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Public Act 094-1014
Public Act 1014 94TH GENERAL ASSEMBLY
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Public Act 094-1014
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| SB2395 Enrolled |
LRB094 17537 RAS 52833 b |
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| 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| (Section scheduled to be repealed on January 1, 2016)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.
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| (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| (Section scheduled to be repealed on January 1, 2016) | Sec. 19.1.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.
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| 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
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| 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. |
Effective Date: 7/7/2006
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