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Public Act 097-0102 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by | ||||
changing Sections 23 and 24 as follows:
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(225 ILCS 25/23) (from Ch. 111, par. 2323)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 23. Refusal, revocation or suspension of dental | ||||
licenses. 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 $10,000 per violation, with
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regard to any license for any one or any combination of
the | ||||
following causes:
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1. Fraud in procuring the license.
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2. Habitual intoxication or addiction to the use of | ||||
drugs.
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3. Willful or repeated violations of the rules of the | ||||
Department of
Public Health or Department of Nuclear | ||||
Safety.
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4. Acceptance of a fee for service as a witness, | ||||
without the
knowledge of the court, in addition to the fee | ||||
allowed by the court.
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5. Division of fees or agreeing to split or divide the | ||
fees received
for dental services with any person for | ||
bringing or referring a patient,
except in regard to | ||
referral services as provided for under Section 45,
or | ||
assisting in the care or treatment of a patient,
without | ||
the
knowledge of the patient or his legal representative.
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6. Employing, procuring, inducing, aiding or abetting | ||
a person not
licensed or registered as a dentist to engage | ||
in the practice of
dentistry. The person practiced upon is | ||
not an accomplice, employer,
procurer, inducer, aider, or | ||
abetter within the meaning of this Act.
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7. Making any misrepresentations or false promises, | ||
directly or
indirectly, to influence, persuade or induce | ||
dental patronage.
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8. Professional connection or association with or | ||
lending his name
to another for the illegal practice of | ||
dentistry by another, or
professional connection or | ||
association with any person, firm or
corporation holding | ||
himself, herself, themselves, or itself out in any manner
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contrary to this Act.
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9. Obtaining or seeking to obtain practice, money, or | ||
any other
things of value by false or fraudulent | ||
representations, but
not limited to, engaging in such | ||
fraudulent practice to defraud the
medical assistance | ||
program of the Department of Healthcare and Family Services | ||
(formerly Department of Public Aid).
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10. Practicing under a name other than his or her own.
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11. Engaging in dishonorable,
unethical, or | ||
unprofessional conduct of a character likely to deceive,
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defraud, or harm the public.
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12. 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, conviction of a | ||
misdemeanor, an essential element of which
is dishonesty, | ||
or conviction of any crime which is directly related to the
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practice of dentistry or dental hygiene.
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13. Permitting a dental hygienist, dental assistant or | ||
other person
under his or her supervision to perform
any | ||
operation not authorized by this Act.
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14. Permitting more than 4 dental hygienists to be | ||
employed under
his supervision at any one time.
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15. A violation of any provision of this
Act or any | ||
rules promulgated under this Act.
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16. Taking impressions for or using the services of any | ||
person, firm
or corporation violating this Act.
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17. Violating any provision of Section 45 relating to | ||
advertising.
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18. Discipline by another U.S. jurisdiction or foreign | ||
nation,
if at least one of the grounds for the discipline | ||
is the
same or substantially equivalent to those set forth | ||
within this Act.
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19. Willfully failing to report an instance of |
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting
Act.
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20. Gross or repeated malpractice resulting in injury | ||
or death of a patient.
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21. The use or prescription for use of narcotics or | ||
controlled substances
or designated products as listed in | ||
the Illinois Controlled Substances
Act, in any way other | ||
than for therapeutic purposes.
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22. Willfully making or filing false records or reports | ||
in his practice
as a dentist, including, but not limited | ||
to, false records to support claims
against the dental | ||
assistance program of the Department of Healthcare and | ||
Family Services (formerly
Illinois Department of Public
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Aid).
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23. Professional incompetence as manifested by poor | ||
standards of care.
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24. Physical or mental illness, including, but not | ||
limited to,
deterioration
through
the aging process, or | ||
loss of motor skills which results in a dentist's
inability | ||
to practice dentistry with reasonable judgment, skill or | ||
safety. In
enforcing this paragraph, the Department may | ||
compel a person licensed to
practice under this Act to | ||
submit to a mental or physical examination pursuant
to the | ||
terms and conditions of Section 23b.
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25. Repeated irregularities in billing a third party | ||
for services rendered
to a patient. For purposes of this |
paragraph 25, "irregularities in billing"
shall include:
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(a) Reporting excessive charges for the purpose of | ||
obtaining a total
payment
in excess of that usually | ||
received by the dentist for the services rendered.
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(b) Reporting charges for services not rendered.
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(c) Incorrectly reporting services rendered for | ||
the purpose of obtaining
payment not earned.
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26. Continuing the active practice of dentistry while | ||
knowingly having
any infectious, communicable, or | ||
contagious disease proscribed by rule or
regulation of the | ||
Department.
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27. Being named as a perpetrator in an indicated report | ||
by the
Department of Children and Family Services pursuant | ||
to the Abused and
Neglected Child Reporting Act, and upon
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proof by clear and convincing evidence that the licensee | ||
has
caused a child to be an abused child or neglected child | ||
as defined in the
Abused and Neglected Child Reporting Act.
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28. Violating the Health Care Worker Self-Referral | ||
Act.
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29. Abandonment of a patient.
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30. Mental incompetency as declared by a court of | ||
competent
jurisdiction.
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31. A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation. | ||
All proceedings to suspend, revoke, place on probationary |
status, or
take any other disciplinary action as the Department | ||
may deem proper, with
regard to a license on any of the | ||
foregoing grounds, must be commenced
within 3 years after | ||
receipt by the Department of a complaint alleging the
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commission of or notice of the conviction order for any of the | ||
acts
described herein. Except for fraud in procuring a license, | ||
no
action shall be commenced more than 5 years after the date | ||
of the incident
or act alleged to have violated this Section. | ||
The time during which the
holder of the license was outside the | ||
State of Illinois shall not be
included within any period of | ||
time limiting the commencement of
disciplinary action by the | ||
Department.
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The Department may refuse to issue or may suspend the | ||
license of any
person who fails to file a return, or to pay the | ||
tax, penalty or interest
shown in a filed return, or to pay any | ||
final assessment of tax, penalty or
interest, as required by | ||
any tax Act administered by the Illinois
Department of Revenue, | ||
until such time as the requirements of
any such tax Act are | ||
satisfied.
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(Source: P.A. 94-1014, eff. 7-7-06.)
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(225 ILCS 25/24) (from Ch. 111, par. 2324)
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(Section scheduled to be repealed on January 1, 2016)
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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:
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1. Fraud in procuring license.
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2. Performing any operation not authorized by this Act.
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3. Practicing dental hygiene other than under the | ||
supervision of a
licensed dentist as provided by this Act.
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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.
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5. The obtaining of, or an attempt to obtain a license, | ||
or practice in the profession, or money, or any other thing
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of value by fraudulent representation.
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6. Gross negligence in performing the operative | ||
procedure of dental
hygiene.
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7. Active practice of dental hygiene while knowingly | ||
having any
infectious, communicable, or contagious disease | ||
proscribed by rule
or regulation of the Department.
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8. Habitual intoxication or addiction to the use of
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habit-forming drugs.
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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.
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10. Aiding or abetting the unlicensed practice of | ||
dentistry or
dental hygiene.
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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.
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12. Violating the Health Care Worker Self-Referral | ||
Act.
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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. | ||
15. A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation.
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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.
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(Source: P.A. 94-409, eff. 12-31-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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