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Public Act 91-0689
SB1323 Enrolled LRB9110229ACtm
AN ACT to amend the Illinois Dental Practice Act.
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 4, 18, 23, and 25 and by adding Section
23b as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Illinois Department of
Professional Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Board of Dentistry established by
Section 6 of this Act.
(d) "Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act
and who may perform any intraoral and extraoral procedure
required in the practice of dentistry and to whom is reserved
the responsibilities specified in Section 17.
(e) "Dental hygienist" means a person who holds a
license under this Act to perform dental services as
authorized by Section 18.
(f) "Dental assistant" means an appropriately trained
person who, under the supervision of a dentist, provides
dental services as authorized by Section 17.
(g) "Dental laboratory" means a person, firm or
corporation which:
(i) engages in making, providing, repairing or
altering dental prosthetic appliances and other
artificial materials and devices which are returned to a
dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues;
and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
(h) "Supervision" means supervision of a dental
hygienist or a dental assistant requiring that a dentist
authorize the procedure, remain in the dental facility while
the procedure is performed, and approve the work performed by
the dental hygienist or dental assistant before dismissal of
the patient, but does not mean that the dentist must be
present at all times in the treatment room.
(i) "General supervision" means supervision of a dental
hygienist requiring that a dentist authorize the procedures
which are being carried out, but not requiring that a dentist
be present when the authorized procedures are being
performed. The authorized procedures may also be performed
at a place other than the dentist's usual place of practice.
The issuance of a prescription to a dental laboratory by a
dentist does not constitute general supervision.
(j) "Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
(k) "Dentistry" means the healing art which is concerned
with the examination, diagnosis, treatment planning and care
of conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
(l) "Branches of dentistry" means the various
specialties of dentistry which, for purposes of this Act,
shall be limited to the following: endodontics, oral and
maxillofacial surgery, orthodontics and dentofacial
orthopedics, pediatric dentistry, periodontics and
prosthodontics.
(m) "Specialist" means a dentist who has received a
specialty license pursuant to Section 11(b).
(n) "Dental technician" means a person who owns,
operates or is employed by a dental laboratory and engages in
making, providing, repairing or altering dental prosthetic
appliances and other artificial materials and devices which
are returned to a dentist for insertion into the human oral
cavity or which come in contact with its adjacent structures
and tissues.
(o) "Impaired dentist" or "impaired dental hygienist"
means a dentist or dental hygienist who is unable to practice
dentistry with reasonable skill and safety because of a
physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,
including deterioration through the aging process, loss of
motor skills, abuse of drugs or alcohol, or a psychiatric
disorder, of sufficient degree to diminish the person's
ability to deliver competent patient care.
(Source: P.A. 91-138, eff. 1-1-00.)
(225 ILCS 25/18) (from Ch. 111, par. 2318)
Sec. 18. Acts Constituting the Practice of Dental
Hygiene. Limitations. A dental hygienist may be employed or
engaged only:
(a) Under the supervision of a dentist:
(1) In the office of a dentist;
(2) By a federal, State, county or municipal
agency or institution;
(3) By a public or private school; or
(4) By a public clinic operating under the
direction of a hospital or federal, State, county,
municipal or other public agency or institution.
When employed or engaged pursuant to this paragraph (a) a
dental hygienist may perform the following procedures and
acts:
(i) the operative procedure of dental hygiene,
consisting of oral prophylactic procedures;
(ii) the exposure and processing of X-Ray
films of the teeth and surrounding structures;
(iii) the application to the surfaces of the
teeth or gums of chemical compounds designed to be
desensitizing agents or effective agents in the
prevention of dental caries or periodontal disease;
(iv) all services which may be performed by a
dental assistant as specified by rule pursuant to
Section 17;
(v) administration and monitoring of nitrous
oxide upon successful completion of a training
program approved by the Department; and
(vi) administration of local anesthetics upon
successful completion of a training program approved
by the Department; and
(vii) (vi) such other procedures and acts as
shall be prescribed by rule or regulation of the
Department.
(b) Under the general supervision of a dentist in a
long-term care facility licensed by the State of
Illinois, or a mental health or developmental disability
facility operated by the Department of Human Services, if
the patient is unable to travel to a dental office
because of illness or infirmity. The dentist shall
personally examine and diagnose the patient and determine
which services are necessary to be performed, which shall
be contained in a written order to the hygienist. Such
order must be implemented within 90 days of its issuance,
and an updated medical history and oral inspection must
be performed by the hygienist immediately prior to
beginning the procedures to ensure that the patient's
health has not changed in any manner to warrant a
reexamination by the dentist.
