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1 | AN ACT concerning dental practice.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Dental Practice Act is amended by | |||||||||||||||||||||||||||
5 | changing Sections 6, 16, 17, and 49 and by adding Section 7.5 | |||||||||||||||||||||||||||
6 | as follows:
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7 | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
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8 | (Section scheduled to be repealed on January 1, 2016)
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9 | Sec. 6. Board of Dentistry - Report By Majority Required. | |||||||||||||||||||||||||||
10 | There
is created a Board of Dentistry, to be composed of | |||||||||||||||||||||||||||
11 | persons designated from
time to time by the Director, as | |||||||||||||||||||||||||||
12 | follows:
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13 | Eleven persons, 8 of whom have been dentists for a period | |||||||||||||||||||||||||||
14 | of 5
years or
more; 2 of whom have been dental hygienists
for a | |||||||||||||||||||||||||||
15 | period of 5 years or more, and one public member.
None of the | |||||||||||||||||||||||||||
16 | members shall be an officer, dean, assistant dean, or associate
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17 | dean of a
dental college or dental department of an institute | |||||||||||||||||||||||||||
18 | of learning, nor shall any
member be
the program director of | |||||||||||||||||||||||||||
19 | any dental hygiene program. A board member who holds a
faculty | |||||||||||||||||||||||||||
20 | position in a dental school or dental hygiene program shall not
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21 | participate in the
examination of applicants for licenses from | |||||||||||||||||||||||||||
22 | that school or program. The
dental
hygienists shall not | |||||||||||||||||||||||||||
23 | participate in the examination of
applicants for licenses
to |
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1 | practice dentistry or in rulemaking or disciplinary cases that | ||||||
2 | involve clinical standards or clinical judgments by dentists . | ||||||
3 | The public member shall not participate in the
examination of | ||||||
4 | applicants for licenses to
practice dentistry or dental
hygiene | ||||||
5 | or in rulemaking or disciplinary cases that involve clinical | ||||||
6 | standards or clinical judgments by dentists . The board shall | ||||||
7 | annually elect a chairman who shall be a dentist.
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8 | Terms for all members shall be for 4 years. Partial terms | ||||||
9 | over 2 years
in length shall be considered as full terms. A | ||||||
10 | member may be reappointed
for a successive term, but no member | ||||||
11 | shall serve more than 2 full terms in
his or her lifetime.
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12 | The membership of the Board shall include only residents | ||||||
13 | from various
geographic areas of this State and shall include | ||||||
14 | at least some graduates
from various institutions of dental | ||||||
15 | education in this State.
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16 | In making appointments to the Board the Director shall give | ||||||
17 | due
consideration to recommendations by organizations of the | ||||||
18 | dental profession
in Illinois, including the Illinois State | ||||||
19 | Dental Society and Illinois
Dental Hygienists Association, and | ||||||
20 | shall promptly give due notice to
such organizations of any | ||||||
21 | vacancy in the membership of the Board.
The Director may | ||||||
22 | terminate the appointment of any member for cause which in
the | ||||||
23 | opinion of the Director reasonably justifies such termination.
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24 | A vacancy in the membership of the Board
shall not impair | ||||||
25 | the right of a quorum to exercise all the rights
and perform | ||||||
26 | all the duties of the Board.
Any action to be taken by the |
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1 | Board under this Act may be authorized
by resolution at any | ||||||
2 | regular or special meeting, and each such resolution
shall take | ||||||
3 | effect immediately. The Board shall meet at least quarterly.
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4 | The Board may adopt all rules and regulations necessary and | ||||||
5 | incident
to its powers and duties under this Act.
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6 | The members of the Board shall each receive as compensation | ||||||
7 | a reasonable
sum as determined by the Director for each day | ||||||
8 | actually engaged in the
duties of the office, and all | ||||||
9 | legitimate and necessary expense incurred in
attending the | ||||||
10 | meetings of the Board.
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11 | Members of the Board shall be immune from suit in any | ||||||
12 | action based
upon any disciplinary proceedings or other | ||||||
13 | activities performed in good
faith as members of the Board.
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14 | (Source: P.A. 93-821, eff. 7-28-04 .)
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15 | (225 ILCS 25/7.5 new)
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16 | Sec. 7.5. Emerging scientific technology and applications. | ||||||
17 | In the interest of public safety, the Board shall annually | ||||||
18 | review emerging scientific technology and applications and, | ||||||
19 | when appropriate, adopt rules to govern the appropriate use and | ||||||
20 | require the appropriate training needed for this technology by | ||||||
21 | dental hygienists and assistants acting under the supervision | ||||||
22 | of a dentist. "Emerging scientific technology" may include | ||||||
23 | without limitation laser treatments and other treatments and | ||||||
24 | potential treatments that, if used incorrectly, could have an | ||||||
25 | adverse effect on patient health and safety.
