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Public Act 102-0582 | ||||
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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 Section 19.2 as follows: | ||||
(225 ILCS 25/19.2) | ||||
(Section scheduled to be repealed on January 1, 2026) | ||||
Sec. 19.2. Temporary permit for free dental care. | ||||
(a) Upon Board recommendation, the The Department may | ||||
issue a temporary permit authorizing the practice in this | ||||
State, without compensation, of dentistry or dental hygiene to | ||||
an applicant who is licensed to practice dentistry or dental | ||||
hygiene in another state, if all of the following apply: | ||||
(1) the The Department determines that the applicant's | ||||
services will improve the welfare of Illinois residents | ||||
who are eligible for Medicaid or who are uninsured and | ||||
whose household income is not greater than 200% of the | ||||
federal poverty level; . | ||||
(2) the applicant has graduated from a dental program | ||||
approved by the American Dental Association's Commission | ||||
on Dental Accreditation and maintains an equivalent | ||||
authorization to practice dentistry in good standing in | ||||
his or her native licensing jurisdiction during the period |
of the temporary visiting dentist permit and can furnish | ||
the Department a certified letter upon request from that | ||
jurisdiction attesting to the fact that the applicant has | ||
no pending action or violations against his or her | ||
license; The Department determines that the applicant is | ||
qualified and satisfies the criteria specified under | ||
Sections 9 and 13 of this Act, except for the examination | ||
requirement. | ||
(3) the applicant has received an invitation to | ||
perform dental care by a charitable organization or has | ||
received an invitation to study or receive training on | ||
specific dental or clinical subjects or techniques by a | ||
licensed continuing education sponsor who is approved by | ||
the Department to provide clinical training in the State | ||
of Illinois on patients for the welfare of Illinois | ||
residents pursuant to subsection (a-5) and is in | ||
compliance with the provisions of this Act; | ||
(4) the applicant will be working pursuant to a | ||
collaborative agreement with and under the direct | ||
supervision of an Illinois licensed dentist, who is in | ||
good standing, during the duration of the program. The | ||
supervising dentist must be physically present during all | ||
clinical training courses; and | ||
(5) payment of a fee established by rule. | ||
The Department may adopt rules to implement this | ||
subsection. |
(a-5) Upon Board recommendation, after the filing of an | ||
application, the Department may allow approved continuing | ||
education sponsors to be licensed to provide live patient | ||
continuing education clinical training courses if the | ||
following requirements are met: | ||
(1) the continuing education course provides services, | ||
without compensation, that will improve the welfare of | ||
Illinois residents as described in paragraph (1) of | ||
subsection (a). The application to the Board must include | ||
the following information for review and approval by the | ||
Department: | ||
(i) a plan of follow-up care and training models; | ||
(ii) any and all documentation to be signed by the | ||
patients, including, but not limited to, waivers, | ||
consent forms, and releases; | ||
(iii) information related to the facilities being | ||
utilized, staffing plans, and emergency plans; | ||
(iv) the process by which patients will be | ||
contacted before, during, and after treatment; | ||
(v) the intended population that will be receiving | ||
treatment; and | ||
(vi) proof of valid malpractice insurance for the | ||
approved continuing education sponsor that extends | ||
coverage to clinical staff, trainees, and out-of-state | ||
permit holders that meet the requirements of | ||
subsection (a); |
(2) a valid written collaborative agreement must exist | ||
between the temporary visiting dentist and the Illinois | ||
licensed dentist co-treating patients under this Section. | ||
The collaborative agreement must include a description of | ||
the care to be provided and procedures to be performed by | ||
the temporary visiting dentist. There shall be no more | ||
than 5 trainees per supervising dentist. A copy of this | ||
agreement shall become part of the patient's dental record | ||
and shall be made available upon request to the | ||
Department; and | ||