(c) Without the supervision of a dentist, a dental
hygienist may perform dental health education functions
and may record case histories and oral conditions
observed.
The number of dental hygienists practicing in a dental
office shall not exceed, at any one time, 4 times the number
of dentists practicing in the office at the time.
(Source: P.A. 91-594, eff. 1-1-00.)
(225 ILCS 25/23) (from Ch. 111, par. 2323)
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. 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 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 Illinois Department of Public Aid.
23. Professional incompetence as manifested by poor
standards of care or mental incompetency as declared by a
court of competent jurisdiction.
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.
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.)
(225 ILCS 25/23b new)
Sec. 23b. Requirement for mental and physical
examinations under certain conditions.
(a) In enforcing paragraph 24 of Section 23 of this Act,
the Department may compel a person licensed to practice under
this Act to submit to a mental or physical examination, or
both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The examining physician shall be a
physician licensed to practice medicine in all its branches
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall be
grounds for suspension of his or her license until the
individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit
to the examination was without reasonable cause.
(b) If the Department finds an individual unable to
practice because of the reasons set forth in paragraph 24 of
Section 23, the Department may require that individual to
submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition,
term, or restriction for continued, reinstated, or renewed
licensure to practice, or in lieu of care, counseling, or
treatment, the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual. An individual whose license was granted,
continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions, and who
fails to comply with such terms, conditions, or restrictions,
shall be referred to the Director for a determination as to
whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
(225 ILCS 25/25) (from Ch. 111, par. 2325)
Sec. 25. Investigations Notice of hearing;
investigations and informal conferences.
(a) Upon the motion of either the Department or the Board
or upon the verified complaint in writing of any person
setting forth facts which if proven would constitute grounds
for refusal, suspension or revocation of license under this
Act, the Board shall investigate the actions of any person,
hereinafter called the respondent, who holds or represents
that he holds a license. All such motions or complaints shall
be brought to the Board.
(b) Prior to taking an in-person statement from a
dentist or dental hygienist who is the subject of a
complaint, the investigator shall inform the dentist or the
dental hygienist in writing:
(1) that the dentist or dental hygienist is the
subject of a complaint; and
(2) that the dentist or dental hygienist need not
immediately proceed with the interview and may seek
appropriate consultation prior to consenting to the
interview.
A Department investigator's failure to comply with this
subsection may not be the sole ground for dismissal of any
order of the Department filed upon a finding of a violation
or for dismissal of a pending investigation.
(c) If the Department concludes on the basis of a
complaint or its initial investigation that there is a
possible violation of the Act, the Department may:
(1) schedule a hearing pursuant to this Act; or
(2) request in writing that the dentist or dental
hygienist being investigated attend an informal
conference with representatives of the Department.
The request for an informal conference shall contain the
nature of the alleged actions or inactions that constitute
the possible violations.
A dentist or dental hygienist shall be allowed to have
legal counsel at the informal conference. If the informal
conference results in a consent order between the accused
dentist or dental hygienist and the Department, the consent
order must be approved by the Board and the Director.
Participation in the informal conference by a dentist, a
dental hygienist, or the Department and any admissions or
stipulations made by a dentist, a dental hygienist, or the
Department at the informal conference, including any
agreements in a consent order that is subsequently
disapproved by either the Board or the Director, shall not be
used against the dentist, dental hygienist, or Department at
any subsequent hearing and shall not become a part of the
record of the hearing.
(d) The Director shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Director may deem proper with
regard to any license, at least 30 days prior to the date set
for the hearing, notify the respondent in writing of any
charges made and the time and place for a hearing of the
charges before the Board, direct him or her to file his or
her written answer thereto to the Board under oath within 20
days after the service on him or her of such notice and
inform him or her that if he or she fails to file such answer
default will be taken against him or her and his or her
license may be suspended, revoked, placed on probationary
status, or other disciplinary action may be taken with regard
thereto, including limiting the scope, nature or extent of
his or her practice, as the Director may deem proper.
(e) Such written notice and any notice in such
proceedings thereafter may be served by delivery personally
to the respondent, or by registered or certified mail to the
address last theretofore specified by the respondent in his
or her last notification to the Director.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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