SB2586 EnrolledLRB103 32717 SPS 62470 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 18.1, and 23 and by adding Section 17.2 as
6follows:
 
7    (225 ILCS 25/4)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general
23license pursuant to paragraph (a) of Section 11 of this Act and

 

 

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1who may perform any intraoral and extraoral procedure required
2in the practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm, or corporation
14which:
15        (i) engages in making, providing, repairing, or
16    altering dental prosthetic appliances and other artificial
17    materials and devices which are returned to a dentist for
18    insertion into the human oral cavity or which come in
19    contact with its adjacent structures and tissues; and
20        (ii) utilizes or employs a dental technician to
21    provide such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    "Supervision" means supervision of a dental hygienist or a
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure

 

 

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1is performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with
8Section 18 prior to treatment by the dental hygienist, and
9that the dentist authorize the procedures which are being
10carried out by a notation in the patient's record, but not
11requiring that a dentist be present when the authorized
12procedures are being performed. The issuance of a prescription
13to a dental laboratory by a dentist does not constitute
14general supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person
17with a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning, and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

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1periodontics, prosthodontics, oral and maxillofacial
2radiology, and dental anesthesiology.
3    "Specialist" means a dentist who has received a specialty
4license pursuant to Section 11(b).
5    "Dental technician" means a person who owns, operates, or
6is employed by a dental laboratory and engages in making,
7providing, repairing, or altering dental prosthetic appliances
8and other artificial materials and devices which are returned
9to a dentist for insertion into the human oral cavity or which
10come in contact with its adjacent structures and tissues.
11    "Informed consent" means legally valid consent that is
12given by a patient or legal guardian, that is recorded in
13writing or digitally, that authorizes intervention or
14treatment services from the treating dentist, and that
15documents agreement to participate in those services and
16knowledge of the risks, benefits, and alternatives, including
17the decision to withdraw from or decline treatment.
18    "Impaired dentist" or "impaired dental hygienist" means a
19dentist or dental hygienist who is unable to practice with
20reasonable skill and safety because of a physical or mental
21disability as evidenced by a written determination or written
22consent based on clinical evidence, including deterioration
23through the aging process, loss of motor skills, abuse of
24drugs or alcohol, or a psychiatric disorder, of sufficient
25degree to diminish the person's ability to deliver competent
26patient care.

 

 

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1    "Nurse" means a registered professional nurse, a certified
2registered nurse anesthetist licensed as an advanced practice
3registered nurse, or a licensed practical nurse licensed under
4the Nurse Practice Act.
5    "Patient of record", except as provided in Section 17.2,
6means a patient for whom the patient's most recent dentist has
7obtained a relevant medical and dental history and on whom the
8dentist has performed a physical an examination within the
9last year and evaluated the condition to be treated, including
10a review of the patient's most recent x-rays.
11    "Dental responder" means a dentist or dental hygienist who
12is appropriately certified in disaster preparedness,
13immunizations, and dental humanitarian medical response
14consistent with the Society of Disaster Medicine and Public
15Health and training certified by the National Incident
16Management System or the National Disaster Life Support
17Foundation.
18    "Mobile dental van or portable dental unit" means any
19self-contained or portable dental unit in which dentistry is
20practiced that can be moved, towed, or transported from one
21location to another in order to establish a location where
22dental services can be provided.
23    "Public health dental hygienist" means a hygienist who
24holds a valid license to practice in the State, has 2 years of
25full-time clinical experience or an equivalent of 4,000 hours
26of clinical experience, and has completed at least 42 clock

 

 

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1hours of additional structured courses in dental education in
2advanced areas specific to public health dentistry.
3    "Public health setting" means a federally qualified health
4center; a federal, State, or local public health facility;
5Head Start; a special supplemental nutrition program for
6Women, Infants, and Children (WIC) facility; a certified
7school-based health center or school-based oral health
8program; a prison; or a long-term care facility.
9    "Public health supervision" means the supervision of a
10public health dental hygienist by a licensed dentist who has a
11written public health supervision agreement with that public
12health dental hygienist while working in an approved facility
13or program that allows the public health dental hygienist to
14treat patients, without a dentist first examining the patient
15and being present in the facility during treatment, (1) who
16are eligible for Medicaid or (2) who are uninsured or whose
17household income is not greater than 300% of the federal
18poverty level.
19    "Teledentistry" means the use of telehealth systems and
20methodologies in dentistry and includes patient diagnosis,
21treatment planning, care, and education delivery for a patient
22of record using synchronous and asynchronous communications
23under an Illinois licensed a dentist's authority as provided
24under this Act.
25(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
26102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.

