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| [ Engrossed ] | [ House Amendment 001 ] |
91_SB0288
LRB9102107JSpc
1 AN ACT to amend the Illinois Dental Practice Act by
2 changing Sections 23 and 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Dental Practice Act is amended
6 by changing Sections 23 and 25 as follows:
7 (225 ILCS 25/23) (from Ch. 111, par. 2323)
8 Sec. 23. Refusal, revocation or suspension of dental
9 licenses. The Department may refuse to issue or renew, or
10 may revoke, suspend, place on probation, reprimand or take
11 other disciplinary action as the Department may deem proper,
12 including fines not to exceed $10,000 per violation, with
13 regard to any license for any one or any combination of the
14 following causes:
15 1. Fraud in procuring the license.
16 2. Habitual intoxication or addiction to the use of
17 drugs.
18 3. Wilful or repeated violations of the rules of the
19 Department of Public Health or Department of Nuclear Safety.
20 4. Acceptance of a fee for service as a witness, without
21 the knowledge of the court, in addition to the fee allowed by
22 the court.
23 5. Division of fees or agreeing to split or divide the
24 fees received for dental services with any person for
25 bringing or referring a patient, except in regard to referral
26 services as provided for under Section 45, or assisting in
27 the care or treatment of a patient, without the knowledge of
28 the patient or his legal representative.
29 6. Employing, procuring, inducing, aiding or abetting a
30 person not licensed or registered as a dentist to engage in
31 the practice of dentistry. The person practiced upon is not
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1 an accomplice, employer, procurer, inducer, aider, or abetter
2 within the meaning of this Act.
3 7. Making any misrepresentations or false promises,
4 directly or indirectly, to influence, persuade or induce
5 dental patronage.
6 8. Professional connection or association with or
7 lending his name to another for the illegal practice of
8 dentistry by another, or professional connection or
9 association with any person, firm or corporation holding
10 himself, herself, themselves, or itself out in any manner
11 contrary to this Act.
12 9. Obtaining or seeking to obtain practice, money, or
13 any other things of value by false or fraudulent
14 representations, but not limited to, engaging in such
15 fraudulent practice to defraud the medical assistance program
16 of the Department of Public Aid.
17 10. Practicing under a name other than his or her own.
18 11. Engaging in dishonorable, unethical, or
19 unprofessional conduct of a character likely to deceive,
20 defraud, or harm the public.
21 12. Conviction in this or another State of any crime
22 which is a felony under the laws of this State or conviction
23 of a felony in a federal court, conviction of a misdemeanor,
24 an essential element of which is dishonesty, or conviction of
25 any crime which is directly related to the practice of
26 dentistry or dental hygiene.
27 13. Permitting a dental hygienist, dental assistant or
28 other person under his or her supervision to perform any
29 operation not authorized by this Act.
30 14. Permitting more than 4 dental hygienists to be
31 employed under his supervision at any one time.
32 15. A violation of any provision of this Act or any
33 rules promulgated under this Act.
34 16. Taking impressions for or using the services of any
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1 person, firm or corporation violating this Act.
2 17. Violating any provision of Section 45 relating to
3 advertising.
4 18. Discipline by another U.S. jurisdiction or foreign
5 nation, if at least one of the grounds for the discipline is
6 the same or substantially equivalent to those set forth
7 within this Act.
8 19. Willfully failing to report an instance of suspected
9 child abuse or neglect as required by the "Abused and
10 Neglected Child Reporting Act.
11 20. Gross or repeated malpractice resulting in injury or
12 death of a patient.
13 21. The use or prescription for use of narcotics or
14 controlled substances or designated products as listed in the
15 Illinois Controlled Substances Act, in any way other than for
16 therapeutic purposes.
17 22. Willfully making or filing false records or reports
18 in his practice as a dentist, including, but not limited to,
19 false records to support claims against the dental assistance
20 program of the Illinois Department of Public Aid.
21 23. Professional incompetence as manifested by poor
22 standards of care or mental incompetency as declared by a
23 court of competent jurisdiction.
24 24. Physical or mental illness, including, but not
25 limited to, deterioration through the aging process, or loss
26 of motor skills which results in a dentist's inability to
27 practice dentistry with reasonable judgment, skill or safety.
28 In enforcing this paragraph, the Department, upon a showing
29 of a violation of Paragraph 23, may compel a person licensed
30 to practice under this Act to submit to a mental or physical
31 examination, or both, as required by and at the expense of
32 the Department. Failure of any person to submit to a mental
33 or physical examination when directed shall be grounds for
34 suspension of that person's license until the person submits
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1 to the examination if the Department finds, after notice and
2 hearing, that the refusal to submit to the examination was
3 without reasonable cause.
4 25. Repeated irregularities in billing a third party for
5 services rendered to a patient. For purposes of this
6 paragraph 25, "irregularities in billing" shall include:
7 (a) Reporting excessive charges for the purpose of
8 obtaining a total payment in excess of that usually
9 received by the dentist for the services rendered.
