(225 ILCS 25/29) (from Ch. 111, par. 2329)
(Section scheduled to be repealed on January 1, 2026)
Sec. 29. Recommendations for disciplinary action - action by Secretary. The Board may advise the Secretary that probation be granted or
that other disciplinary action, including the limitation of the scope,
nature or extent of a person's practice, be taken, as it deems proper. If
disciplinary action other than suspension or revocation is taken, the Board
may advise that the Secretary impose reasonable limitations and requirements
upon the respondent to insure compliance with the terms of the
probation or
other disciplinary action, including, but not limited to, regular reporting
by the respondent to the Secretary of his or her actions, or the
respondent's
placing himself or herself under the care of a qualified physician for
treatment or limiting his or her practice in such manner as the Secretary
may require.
The Board shall present to the Secretary a written report of its findings
and recommendations. A copy of such report shall be served upon the
respondent,
either personally or by registered or certified mail. Within 20 days after
such service, the respondent may present to the Department his
or her motion
in writing for a rehearing, specifying the particular ground therefor. If
the respondent orders from the reporting service and pays for a transcript of the record,
the time
elapsing thereafter and before such transcript is ready for delivery to him
or her shall not be counted as part of such 20 days.
At the expiration of the time allowed for filing a motion for rehearing
the Secretary may take the action recommended by the Board. Upon suspension,
revocation, placement on probationary status, or the taking of any other
disciplinary action, including the limiting of the scope, nature, or extent
of one's practice, deemed proper by the Secretary, with regard to the
license, the respondent
shall surrender his or
her license to the Department, if ordered to
do so by the Department, and upon his or her failure or refusal to do so,
the Department may seize the same.
In all instances under this Act in which the Board has rendered a
recommendation to the Secretary with respect to a particular person, the Secretary
shall, to the extent that he or she disagrees with or takes action
contrary to the recommendation of the Board, file with the Board his or her specific written reasons of disagreement. Such
reasons shall be filed within 30 days after the Secretary has taken the
contrary position.
Each order of revocation, suspension, or other disciplinary action shall
contain a brief, concise statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms and conditions
of such action. The original of this document shall be retained as a
permanent record by the Board and the Department. In those instances where
an order of revocation, suspension, or other disciplinary action has been
rendered by virtue of a dentist's or dental hygienist's physical illness,
including, but not limited to, deterioration through the aging process, or
loss of motor skill which results in an inability to practice with
reasonable judgment, skill, or safety, the Department shall permit only
this document and the record of the hearing incident thereto to be
observed, inspected, viewed, or copied pursuant to court order.
(Source: P.A. 99-492, eff. 12-31-15.)
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