 

 

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11-1-24; revised 12-15-23.)
 
2    (225 ILCS 25/17.2 new)
3    Sec. 17.2. Teledentistry.
4    (a) As used in this Section, "patient of record" means a
5patient for whom the patient's most recent Illinois-licensed
6dentist has obtained a relevant medical and dental history and
7on whom the dentist has (i) performed a physical examination
8within the last year; (ii) obtained relevant records that are
9appropriate for the type of teledentistry service being
10provided from an in-person examination within the previous 12
11months, including a review of the patient's most recent
12x-rays; or (iii) established a relationship with the patient
13through an exchange of protected health information for the
14purpose of providing emergency care, treatment, or services in
15accordance with subsection (c).
16    (b) A dentist may only practice or utilize teledentistry
17on a patient of record. A dentist practicing dentistry through
18teledentistry is subject to the same standard of care and
19practice standards that are applicable to dental services
20provided in a clinic or office setting. A dentist may provide
21and delegate dental services using teledentistry only under
22the supervision requirements as specified in this Act for
23in-person care. Prior to providing teledentistry services to a
24patient, a dentist must obtain informed consent from the
25patient as to the treatment proposed to be offered through

 

 

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1teledentistry by the dentist. A dentist providing
2teledentistry under this Section shall provide the patient
3with the his or her name, direct telephone number, and
4physical practice address. It is a violation of this Act for a
5provider of dental services rendering care through
6teledentistry to require a patient to sign an agreement that
7limits in any way the patient's ability to write a review of
8services received or file a complaint with the Department or
9other regulatory agency. The Department shall adopt rules to
10provide for the use of teledentistry in the State of Illinois.
11    (c) A dentist may treat a patient of record to provide
12emergent care or conduct an initial consultation using
13teledentistry for the purpose of treating or assessing for
14acute pain, infection, injury, or any intraoral or perioral
15condition that presents immediate harm or discomfort to the
16patient for which treatment cannot be postponed. A provider of
17dental services rendering emergent care or conducting an
18initial consultation through teledentistry must direct the
19patient to receive appropriate in-person care after the
20provision of teledentistry services.
 
21    (225 ILCS 25/18.1)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 18.1. Public health dental supervision
24responsibilities.
25    (a) When working together in a public health supervision

 

 

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1relationship, dentists and public health dental hygienists
2shall enter into a public health supervision agreement. The
3dentist providing public health supervision must:
4        (1) be available to provide an appropriate level of
5    contact, communication, collaboration, and consultation
6    with the public health dental hygienist and must meet
7    in-person with the public health dental hygienist at least
8    quarterly for review and consultation;
9        (2) have specific standing orders or policy guidelines
10    for procedures that are to be carried out for each
11    location or program, although the dentist need not be
12    present when the procedures are being performed;
13        (3) provide for the patient's additional necessary
14    care in consultation with the public health dental
15    hygienist;
16        (4) file agreements and notifications as required; and
17        (5) include procedures for creating and maintaining
18    dental records, including protocols for transmission of
19    all records between the public health dental hygienist and
20    the dentist following each treatment, which shall include
21    a notation regarding procedures authorized by the dentist
22    and performed by the public health dental hygienist and
23    the location where those records are to be kept.
24    Each dentist and hygienist who enters into a public health
25supervision agreement must document and maintain a copy of any
26change or termination of that agreement.

