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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.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
changing Sections 5, 23, and 48 and by adding Section 19.1 as |
follows:
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(225 ILCS 25/5) (from Ch. 111, par. 2305)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 5. Powers and duties of Department. Subject to the
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provisions of this Act, the Department shall exercise the |
following
functions, powers and duties:
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(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
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applicants
for licenses, and issue licenses to such as are |
found to be fit and qualified.
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(b) Prescribe rules and regulations for a method of |
examination of
candidates.
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(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
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applicants solely on account of race, color, creed, sex or |
national
origin shall be approved.
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(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.
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(e) Promulgate rules and regulations required for the |
administration of
this Act.
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(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.)
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(225 ILCS 25/19.1 new)
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(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.
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(225 ILCS 25/23) (from Ch. 111, par. 2323)
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(Section scheduled to be repealed on January 1, 2016)
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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
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regard to any license for any one or any combination of
the |
following causes:
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1. Fraud in procuring the license.
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2. Habitual intoxication or addiction to the use of drugs.
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3. Willful
Wilful or repeated violations of the rules of |
the Department of
Public Health or Department of Nuclear |
Safety.
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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.
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5. Division of fees or agreeing to split or divide the fees |
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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.
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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.
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7. Making any misrepresentations or false promises, |
directly or
indirectly, to influence, persuade or induce dental |
patronage.
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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.
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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).
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10. Practicing under a name other than his or her own.
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11. Engaging in dishonorable,
unethical, or unprofessional |
conduct of a character likely to deceive,
defraud, or harm the |
public.
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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.
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13. Permitting a dental hygienist, dental assistant or |
other person
under his or her supervision to perform
any |
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operation not authorized by this Act.
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14. Permitting more than 4 dental hygienists to be employed |
under
his supervision at any one time.
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15. A violation of any provision of this
Act or any rules |
promulgated under this Act.
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16. Taking impressions for or using the services of any |
person, firm
or corporation violating this Act.
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17. Violating any provision of Section 45 relating to |
advertising.
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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.
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19. Willfully failing to report an instance of suspected |
child abuse or
neglect as required by the Abused and Neglected |
Child Reporting
Act.
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20. Gross or repeated malpractice resulting in injury or |
death of a patient.
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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.
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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
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Illinois Department of Public
Aid).
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23. Professional incompetence as manifested by poor |
standards of care.
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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
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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 |
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Section 23b.
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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:
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(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.
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(b) Reporting charges for services not rendered.
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(c) Incorrectly reporting services rendered for the |
purpose of obtaining
payment not earned.
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26. Continuing the active practice of dentistry while |
knowingly having
any infectious, communicable, or contagious |
disease proscribed by rule or
regulation of the Department.
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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.
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28. Violating the Health Care Worker Self-Referral Act.
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29. Abandonment of a patient.
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30. Mental incompetency as declared by a court of competent
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jurisdiction.
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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
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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.
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(Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01; |
revised 12-15-05.)
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(225 ILCS 25/48) (from Ch. 111, par. 2348)
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(Section scheduled to be repealed on January 1, 2016)
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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
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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:
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(1) The name and address of the dental laboratory
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which the prescription is directed.
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(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.
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(3) The date on which the prescription was written.
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(4) A description of the work to be done, including |
diagrams if necessary.
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(5) A specification of the type and quality of |
materials to be used.
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(6) The signature of the dentist and the number of his |
or her license
to practice dentistry.
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(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.
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(c) If the dental laboratory receiving a written |
prescription
from a dentist engages another dental laboratory
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(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:
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(1) The name and address of the subcontractor.
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(2) A number identifying the order with the original |
prescription, which
number shall be endorsed on the |
prescription received from the dentist.
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(3) The date on which the order was written.
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(4) A description of the work to be done by the
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subcontractor, including diagrams if necessary.
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(5) A specification of the type and quality of |
materials to be used.
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(6) The signature of an agent of the dental laboratory
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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
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inspection by the Department or its duly authorized agents, |
for a period of
3 years in both cases.
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(7) A copy of the order to the subcontractor shall be |
furnished
to the dentist.
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(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.
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(d) Any dentist who:
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(1) employs or engages the services of any dental |
laboratory to
construct or repair, extraorally, prosthetic |
dentures, bridges, or other
dental appliances without |
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first providing such dental laboratory with a
written |
prescription;
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(2) fails to retain a duplicate copy of the |
prescription for 3 years; or
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(3) refuses to allow the Department or its duly |
authorized agents to
inspect his or her files of |
prescriptions;
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is guilty of a Class A
misdemeanor and the Department may |
revoke or suspend his or her license
therefor.
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(e) Any dental laboratory which:
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(1) furnishes such services to any dentist without |
first obtaining a
written prescription therefor from such |
dentist;
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(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;
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(3) fails to retain the original prescription or order, |
as the case may
be, for 3 years; or
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(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;
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is guilty of
a Class A misdemeanor.
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(Source: P.A. 91-357, eff. 7-29-99.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |