Public Act 094-1028
 		





SB0279 Enrolled
LRB094 07052 RAS 37196 b






    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 37 and 38.1 and by adding Section 38.2 as 
follows:

 



    (225 ILCS 25/37)  (from Ch. 111, par. 2337)


    (Section scheduled to be repealed on January 1, 2016)

    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.

    This Section does not apply to an executor, administrator, 
guardian, or authorized representative contracting with 
another dentist or dentists to continue the operations of a 
deceased or incapacitated dentist's practice under Section 
38.2 of this Act.

(Source: P.A. 91-520, eff. 1-1-00.)

 



    (225 ILCS 25/38.1)


    (Section scheduled to be repealed on January 1, 2016)

    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, except as set forth in Section 
    38.2 of this Act; 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. An executor, 
    administrator, guardian, or authorized representative 
    contracting with another dentist or dentists to continue 
    the operations of a deceased or incapacitated dentist's 
    practice under Section 38.2 of this Act who violates this 
    paragraph (2) is subject to the civil penalties set forth 
    in Section 8.5 of this Act.


(Source: P.A. 91-520, eff. 1-1-00.)

 
    (225 ILCS 25/38.2  new)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 38.2. Death or incapacitation of dentist.

    (a) The executor or administrator of a dentist's estate or 
the legal guardian or authorized representative of a dentist 
who has become incapacitated may contract with another dentist 
or dentists to continue the operations of the deceased or 
incapacitated dentist's practice (if the practice of the 
deceased or incapacitated dentist is a sole proprietorship, a 
corporation where the deceased or incapacitated dentist is the 
sole shareholder, or a limited liability company where the 
deceased or incapacitated dentist is the sole member) for a 
period of no more than one year from the time of death or 
incapacitation of the dentist or until the practice is sold, 
whichever occurs first, if all the following conditions are 
met:
        (1) The executor, administrator, guardian, or 
    authorized representative executes and files with the 
    Department a notification of death or incapacitation on a 
    form provided by the Department, which notification shall 
    include the following:
            (A) the name and license number of the deceased or 
        incapacitated dentist;

            (B) the name and address of the dental practice;
            (C) the name, address, and tax identification 
        number of the estate;
            (D) the name and license number of each dentist who 
        will operate the dental practice; and
            (E) an affirmation, under penalty of perjury, that 
        the information provided is true and correct and that 
        the executor, administrator,   guardian, or authorized 
        representative understands that any interference by 
        the executor, administrator, guardian, or authorized 
        representative or any agent or assignee of the 
        executor, administrator, guardian, or authorized 
        representative with the contracting dentist's or 
        dentists' practice of dentistry or professional 
        judgment or any other violation of this Section is 
        grounds for an immediate termination of the operations 
        of the dental practice.
        (2) Within 30 days after the death or incapacitation of 
    a dentist, the executor, administrator, guardian, or 
    authorized representative shall send notification of the 
    death or incapacitation by mail to the last known address 
    of each patient of record that has seen the deceased or 
    incapacitated dentist within the previous 12 months, with 
    an explanation of how copies of the practitioner's records 
    may be obtained. This notice may also contain any other 
    relevant information concerning the continuation of the 
    dental practice.
    Continuation of the operations of the dental practice of a 
deceased or incapacitated dentist shall not begin until the 
provisions of this subsection (a) have been met.
    (b) The Secretary may terminate the operations of a dental 
practice operating pursuant to this Section if the Department 
has evidence of a violation of this Section or Section 23 or 24 
of this Act.  The Secretary must conduct a hearing before 
terminating the operations of a dental practice operating 
pursuant to this Section.  At least 15 days before the hearing 
date, the Department (i) must notify, in writing,  the executor, 
administrator, guardian, or authorized representative at the 
address provided, pursuant to item (C) of subdivision (1) of 
subsection (a) of this Section, and to the contracting dentist 
or dentists at the address of the dental practice provided 
pursuant to item (B) of subdivision (1) of subsection (a) of 
this Section, of any charges made and of the time and place of 
the hearing on the charges before the Secretary or hearing 
officer, as provided in Section 30 of this Act, (ii) direct the 
executor, administrator, guardian, or authorized 
representative to file his or her written answer to such 
charges with the Secretary under oath within 10 days after the 
service on the executor, administrator, guardian, or 
authorized representative of the notice, and (iii) inform the 
executor, administrator,  guardian, or authorized 
representative that if he or she fails to file such answer, a 
default judgment will be entered against him or her and the 
operations of the dental practice shall be terminated.

    (c) If the Secretary finds that evidence in his or her 
possession indicates that a violation of this Section or 
Section 23 or 24 of this Act constitutes an immediate threat to 
the public health, safety, or welfare, the Secretary may 
immediately terminate the operations of the dental practice 
without a hearing. Upon service by certified mail to the 
executor,  administrator, guardian, or authorized 
representative, at the address provided pursuant to item (C) of 
subdivision (1) of subsection (a) of this Section, and the 
contracting dentist or dentists, at the address of the dental 
practice provided pursuant to item (B) of subdivision (1) of 
subsection (a) of this Section,  of notice of an order 
immediately terminating the operations of the dental practice, 
the executor, administrator, guardian, or authorized 
representative may petition the Department within 30 days for a 
hearing to take place within 30 days after the petition is 
filed.
    (d) The Department may require, by rule, the submission to 
the Department of any additional information necessary for the 
administration of this Section.