 

 

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1    Dental records shall be owned and maintained by the
2supervising dentist for all patients treated under public
3health supervision, unless the supervising dentist is an
4employee of a public health clinic or federally qualified
5health center, in which case the public health clinic or
6federally qualified health center shall maintain the records.
7    If a dentist ceases to be employed or contracted by the
8facility, the dentist shall notify the facility administrator
9that the public health supervision agreement is no longer in
10effect. A new public health supervision agreement is required
11for the public health dental hygienist to continue treating
12patients under public health supervision.
13    A dentist entering into an agreement under this Section
14may supervise and enter into agreements for public health
15supervision with 4 public health dental hygienists. This shall
16be in addition to the limit of 4 dental hygienists per dentist
17set forth in subsection (g) of Section 18 of this Act.
18    (b) A public health dental hygienist providing services
19under public health supervision may perform only those duties
20within the accepted scope of practice of dental hygiene, as
21follows:
22        (1) the operative procedures of dental hygiene,
23    consisting of oral prophylactic procedures, including
24    prophylactic cleanings, application of fluoride, and
25    placement of sealants;
26        (2) the exposure and processing of x-ray films of the

 

 

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1    teeth and surrounding structures; and
2        (3) such other procedures and acts as shall be
3    prescribed by rule of the Department.
4    Any patient treated under this subsection (b) must be
5examined by a dentist before additional services can be
6provided by a public health dental hygienist. However, if the
7supervising dentist, after consultation with the public health
8hygienist, determines that time is needed to complete an
9approved treatment plan on a patient eligible under this
10Section, then the dentist may instruct the hygienist to
11complete the remaining services prior to an oral examination
12by the dentist. Such instruction by the dentist to the
13hygienist shall be noted in the patient's records. Any
14services performed under this exception must be scheduled in a
15timely manner and shall not occur more than 30 days after the
16first appointment date.
17    (c) A public health dental hygienist providing services
18under public health supervision must:
19        (1) provide to the patient, parent, or guardian a
20    written plan for referral or an agreement for follow-up
21    that records all conditions observed that should be called
22    to the attention of a dentist for proper diagnosis;
23        (2) have each patient sign a permission slip or
24    consent form that informs them that the service to be
25    received does not take the place of regular dental
26    checkups at a dental office and is meant for people who

 

 

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1    otherwise would not have access to the service;
2        (3) inform each patient who may require further dental
3    services of that need;
4        (4) maintain an appropriate level of contact and
5    communication with the dentist providing public health
6    supervision; and
7        (5) complete an additional 4 hours of continuing
8    education in areas specific to public health dentistry
9    yearly.
10    (d) Each public health dental hygienist who has rendered
11services under subsections (c), (d), and (e) of this Section
12must complete a summary report at the completion of a program
13or, in the case of an ongoing program, at least annually. The
14report must be completed in the manner specified by the
15Department of Public Health Oral Health Section including
16information about each location where the public health dental
17hygienist has rendered these services. The public health
18dental hygienist must submit the form to the dentist providing
19supervision for his or her signature before sending it to the
20Division. The Department of Public Health Oral Health Section
21shall compile and publicize public health dental hygienist
22service data annually.
23    (e) Public health dental hygienists providing services
24under public health supervision may be compensated for their
25work by salary, honoraria, and other mechanisms by the
26employing or sponsoring entity. Nothing in this Act shall

 

 

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1preclude the entity that employs or sponsors a public health
2dental hygienist from seeking payment, reimbursement, or other
3source of funding for the services provided.
4    (e-5) A patient who is provided services under a
5supervision agreement by a public health dental hygienist as
6described in this Section does not need to receive a physical
7examination from a dentist prior to treatment if the public
8health dental hygienist consults with the supervising dentist
9prior to performing the teledentistry service.
10    (f) This Section is repealed on January 1, 2026.
11(Source: P.A. 103-431, eff. 1-1-24.)
 