(3) payment of a fee established by rule. | ||
A continuing education sponsor license issued under this | ||
Section shall be valid for a period of time as provided by | ||
rule. | ||
The Department shall adopt rules to implement this | ||
subsection. | ||
(b) (Blank). The Department may not require the applicant | ||
to pass an examination as provided in subsection (e) of | ||
Section 9 of this Act in order to receive a temporary permit | ||
under this Section. | ||
(c) A temporary permit shall be valid for no longer than 5 | ||
consecutive clinical days within 6 months from the date of | ||
issuance. The temporary permit may be issued once per year to a | ||
visiting dentist. Temporary permits under subsection (a) may | ||
be restored no more than one time within 5 years of the initial | ||
permits issuance. A temporary permit under this Section shall |
authorize the practice of dentistry or dental hygiene in a | ||
specified area of the State for a period of time not to exceed | ||
10 consecutive days in a year and may be renewed by the | ||
Department. The Department may require an applicant to pay a | ||
fee for the issuance or restoration renewal of a permit under | ||
this Section. | ||
(d) (Blank). The Secretary may summarily terminate any | ||
permit issued pursuant to this Section, without a hearing, if | ||
the Secretary finds that evidence in his or her possession | ||
indicates that an individual permit holder's continuation in | ||
practice would constitute an imminent danger to the public. In | ||
the event that the Secretary summarily suspends a permit | ||
issued pursuant to this Section, the permit holder may | ||
petition the Department for a hearing in accordance with the | ||
provisions of this Act to reinstate his or her permit. | ||
In addition to terminating any permit issued pursuant to | ||
this Section, the Department may issue a monetary penalty not | ||
to exceed $1,000 upon the permit holder and may notify any | ||
state in which the permit holder has been issued a license that | ||
his or her Illinois permit has been terminated and the reasons | ||
for the termination. The monetary penalty shall be paid within | ||
60 days after the effective date of the order imposing the | ||
penalty. The order shall constitute a judgment and may be | ||
filed and execution had thereon in the same manner as any | ||
judgment from any court of record. It is the intent of the | ||
General Assembly that a permit issued pursuant to this Section |
shall be considered a privilege and not a property right.
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(e) The temporary permit shall only permit the holder to | ||
practice dentistry within the scope of the dental studies and | ||
in conjunction with one of the following: | ||
(1) the charitable organization; or | ||
(2) a continuing education program provided by a | ||
continuing education sponsor approved by the Department | ||
pursuant to this Section that the permit holder is | ||
attending. | ||
(f) The temporary visiting dentist may not administer | ||
conscious sedation, deep sedation, or general anesthesia. | ||
(g) A patient who seeks treatment from a temporary | ||
visiting dentist must sign a consent form acknowledging that | ||
the care the patient will receive will be provided by a dentist | ||
not licensed in the State of Illinois and that the Illinois | ||
licensed dentist who has the collaborative agreement with the | ||
temporary visiting dentist will be responsible for all the | ||
follow-up care associated with the treatment rendered to the | ||
patient. | ||
(h) An application for the temporary permit shall be made | ||
to the Department in writing on forms prescribed by the | ||
Department and shall be accompanied by a nonrefundable fee | ||
established by rule. | ||
(i) An applicant for a temporary permit may be requested | ||
to appear before the Board to respond to questions concerning | ||
the applicant's qualifications to receive the permit. An |
applicant's refusal to appear before the Board may be grounds | ||
for denial of the application by the Department. | ||
(j) The Secretary may summarily cancel any permit or | ||
license issued pursuant to this Section without a hearing if | ||
the Secretary finds that evidence in his or her possession | ||
indicates that a continuing education sponsor licensed under | ||
this Section or a temporary permit holder's continuation in | ||
practice would constitute an imminent danger to the public or | ||
violate any provision of this Act or its rules.
