
    Section 99. Effective date. This Act takes effect December
31, 2005.

Effective Date: 12/31/2005