12    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 23. Refusal, revocation or suspension of dental
15licenses. The Department may refuse to issue or renew, or may
16revoke, suspend, place on probation, reprimand or take other
17disciplinary or non-disciplinary action as the Department may
18deem proper, including imposing fines not to exceed $10,000
19per violation, with regard to any license for any one or any
20combination of the following causes:
21        1. Fraud or misrepresentation in applying for or
22    procuring a license under this Act, or in connection with
23    applying for renewal of a license under this Act.
24        2. Inability to practice with reasonable judgment,
25    skill, or safety as a result of habitual or excessive use

 

 

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1    or addiction to alcohol, narcotics, stimulants, or any
2    other chemical agent or drug.
3        3. Willful or repeated violations of the rules of the
4    Department of Public Health or Department of Nuclear
5    Safety.
6        4. Acceptance of a fee for service as a witness,
7    without the knowledge of the court, in addition to the fee
8    allowed by the court.
9        5. Division of fees or agreeing to split or divide the
10    fees received for dental services with any person for
11    bringing or referring a patient, except in regard to
12    referral services as provided for under Section 45, or
13    assisting in the care or treatment of a patient, without
14    the knowledge of the patient or his or her legal
15    representative. Nothing in this item 5 affects any bona
16    fide independent contractor or employment arrangements
17    among health care professionals, health facilities, health
18    care providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this
23    Act. Nothing in this item 5 shall be construed to require
24    an employment arrangement to receive professional fees for
25    services rendered.
26        6. Employing, procuring, inducing, aiding or abetting

 

 

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1    a person not licensed or registered as a dentist or dental
2    hygienist to engage in the practice of dentistry or dental
3    hygiene. The person practiced upon is not an accomplice,
4    employer, procurer, inducer, aider, or abetter within the
5    meaning of this Act.
6        7. Making any misrepresentations or false promises,
7    directly or indirectly, to influence, persuade or induce
8    dental patronage.
9        8. Professional connection or association with or
10    lending his or her name to another for the illegal
11    practice of dentistry by another, or professional
12    connection or association with any person, firm or
13    corporation holding himself, herself, themselves, or
14    itself out in any manner contrary to this Act.
15        9. Obtaining or seeking to obtain practice, money, or
16    any other things of value by false or fraudulent
17    representations, but not limited to, engaging in such
18    fraudulent practice to defraud the medical assistance
19    program of the Department of Healthcare and Family
20    Services (formerly Department of Public Aid) under the
21    Illinois Public Aid Code.
22        10. Practicing under a false or, except as provided by
23    law, an assumed name.
24        11. Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public.

 

 

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1        12. Conviction by plea of guilty or nolo contendere,
2    finding of guilt, jury verdict, or entry of judgment or by
3    sentencing for any crime, including, but not limited to,
4    convictions, preceding sentences of supervision,
5    conditional discharge, or first offender probation, under
6    the laws of any jurisdiction of the United States that (i)
7    is a felony under the laws of this State or (ii) is a
8    misdemeanor, an essential element of which is dishonesty,
9    or that is directly related to the practice of dentistry.
10        13. Permitting a dental hygienist, dental assistant or
11    other person under his or her supervision to perform any
12    operation not authorized by this Act.
13        14. Permitting more than 4 dental hygienists to be
14    employed under his or her supervision at any one time.
15        15. A violation of any provision of this Act or any
16    rules promulgated under this Act.
17        16. Taking impressions for or using the services of
18    any person, firm or corporation violating this Act.
19        17. Violating any provision of Section 45 relating to
20    advertising.
21        18. Discipline by another U.S. jurisdiction or foreign
22    nation, if at least one of the grounds for the discipline
23    is the same or substantially equivalent to those set forth
24    within this Act.
25        19. Willfully failing to report an instance of
26    suspected child abuse or neglect as required by the Abused

 

 

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1    and Neglected Child Reporting Act.
2        20. Gross negligence in practice under this Act.
3        21. The use or prescription for use of narcotics or
4    controlled substances or designated products as listed in
5    the Illinois Controlled Substances Act, in any way other
6    than for therapeutic purposes.
7        22. Willfully making or filing false records or
8    reports in his or her practice as a dentist, including,
9    but not limited to, false records to support claims
10    against the dental assistance program of the Department of
11    Healthcare and Family Services (formerly Illinois
12    Department of Public Aid).
13        23. Professional incompetence as manifested by poor
14    standards of care.
15        24. Physical or mental illness, including, but not
16    limited to, deterioration through the aging process, or
17    loss of motor skills which results in a dentist's
18    inability to practice dentistry with reasonable judgment,
19    skill or safety. In enforcing this paragraph, the
20    Department may compel a person licensed to practice under
21    this Act to submit to a mental or physical examination
22    pursuant to the terms and conditions of Section 23b.
23        25. Gross or repeated irregularities in billing for
24    services rendered to a patient. For purposes of this
25    paragraph 25, "irregularities in billing" shall include:
26            (a) Reporting excessive charges for the purpose of