If the | ||
Secretary summarily cancels a permit or license issued | ||
pursuant to this Section, the permit holder or licensee may | ||
petition the Department for a hearing in accordance with the | ||
provisions of subsection (b) of Section 26 of this Act to | ||
reinstate his or her permit or license. | ||
(k) In addition to terminating any permit or license | ||
issued pursuant to this Section, the Department may impose a | ||
monetary penalty not to exceed $10,000 upon the temporary | ||
permit holder or licensee and may notify any state in which the | ||
temporary permit holder or licensee has been issued a license | ||
that his or her Illinois permit or license has been terminated | ||
and the reasons for the termination. The monetary penalty | ||
shall be paid within 60 days after the effective date of the | ||
order imposing the penalty. The order shall constitute a | ||
judgment and may be filed and execution had thereon in the same | ||
manner as any judgment from any court of record. It is the | ||
intent of the General Assembly that a permit or license issued |
pursuant to this Section shall be considered a privilege and | ||
not a property right. | ||
(Source: P.A. 96-1222, eff. 7-23-10 .)
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Section 10. The Good Samaritan Act is amended by changing | ||
Section 20 as follows:
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(745 ILCS 49/20)
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Sec. 20. Free dental clinic; exemption from civil
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liability for services
performed without compensation. | ||
(a) Any person licensed under the Illinois Dental
Practice | ||
Act to practice
dentistry or to practice
as a dental hygienist | ||
who, in good faith, provides dental treatment, dental
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services, diagnoses, or advice as part of the services of an | ||
established free
dental clinic providing care to medically | ||
indigent
patients which is limited to
care which does not | ||
require the services of a licensed hospital or ambulatory
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surgical treatment center, and who receives no fee or | ||
compensation from that
source shall not, as a result of any | ||
acts or omissions, except for willful or
wanton misconduct on | ||
the part of the licensee, in providing dental treatment,
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dental services, diagnoses or advice, be liable for civil | ||
damages. For purposes
of this Section, a "free dental clinic" | ||
is an organized
program
providing, without charge, dental care | ||
to
individuals unable to pay for their
care. For purposes of | ||
this Section, an "organized program" is a program sponsored by |
a community, public health, charitable, voluntary, or | ||
organized dental organization. Free dental services provided | ||
under this Section may be provided at a clinic or private | ||
dental office. A free dental clinic may receive reimbursement | ||
from the
Department
of Healthcare and Family Services or may | ||
receive partial reimbursement from a patient based upon
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ability to pay, provided any such reimbursements shall be used | ||
only to pay
overhead expenses of operating the free dental | ||
clinic and may not be used, in
whole or in part, to provide a | ||
fee, reimbursement, or other compensation to any person | ||
licensed
under the Illinois Dental Practice Act who is | ||
receiving an exemption under this
Section or to any entity | ||
that the person owns or controls or in which the person has an | ||
ownership interest or from which the person receives a fee, | ||
reimbursement, or compensation of any kind. Dental care shall | ||
not include the use of general anesthesia or require an
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overnight stay in a health care facility.
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(b) A dentist who administers vaccinations as provided in | ||
Section 54.3 of the Illinois Dental Practice Act at a public | ||
health clinic operated pursuant to the Public Health District | ||
Act, without charge to the patient or the receipt of a fee or | ||
compensation from that clinic or for that service in any way, | ||
shall not be liable for civil damages as a result of his or her | ||
acts or omissions in providing vaccinations, except for | ||
willful or wanton misconduct. | ||
(c) The provisions of this Section shall not apply in any |
case unless the
free dental clinic or public health clinic has | ||
posted in a conspicuous place on
its premises an
explanation | ||
of the immunity from civil liability provided in this Section.
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(c-5) This Section does not apply to a dentist issued a | ||
temporary visiting dentist permit pursuant to Section 19.2 of | ||
the Illinois Dental Practice Act. | ||
(d) The changes to this Section made by this amendatory | ||
Act of the 99th General Assembly apply only to causes of action | ||
accruing on or after the effective date of
this amendatory Act | ||
of the 99th General Assembly. | ||
(Source: P.A. 99-92, eff. 1-1-16 .)
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