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Public Act 094-0409 |
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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 Regulatory Sunset Act is amended by changing | ||||
Section 4.16 and by adding Section 4.26 as follows:
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(5 ILCS 80/4.16)
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Sec. 4.16. Acts repealed January 1, 2006. The following | ||||
Acts are repealed January 1, 2006:
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The Respiratory Care Practice Act.
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The Hearing Instrument Consumer Protection Act.
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The Illinois Dental Practice Act.
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The Professional Geologist Licensing Act.
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The Illinois Athletic Trainers Practice Act.
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The Barber, Cosmetology, Esthetics, and Nail Technology | ||||
Act of 1985.
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The Collection Agency Act.
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The Illinois Roofing Industry Licensing Act.
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The Illinois Physical Therapy Act.
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(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.)
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(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 Act repealed on January 1, 2016.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Act is repealed on January 1, 2016: | ||||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.
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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:
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(225 ILCS 25/4)
(from Ch. 111, par. 2304)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 4. Definitions. As used in this Act:
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(a) "Department" means the Illinois Department of | ||
Professional Regulation.
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(b) "Director" means the Director of Professional | ||
Regulation.
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(c) "Board" means the Board of Dentistry established by | ||
Section 6 of this
Act.
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(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.
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(e) "Dental hygienist" means a person who holds a license | ||
under this Act to
perform dental services as authorized by | ||
Section 18.
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(f) "Dental assistant" means an appropriately trained | ||
person
who, under the supervision of a dentist, provides dental | ||
services
as authorized by Section 17.
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(g) "Dental laboratory" means a person, firm or corporation | ||
which:
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(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
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(ii) utilizes or employs a dental technician to provide | ||
such services; and
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(iii) performs such functions only for a dentist or | ||
dentists.
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(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.
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(i) "General supervision" means supervision of a dental | ||
hygienist
requiring that the patient be a patient of record,
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that the dentist
examine the patient in accordance with Section | ||
18 prior to treatment by the
dental hygienist, and that the
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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.
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(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.
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(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.
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(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,
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periodontics, prosthodontics, and oral and maxillofacial
| ||
radiology.
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(m) "Specialist" means a dentist who has received a | ||
specialty license
pursuant to Section 11(b).
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(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.
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(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.
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(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.
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(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
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examination and evaluated the condition to be treated.
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(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.
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(Source: P.A. 92-280, eff. 1-1-02; 92-651, eff. 7-11-02; | ||
93-821, eff. 7-28-04.)
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(225 ILCS 25/7) (from Ch. 111, par. 2307)
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(Section scheduled to be repealed on January 1, 2006)
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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
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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
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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.
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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.
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(Source: P.A. 84-1308.)
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(225 ILCS 25/9) (from Ch. 111, par. 2309)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 9. Qualifications of Applicants for Dental Licenses. | ||
The
Department shall require that each applicant for a license | ||
to
practice dentistry shall:
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(a) (Blank).
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(b) Be at least 21 years of age and of good moral | ||
character.
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(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
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(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:
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(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 ;
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(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
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(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.
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(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.
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(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
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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
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passing score on the regional examinations as determined by | ||
each approved
regional testing service.
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(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.)
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(225 ILCS 25/11) (from Ch. 111, par. 2311)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 11. Types of Dental Licenses. The Department shall | ||
have the
authority to issue the following types of licenses:
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(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.
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(b) Specialty licenses. The Department shall issue a
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license authorizing practice as a specialist in any particular
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branch of dentistry to any dentist who has complied with the
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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.
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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.
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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.
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(c) Temporary training licenses. Persons who wish to pursue
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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
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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:
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(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;
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(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;
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(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.
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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
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engage in the practice of dentistry in this State.
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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.
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(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:
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(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
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dentistry at an approved
dental school or hospital situated | ||
in this State.
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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.
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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.)
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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, 2006)
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Sec. 16. Expiration, renewal and restoration of licenses.
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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.
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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.
|