 

 

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1        obtaining a total payment in excess of that usually
2        received by the dentist for the services rendered.
3            (b) Reporting charges for services not rendered.
4            (c) Incorrectly reporting services rendered for
5        the purpose of obtaining payment not earned.
6        26. Continuing the active practice of dentistry while
7    knowingly having any infectious, communicable, or
8    contagious disease proscribed by rule or regulation of the
9    Department.
10        27. Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    pursuant to the Abused and Neglected Child Reporting Act,
13    and upon proof by clear and convincing evidence that the
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        28. Violating the Health Care Worker Self-Referral
18    Act.
19        29. Abandonment of a patient.
20        30. Mental incompetency as declared by a court of
21    competent jurisdiction.
22        31. A finding by the Department that the licensee,
23    after having his or her license placed on probationary
24    status, has violated the terms of probation.
25        32. Material misstatement in furnishing information to
26    the Department.

 

 

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1        33. Failing, within 60 days, to provide information in
2    response to a written request by the Department in the
3    course of an investigation.
4        34. Immoral conduct in the commission of any act,
5    including, but not limited to, commission of an act of
6    sexual misconduct related to the licensee's practice.
7        35. Cheating on or attempting to subvert the licensing
8    examination administered under this Act.
9        36. A pattern of practice or other behavior that
10    demonstrates incapacity or incompetence to practice under
11    this Act.
12        37. Failure to establish and maintain records of
13    patient care and treatment as required under this Act.
14        38. Failure to provide copies of dental records as
15    required by law.
16        39. Failure of a licensed dentist who owns or is
17    employed at a dental office to give notice of an office
18    closure to his or her patients at least 30 days prior to
19    the office closure pursuant to Section 50.1.
20        40. Failure to maintain a sanitary work environment.
21        41. Failure to comply with the provisions of Section
22    17.2 of this Act.
23    All proceedings to suspend, revoke, place on probationary
24status, or take any other disciplinary action as the
25Department may deem proper, with regard to a license on any of
26the foregoing grounds, must be commenced within 5 years after

 

 

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1receipt by the Department of a complaint alleging the
2commission of or notice of the conviction order for any of the
3acts described herein. Except for fraud in procuring a
4license, no action shall be commenced more than 7 years after
5the date of the incident or act alleged to have violated this
6Section. The time during which the holder of the license was
7outside the State of Illinois shall not be included within any
8period of time limiting the commencement of disciplinary
9action by the Department.
10    All fines imposed under this Section shall be paid within
1160 days after the effective date of the order imposing the fine
12or in accordance with the terms set forth in the order imposing
13the fine.
14    The Department may refuse to issue or may suspend the
15license of any person who fails to file a return, or to pay the
16tax, penalty or interest shown in a filed return, or to pay any
17final assessment of tax, penalty or interest, as required by
18any tax Act administered by the Illinois Department of
19Revenue, until such time as the requirements of any such tax
20Act are satisfied.
21    Any dentist who has had his or her license suspended or
22revoked for more than 5 years must comply with the
23requirements for restoration set forth in Section 16 prior to
24being eligible for reinstatement from the suspension or
25revocation.
26(Source: P.A. 103-425, eff. 1-1-24.)
 

 

 

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1    Section 10. The Consumer Fraud and Deceptive Business
2Practices Act is amended by adding Section 2EEEE as follows:
 
3    (815 ILCS 505/2EEEE new)
4    Sec. 2EEEE. Violations concerning teledentistry under the
5Illinois Dental Practice Act. Any person who violates Section
617.2 of the Illinois Dental Practice Act commits an unlawful
7practice within the meaning of this Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.