10 (b) Reporting charges for services not rendered.
11 (c) Incorrectly reporting services rendered for the
12 purpose of obtaining payment not earned.
13 26. Continuing the active practice of dentistry while
14 knowingly having any infectious, communicable, or contagious
15 disease proscribed by rule or regulation of the Department.
16 27. Being named as a perpetrator in an indicated report
17 by the Department of Children and Family Services pursuant to
18 the Abused and Neglected Child Reporting Act, and upon proof
19 by clear and convincing evidence that the licensee has caused
20 a child to be an abused child or neglected child as defined
21 in the Abused and Neglected Child Reporting Act.
22 28. Violating the Health Care Worker Self-Referral Act.
23 29. Abandonment of a patient.
24 30. Mental incompetency as declared by a court of
25 competent jurisdiction.
26 All proceedings to suspend, revoke, place on probationary
27 status, or take any other disciplinary action as the
28 Department may deem proper, with regard to a license on any
29 of the foregoing grounds, must be commenced within 3 years
30 after receipt by the Department of a complaint alleging the
31 commission of or notice of the conviction order for any of
32 the acts described herein. Except for fraud in procuring a
33 license, no action shall be commenced more than 5 years after
34 the date of the incident or act alleged to have violated this
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1 Section. The time during which the holder of the license was
2 outside the State of Illinois shall not be included within
3 any period of time limiting the commencement of disciplinary
4 action by the Department.
5 The Department may refuse to issue or may suspend the
6 license of any person who fails to file a return, or to pay
7 the tax, penalty or interest shown in a filed return, or to
8 pay any final assessment of tax, penalty or interest, as
9 required by any tax Act administered by the Illinois
10 Department of Revenue, until such time as the requirements of
11 any such tax Act are satisfied.
12 (Source: P.A. 88-65; 88-153; 88-635, eff. 1-1-95; 88-670,
13 eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.)
14 (225 ILCS 25/25) (from Ch. 111, par. 2325)
15 Sec. 25. Investigations Notice of hearing;
16 investigations and informal conferences.
17 (a) Upon the motion of either the Department or the
18 Board or upon the verified complaint in writing of any person
19 setting forth facts which if proven would constitute grounds
20 for refusal, suspension or revocation of license under this
21 Act, the Board shall investigate the actions of any person,
22 hereinafter called the respondent, who holds or represents
23 that he holds a license. All such motions or complaints shall
24 be brought to the Board.
25 (b) At the initial meeting of a Department investigator
26 with a dentist or dental hygienist who is the subject of a
27 complaint, the investigator shall inform the dentist or the
28 dental hygienist in writing:
29 (1) that the dentist or dental hygienist is the
30 subject of a complaint;
31 (2) of the substance of the complaint; and
32 (3) of the rights of the dentist or dental
33 hygienist under this Act.
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1 (c) If the Department concludes on the basis of a
2 complaint or its initial investigation that there is a
3 reasonable likelihood of violation of the Act, the Department
4 may:
5 (1) schedule a hearing pursuant to this Act; or
6 (2) request in writing that the dentist or dental
7 hygienist being investigated attend an informal
8 conference with representatives of the Department.
9 The request for an informal conference shall contain the
10 exact nature of the alleged actions or inactions that
11 constitute the possible violation as well as the name of the
12 complainant or complainants.
13 A dentist or dental hygienist shall be allowed to have
14 legal counsel at the informal conference. If the informal
15 conference results in a consent order between the accused
16 dentist or dental hygienist and the Department, the consent
17 order must be approved by the Board and the Director.
18 Participation in the informal conference by a dentist or
19 dental hygienist and any admissions or stipulations made by a
20 dentist or dental hygienist at the informal conference,
21 including any agreements in a consent order that is
22 subsequently disapproved by either the Board or the Director,
23 shall not be used against the dentist or dental hygienist at
24 any subsequent hearing and shall not become a part of the
25 record of the hearing.
26 (d) The Director shall, before suspending, revoking,
27 placing on probationary status, or taking any other
28 disciplinary action as the Director may deem proper with
29 regard to any license, at least 30 days prior to the date set
30 for the hearing, notify the respondent in writing of any
31 charges made and the time and place for a hearing of the
32 charges before the Board, direct him or her to file his or
33 her written answer thereto to the Board under oath within 20
34 days after the service on him or her of such notice and
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1 inform him or her that if he or she fails to file such answer
2 default will be taken against him or her and his or her
3 license may be suspended, revoked, placed on probationary
4 status, or other disciplinary action may be taken with regard
5 thereto, including limiting the scope, nature or extent of
6 his or her practice, as the Director may deem proper.
7 (e) Such written notice and any notice in such
8 proceedings thereafter may be served by delivery personally
9 to the respondent, or by registered or certified mail to the
10 address last theretofore specified by the respondent in his
11 or her last notification to the Director.
12 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)