|
|
||||
| Public Act 094-1014 |
||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
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 5, 23, and 48 and by adding Section 19.1 as | ||||
follows:
| ||||
(225 ILCS 25/5) (from Ch. 111, par. 2305)
| ||||
(Section scheduled to be repealed on January 1, 2016)
| ||||
Sec. 5. Powers and duties of Department. Subject to the
| ||||
provisions of this Act, the Department shall exercise the | ||||
following
functions, powers and duties:
| ||||
(a) Conduct or authorize examinations to ascertain the | ||||
fitness and
qualifications of applicants for dental licenses or | ||||
dental hygienist
licenses, pass upon the qualifications of
| ||||
applicants
for licenses, and issue licenses to such as are | ||||
found to be fit and qualified.
| ||||
(b) Prescribe rules and regulations for a method of | ||||
examination of
candidates.
| ||||
(c) Prescribe rules and regulations defining what shall | ||||
constitute an
approved program, school, college or department | ||||
of a university except
that no program, school,
college or | ||||
department of a university that refuses admittance to
| ||||
applicants solely on account of race, color, creed, sex or | ||||
national
origin shall be approved.
| ||||
(d) Conduct hearings on proceedings to revoke, suspend, or | ||||
on objection
to the issuance of licenses and to revoke,
suspend | ||||
or refuse to issue such licenses.
| ||||
(e) Promulgate rules and regulations required for the | ||||
administration of
this Act.
| ||||
(f) The Department may require completion of a census by | ||||
all licensed dentists in order to obtain relevant information | ||||
regarding the availability of dental services within the State.
| ||||
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
| ||
(225 ILCS 25/19.1 new)
| ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 19.1. Temporary authorization of applicants from | ||
other jurisdictions. A person holding an active, unencumbered | ||
license in good standing in another jurisdiction who applies | ||
for a license pursuant to Section 19 of this Act due to a | ||
natural disaster or catastrophic event in another | ||
jurisdiction, may be temporarily authorized by the Secretary to | ||
practice dentistry or dental hygiene under the supervision of a | ||
dentist licensed under this Act, pending the issuance of the | ||
license. This temporary authorization shall expire upon | ||
issuance of the license or upon notification that the | ||
Department has denied licensure. | ||
The Department may adopt all rules necessary for the | ||
administration of this Section.
| ||
(225 ILCS 25/23) (from Ch. 111, par. 2323)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
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
| ||
regard to any license for any one or any combination of
the | ||
following causes:
| ||
1. Fraud in procuring the license.
| ||
2. Habitual intoxication or addiction to the use of drugs.
| ||
3. Willful
Wilful or repeated violations of the rules of | ||
the Department of
Public Health or Department of Nuclear | ||
Safety.
| ||
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.
| ||
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.
| ||
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.
| ||
7. Making any misrepresentations or false promises, | ||
directly or
indirectly, to influence, persuade or induce dental | ||
patronage.
| ||
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
contrary to this Act.
| ||
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).
| ||
10. Practicing under a name other than his or her own.
| ||
11. Engaging in dishonorable,
unethical, or unprofessional | ||
conduct of a character likely to deceive,
defraud, or harm the | ||
public.
| ||
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
practice of dentistry or | ||
dental hygiene.
| ||
13. Permitting a dental hygienist, dental assistant or | ||
other person
under his or her supervision to perform
any | ||
operation not authorized by this Act.
| ||
14. Permitting more than 4 dental hygienists to be employed | ||
under
his supervision at any one time.
| ||
15. A violation of any provision of this
Act or any rules | ||
promulgated under this Act.
| ||
16. Taking impressions for or using the services of any | ||
person, firm
or corporation violating this Act.
| ||
17. Violating any provision of Section 45 relating to | ||
advertising.
| ||
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.
| ||
19. Willfully failing to report an instance of suspected | ||
child abuse or
neglect as required by the Abused and Neglected | ||
Child Reporting
Act.
| ||
20. Gross or repeated malpractice resulting in injury or | ||
death of a patient.
| ||
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.
| ||
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
Aid).
| ||
23. Professional incompetence as manifested by poor | ||
standards of care.
| ||
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.
| ||
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:
| ||
(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.
| ||
(b) Reporting charges for services not rendered.
| ||
(c) Incorrectly reporting services rendered for the | ||
purpose of obtaining
payment not earned.
| ||
26. Continuing the active practice of dentistry while | ||
knowingly having
any infectious, communicable, or contagious | ||
disease proscribed by rule or
regulation of the Department.