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1 | (225 ILCS 25/16) (from Ch. 111, par. 2316)
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2 | (Section scheduled to be repealed on January 1, 2016)
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3 | Sec. 16. Expiration, renewal and restoration of licenses.
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4 | The expiration
date and renewal date for each license issued | ||||||
5 | under this Act shall
be set by
rule. The renewal period for | ||||||
6 | each license issued under this Act shall be 3 years. A dentist | ||||||
7 | or dental hygienist may renew a license during the month
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8 | preceding its expiration date by paying the required fee. A | ||||||
9 | dental hygienist
shall provide proof of current | ||||||
10 | cardiopulmonary resuscitation certification at
the time of | ||||||
11 | renewal. Cardiopulmonary resuscitation certification training | ||||||
12 | taken as a requirement of this section shall be counted towards | ||||||
13 | the continuing education hours under section 16.1 of this Act.
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14 | Any dentist or dental hygienist whose license has expired | ||||||
15 | or whose license is
on inactive status may have his license | ||||||
16 | restored at any time within 5 years
after the expiration | ||||||
17 | thereof, upon payment of the required fee and a showing of | ||||||
18 | proof of compliance with current continuing education | ||||||
19 | requirements, as provided by rule.
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20 | Any person whose license has been expired for more than 5 | ||||||
21 | years or who has
had his license on inactive status for more | ||||||
22 | than 5 years may have his license
restored by making | ||||||
23 | application to the Department and filing proof acceptable to
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24 | the Department of taking continuing education and of his | ||||||
25 | fitness to have the license restored, including sworn
evidence |
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1 | certifying to active practice in another jurisdiction, and by | ||||||
2 | paying
the required restoration fee. A person practicing on an | ||||||
3 | expired license is
deemed to be practicing without a license. | ||||||
4 | However, a holder of a license may renew the license within 90 | ||||||
5 | days after its expiration by complying with the requirements | ||||||
6 | for renewal and payment of an additional fee. A license renewal | ||||||
7 | within 90 days after expiration shall be effective | ||||||
8 | retroactively to the expiration date.
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9 | If a person whose license has expired or who has had his | ||||||
10 | license on inactive
status for more than 5 years has not | ||||||
11 | maintained an active practice satisfactory
to the department, | ||||||
12 | the Department shall determine, by
an evaluation process | ||||||
13 | established by rule, his or her fitness to resume
active status | ||||||
14 | and may require the person to complete a period of evaluated
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15 | clinical experience and may require successful completion of a | ||||||
16 | practical
examination.
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17 | However, any person whose license has
expired while he has | ||||||
18 | been engaged (1) in federal or state service active
duty, or | ||||||
19 | (2) in training or education under the supervision of the | ||||||
20 | United
States preliminary to induction into the military | ||||||
21 | service, may have his
license restored without paying any | ||||||
22 | lapsed
renewal or restoration fee, if within 2 years after | ||||||
23 | termination of such
service, training or education other than | ||||||
24 | by dishonorable discharge, he
furnishes the Department with | ||||||
25 | satisfactory proof that he has been so
engaged and that his | ||||||
26 | service, training or education has been so terminated.
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1 | (Source: P.A. 94-409, eff. 12-31-05.)
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2 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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3 | (Section scheduled to be repealed on January 1, 2016)
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4 | Sec. 17. Acts Constituting the Practice of Dentistry. A | ||||||
5 | person
practices dentistry, within the meaning of this Act:
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6 | (1) Who represents himself as being able to diagnose or | ||||||
7 | diagnoses,
treats, prescribes, or operates for any | ||||||
8 | disease, pain, deformity, deficiency,
injury, or physical | ||||||
9 | condition of the human tooth, teeth, alveolar process,
gums | ||||||
10 | or jaw; or
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11 | (2) Who is a manager, proprietor, operator or conductor | ||||||
12 | of a
business where
dental operations are performed; or
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13 | (3) Who performs dental operations of any kind; or
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14 | (4) Who uses an X-Ray machine or X-Ray films for
dental | ||||||
15 | diagnostic purposes; or
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16 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
17 | attempts to
correct
malpositions of the human teeth or | ||||||
18 | jaws; or
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19 | (6) Who offers or undertakes, by any means or method, | ||||||
20 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
21 | materials from human teeth or jaws; or
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22 | (7) Who uses or administers local or general | ||||||
23 | anesthetics in the treatment
of dental or oral diseases or | ||||||
24 | in any preparation incident to a dental operation
of any | ||||||
25 | kind or character; or
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1 | (8) Who takes impressions of the human tooth, teeth, or | ||||||
2 | jaws or performs
any phase of any operation incident to the | ||||||
3 | replacement of a part of a tooth,
a tooth, teeth or | ||||||
4 | associated tissues by means of a filling, crown, a bridge,
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5 | a denture or other appliance; or
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6 | (9) Who offers to furnish, supply, construct, | ||||||
7 | reproduce or repair, or
who furnishes, supplies, | ||||||
8 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
9 | bridges or other substitutes for natural teeth, to the user | ||||||
10 | or
prospective user thereof; or
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11 | (10) Who instructs students on clinical matters or | ||||||
12 | performs any clinical
operation included in the curricula | ||||||
13 | of recognized dental schools and colleges ; or .
