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Public Act 91-0520
SB287 Enrolled LRB9102305ACtm
AN ACT to amend the Illinois Dental Practice Act by
changing Sections 24, 37, and 44 and adding Section 38.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended
by changing Sections 24, 37, and 44 and adding Section 38.1
as follows:
(225 ILCS 25/24) (from Ch. 111, par. 2324)
Sec. 24. Refusal, Suspension or Revocation of Dental
Hygienist License. The Department may refuse to issue or
renew, 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.
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. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
(225 ILCS 25/37) (from Ch. 111, par. 2337)
Sec. 37. Unlicensed practice; injunctions. The practice
of dentistry by any person not holding a valid and current
license under this Act is declared to be inimical to the
public welfare, to constitute a public nuisance, and to cause
irreparable harm to the public welfare.
A person is considered to practice dentistry who:
(1) employs a dentist, dental hygienist, or other
entity which can provide dental services under this Act;
(2) directs or controls the use of any dental
equipment or material while such equipment or material is
being used for the provision of dental services, provided
that this provision shall not be construed to prohibit a
person from obtaining professional advice or assistance
in obtaining or from leasing the equipment or material,
provided the advice, assistance, or lease does not
restrict or interfere with the custody, control, or use
of the equipment or material by the person;
(3) directs, controls or interferes with a
dentist's or dental hygienist's clinical judgment; or
(4) exercises direction or control, by written
contract, license, or otherwise, over a dentist, dental
hygienist, or other entity which can provide dental
services under this Act in the selection of a course of
treatment; limitation of patient referrals; content of
patient records; policies and decisions relating to
refunds (if the refund payment would be reportable under
federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising; and
final decisions relating to employment of dental
assistants and dental hygienists. Nothing in this Act
shall, however, be construed as prohibiting the seeking
or giving of advice or assistance with respect to these
matters.
The purpose of this Section is to prevent a non-dentist
from influencing or otherwise interfering with the exercise
of independent professional judgment by a dentist, dental
hygienist, or other entity which can provide dental services
under this Act. Nothing in this Section shall be construed
to prohibit insurers and managed care plans from operating
pursuant to the applicable provisions of the Illinois
Insurance Code under which the entities are licensed.
The Director, the Attorney General, the State's attorney
of any county in the State, or any person may maintain an
action in the name of the People of the State of Illinois,
and may apply for injunctive relief in any circuit court to
enjoin such person from engaging in such practice; and upon
the filing of a verified petition in such court, the court if
satisfied by affidavit, or otherwise, that such person has
been engaged in such practice without a valid and current
license so to do, may enter a temporary restraining order
without notice or bond, enjoining the defendant from such
further practice. Only the showing of non-licensure, by
affidavit or otherwise, is necessary in order for a temporary
injunction to issue. A copy of the verified complaint shall
be served upon the defendant and the proceedings shall
thereafter be conducted as in other civil cases except as
modified by this Section. If it is established that the
defendant has been, or is engaged in such unlawful practice,
the court may enter an order or judgment perpetually
enjoining the defendant from further such practice. In all
proceedings hereunder the court, in its discretion, may
apportion the costs among the parties interested in the
action, including cost of filing the complaint, service of
process, witness fees and expenses, court reporter charges
and reasonable attorneys' fees. In case of violation of any
injunctive order entered under the provisions of this
Section, the court may summarily try and punish the offender
for contempt of court. Such injunction proceedings shall be
in addition to, and not in lieu of, all penalties and other
remedies provided in this Act.
(Source: P.A. 84-1308.)
(225 ILCS 25/38.1 new)
Sec. 38.1. Prohibition against interference by
non-dentists. The purpose of this Section is to ensure that
each dentist or dental hygienist practicing in this State
meets minimum requirements for safe practice without clinical
interference by persons not licensed under this Act. It is
the legislative intent that dental services be provided only
in accordance with the provisions of this Act and not be
delegated to unlicensed persons.
Unless otherwise authorized by this Act, a dentist or
dental hygienist is prohibited from providing dental services
in this State, if the dentist or dental hygienist:
(1) is employed by any person other than a dentist
to provide dental services; or
(2) allows any person other than another dentist to
direct, control, or interfere with the dentist's or
dental hygienist's clinical judgment. Clinical judgment
shall include but not be limited to such matters as the
dentist's or dental hygienist's selection of a course of
treatment, limitation of patient referrals, content of
patient records, policies and decisions relating to
refunds (if the refund payment would be reportable under
federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising, and
final decisions relating to employment of dental
assistants and dental hygienists. This paragraph shall
not be construed to limit a patient's right of informed
consent.
(225 ILCS 25/44) (from Ch. 111, par. 2344)
Sec. 44. Practice by Corporations Prohibited.
Exceptions. No corporation shall practice dentistry or
engage therein, or hold itself out as being entitled to
practice dentistry, or furnish dental services or dentists,
or advertise under or assume the title of dentist or dental
surgeon or equivalent title, or furnish dental advice for any
compensation, or advertise or hold itself out with any other
person or alone, that it has or owns a dental office or can
furnish dental service or dentists, or solicit through
itself, or its agents, officers, employees, directors or
trustees, dental patronage for any dentist employed by any
corporation.
Nothing contained in this Act, however, shall:
(a) prohibit a corporation from employing a dentist
or dentists to render dental services to its employees,
provided that such dental services shall be rendered at
no cost or charge to the employees;
(b) prohibit a corporation or association from
providing dental services upon a wholly charitable basis
to deserving recipients;
(c) prohibit a corporation or association from
furnishing information or clerical services which can be
furnished by persons not licensed to practice dentistry,
to any dentist when such dentist assumes full
responsibility for such information or services;
(d) prohibit dental corporations as authorized by
the Professional Service Corporation Act, dental
associations as authorized by the Professional
Association Act, or dental limited liability companies as
authorized by the Limited Liability Company Act;
(e) prohibit dental limited liability partnerships
as authorized by the Uniform Partnership Act;.
(f) prohibit hospitals, public health clinics,
federally qualified health centers, or other entities
specified by rule of the Department from providing dental
services; or
(g) prohibit dental management service
organizations from providing non-clinical business
services that do not violate the provisions of this Act.
Any corporation violating the provisions of this Section
is guilty of a Class A misdemeanor and each day that this Act
is violated shall be considered a separate offense.
(Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)
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