| ||
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
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.
| ||
28. Violating the Health Care Worker Self-Referral Act.
| ||
29. Abandonment of a patient.
| ||
30. Mental incompetency as declared by a court of competent
| ||
jurisdiction.
| ||
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
| ||
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.
| ||
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.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01; | ||
revised 12-15-05.)
| ||
(225 ILCS 25/48) (from Ch. 111, par. 2348)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 48. Manufacture of dentures, bridges or replacements | ||
for
dentists; prescriptions; order; penalties. | ||
(a) Any dentist who
employs or engages the services of any | ||
dental laboratory to construct or
repair, extraorally, | ||
prosthetic dentures, bridges, or other replacements
for a part | ||
of a tooth, a tooth, or teeth, or who directs a dental
| ||
laboratory to participate in shade selection for a prosthetic | ||
appliance,
shall furnish such dental laboratory with a written | ||
prescription on forms
prescribed by the Department which shall | ||
contain:
| ||
(1) The name and address of the dental laboratory
to | ||
which the prescription is directed.
| ||
(2) The patient's name or identification number. If a | ||
number is used,
the patient's name shall be written upon | ||
the duplicate copy of the
prescription retained by the | ||
dentist.
| ||
(3) The date on which the prescription was written.
| ||
(4) A description of the work to be done, including | ||
diagrams if necessary.
| ||
(5) A specification of the type and quality of | ||
materials to be used.
| ||
(6) The signature of the dentist and the number of his | ||
or her license
to practice dentistry.
| ||
(b) The dental laboratory receiving a prescription from a
| ||
dentist shall retain the original prescription and the dentist | ||
shall
retain a duplicate copy thereof for inspection at any | ||
reasonable time by
the Department or its duly authorized | ||
agents, for a period of 3 years in both cases.
| ||
(c) If the dental laboratory receiving a written | ||
prescription
from a dentist engages another dental laboratory
| ||
(hereinafter referred to as "subcontractor") to perform some of | ||
the
services relative to such prescription, it shall furnish a | ||
written
order with respect thereto on forms prescribed by the | ||
Department
which shall contain:
| ||
(1) The name and address of the subcontractor.
| ||
(2) A number identifying the order with the original | ||
prescription, which
number shall be endorsed on the | ||
prescription received from the dentist.
| ||
(3) The date on which the order was written.
| ||
(4) A description of the work to be done by the
| ||
subcontractor, including diagrams if necessary.
| ||
(5) A specification of the type and quality of | ||
materials to be used.
| ||
(6) The signature of an agent of the dental laboratory
| ||
issuing the order. The subcontractor shall
retain the order | ||
and the issuer thereof shall retain a duplicate
copy, | ||
attached to the prescription received from the dentist, for
| ||
inspection by the Department or its duly authorized agents, | ||
for a period of
3 years in both cases.
| ||
(7) A copy of the order to the subcontractor shall be | ||
furnished
to the dentist.
| ||
(c-5) Regardless of whether the dental laboratory | ||
manufactures the dental appliance or has it manufactured by a | ||
subcontractor, the laboratory shall provide to the prescribing | ||
dentist the (i) location where the work was done and (ii) | ||
source and original location where the materials were obtained.
| ||
(d) Any dentist who:
| ||
(1) employs or engages the services of any dental | ||
laboratory to
construct or repair, extraorally, prosthetic | ||
dentures, bridges, or other
dental appliances without | ||
first providing such dental laboratory with a
written | ||
prescription;
| ||
(2) fails to retain a duplicate copy of the | ||
prescription for 3 years; or
| ||
(3) refuses to allow the Department or its duly | ||
authorized agents to
inspect his or her files of | ||
prescriptions;
| ||
is guilty of a Class A
misdemeanor and the Department may | ||
revoke or suspend his or her license
therefor.
| ||
(e) Any dental laboratory which:
| ||
(1) furnishes such services to any dentist without | ||
first obtaining a
written prescription therefor from such | ||
dentist;
| ||
(2) acting as a subcontractor as described in (c) | ||
above, furnishes such
services to any dental laboratory | ||
without first obtaining a written order
from such dental | ||
laboratory;
| ||
(3) fails to retain the original prescription or order, | ||
as the case may
be, for 3 years; or
| ||
(4) refuses to allow the Department or its duly | ||
authorized agents
to inspect its files of prescriptions or | ||
orders; or | ||
(5) fails to provide any information required under | ||
this Section to the prescribing dentist;
| ||
is guilty of
a Class A misdemeanor.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||