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14 | (11) Who takes impressions of human teeth or performs | ||||||
15 | any phase of any operation incident to teeth whitening, | ||||||
16 | including, but not limited to, the sale, instruction, and | ||||||
17 | application on site of teeth whitening materials or | ||||||
18 | procedures. | ||||||
19 | The fact that any person engages in or performs, or offers | ||||||
20 | to engage in
or perform, any of the practices, acts, or | ||||||
21 | operations set forth in this
Section, shall be prima facie | ||||||
22 | evidence that such person is engaged in the
practice of | ||||||
23 | dentistry.
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24 | The following practices, acts, and operations, however, | ||||||
25 | are exempt from
the operation of this Act:
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26 | (a) The rendering of dental relief in emergency cases |
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1 | in the practice
of his or her profession by a physician or | ||||||
2 | surgeon, licensed as such
under the laws of this State, | ||||||
3 | unless he undertakes to reproduce or reproduces
lost parts | ||||||
4 | of the human teeth in the mouth or to restore or replace | ||||||
5 | lost
or missing teeth in the mouth; or
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6 | (b) The practice of dentistry in the discharge of their | ||||||
7 | official duties
by dentists in any branch of the Armed | ||||||
8 | Services of the United States, the
United States Public | ||||||
9 | Health Service, or the United States Veterans
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10 | Administration; or
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11 | (c) The practice of dentistry by students in their | ||||||
12 | course of study
in dental schools or colleges approved by | ||||||
13 | the Department, when acting under the
direction and | ||||||
14 | supervision of dentists acting as instructors; or
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15 | (d) The practice of dentistry by clinical instructors | ||||||
16 | in the course of
their teaching duties in dental schools or | ||||||
17 | colleges approved by the
Department:
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18 | (i) when acting under the direction and | ||||||
19 | supervision of dentists,
provided that such clinical | ||||||
20 | instructors have instructed continuously in
this State | ||||||
21 | since January 1, 1986; or
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22 | (ii) when holding the rank of full professor at | ||||||
23 | such approved dental
school or college and possessing a | ||||||
24 | current valid license or authorization
to practice | ||||||
25 | dentistry in another country; or
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26 | (e) The practice of dentistry by licensed dentists of |
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1 | other states or
countries at meetings of the Illinois State | ||||||
2 | Dental Society or component
parts thereof, alumni meetings | ||||||
3 | of dental colleges, or any other like dental
organizations, | ||||||
4 | while appearing as clinicians; or
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5 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
6 | of dental or oral
tissues by dental hygienists or dental | ||||||
7 | assistants; or
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8 | (g) The performance of any dental service by a dental | ||||||
9 | assistant, if such
service is performed under the | ||||||
10 | supervision and full responsibility of a
dentist.
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11 | For purposes of this paragraph (g), "dental service" is | ||||||
12 | defined to mean
any intraoral procedure or act which shall | ||||||
13 | be prescribed by rule or
regulation of the Department. | ||||||
14 | Dental service, however, shall not include:
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15 | (1) Any and all diagnosis of or prescription for | ||||||
16 | treatment of disease,
pain, deformity, deficiency, | ||||||
17 | injury or physical condition of the human teeth
or | ||||||
18 | jaws, or adjacent structures.
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19 | (2) Removal of, or restoration of, or addition
to | ||||||
20 | the hard or soft tissues of the oral cavity.
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21 | (3) Any and all correction of malformation of teeth | ||||||
22 | or of the jaws.
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23 | (4) Administration of anesthetics, except for | ||||||
24 | application of topical
anesthetics and monitoring of | ||||||
25 | nitrous oxide. Monitoring of
nitrous oxide may be | ||||||
26 | performed after successful completion of a training
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1 | program approved by the Department.
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2 | (5) Removal of calculus from human teeth.
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3 | (6) Taking of impressions for the fabrication of | ||||||
4 | prosthetic
appliances,
crowns,
bridges, inlays, | ||||||
5 | onlays, or other restorative or replacement
dentistry.
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6 | (7) The operative procedure of dental hygiene | ||||||
7 | consisting of oral
prophylactic procedures, except for | ||||||
8 | coronal polishing,
which may be
performed by a
dental | ||||||
9 | assistant who has successfully completed a training | ||||||
10 | program approved by
the Department. Dental assistants | ||||||
11 | may perform coronal polishing under the
following | ||||||
12 | circumstances: (i) the coronal polishing shall be | ||||||
13 | limited to
polishing the
clinical crown of the tooth | ||||||
14 | and existing restorations, supragingivally; (ii)
the
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15 | dental assistant performing the coronal polishing | ||||||
16 | shall be limited to the use
of
rotary instruments using | ||||||
17 | a rubber cup or brush polishing method (air polishing
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18 | is
not permitted); and (iii) the supervising dentist | ||||||
19 | shall not supervise more
than 4
dental assistants at | ||||||
20 | any one time for the task of coronal polishing.
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21 | (h) The practice of dentistry by an individual who:
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22 | (i) has applied in writing to the Department, in | ||||||
23 | form and substance
satisfactory to the Department, for | ||||||
24 | a general dental license and has
complied with all | ||||||
25 | provisions of Section 9 of this Act, except for the
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26 | passage of the examination specified in subsection |
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1 | (e), of Section 9, of this
Act; or
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2 | (ii) has applied in writing to the Department, in | ||||||
3 | form and substance
satisfactory to the Department, for | ||||||
4 | a temporary dental license and has
complied with all | ||||||
5 | provisions of subsection (c), of Section 11, of this | ||||||
6 | Act; and
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7 | (iii) has been accepted or appointed for specialty | ||||||
8 | or residency training
by a hospital situated in this | ||||||
9 | State; or
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10 | (iv) has been accepted or appointed for specialty | ||||||
11 | training in an
approved dental program situated in this | ||||||
12 | State; or
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13 | (v) has been accepted or appointed for specialty | ||||||
14 | training in a dental
public health agency situated in | ||||||
15 | this State.
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16 | The applicant shall be permitted to practice dentistry | ||||||
17 | for a period of 3
months from the starting date of the | ||||||
18 | program, unless authorized in writing
by the Department to | ||||||
19 | continue such practice for a period specified in
writing by | ||||||
20 | the Department.
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21 | The applicant shall only be entitled to perform such | ||||||
22 | acts as may be
prescribed by and incidental to their | ||||||
23 | program of residency or specialty
training and shall not | ||||||
24 | otherwise engage in the practice of dentistry in this
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25 | State.
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26 | The authority to practice shall terminate immediately |
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1 | upon:
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2 | (1) the decision of the Department that the | ||||||
3 | applicant has failed the
examination; or
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4 | (2) denial of licensure by the Department; or
| ||||||
5 | (3) withdrawal of the application.
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6 | (Source: P.A. 91-594, eff. 1-1-00 .)
| ||||||
7 | (225 ILCS 25/49) (from Ch. 111, par. 2349)
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8 | (Section scheduled to be repealed on January 1, 2016)
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9 | Sec. 49. Identification of dentures. | ||||||
10 | (a) Every complete upper and
lower denture and removable | ||||||
11 | dental prosthesis fabricated by a dentist,
or fabricated | ||||||
12 | pursuant to his or her prescription, shall
be marked with the | ||||||
13 | name or social security number, or both, of the patient
for | ||||||
14 | whom the prosthesis is intended. The markings shall be done | ||||||
15 | during
fabrication and shall be permanent, legible and | ||||||
16 | cosmetically acceptable.
The exact location of the markings and | ||||||
17 | the methods used to apply or implant
them shall be determined | ||||||
18 | by the dentist or dental laboratory fabricating
the prosthesis. | ||||||
19 | If in the professional judgment of the dentist, this full
| ||||||
20 | identification is not possible, the name or social security | ||||||
21 | number may be omitted.
| ||||||
22 | (b) Any removable dental prosthesis in existence
which was | ||||||
23 | not marked in accordance with paragraph (a)
of this Section at | ||||||
24 | the time of fabrication, shall be so marked at the
time of any | ||||||
25 | subsequent rebasing or duplication.
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1 | (Source: P.A. 84-365 .)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law. |