SB0058 99TH GENERAL ASSEMBLY

LRB099 03717 HAF 23729 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0058

Introduced 1/15/2015, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

225 ILCS 25/47	from Ch. 111, par. 2347
225 ILCS 25/47.5 new
225 ILCS 25/48	from Ch. 111, par. 2348

Amends the Illinois Dental Practice Act. Provides that dental laboratories shall annually register with the Department. Sets the annual registration fee at $150. Requires dentists to only use the services of a registered dental laboratory. Requires dental laboratories to operate under the supervision of at least one dental technician or dentist. Requires dental laboratories to comply with certain federal regulations concerning infectious disease control. Requires dental laboratories to provide material disclosure of certain information to the prescribing dentist. Provides for both administrative and criminal penalties for violation of the requirements. Authorizes the Department to adopt rules necessary for implementation.

A BILL FOR

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 47 and 48 and by adding Section 47.5 as follows:

(225 ILCS 25/47) (from Ch. 111, par. 2347)

(Section scheduled to be repealed on January 1, 2016)

Sec. 47. Dental Laboratories. Dentists may employ or engage the services of any registered dental laboratory to construct or repair, extraorally, prosthetic dentures, bridges, or other replacements for a part of a tooth, a tooth, or teeth. A dental laboratory so employed may, with the knowledge of the dentist, subcontract with another dental laboratory for all or a portion of such construction or repair. A dental laboratory so employed or engaged, when constructing or repairing such dentures, bridges or replacements, exclusively, directly and solely for dentists, and not for the public or any part thereof, shall not be deemed or considered to be practicing dentistry as defined in this Act.

Dental laboratories may advertise, but such advertisements may be directed only toward dentists. Each advertisement shall contain the following language: "Available only to licensed dentists". Advertisements in trade journals or professional publications for dentists, or direct mail solicitations addressed to dentists, need not contain such language.

(Source: P.A. 84-365.)

(225 ILCS 25/47.5 new)

Sec. 47.5. Registration of dental laboratories.

(a) Any dental laboratory operating, doing business, or intending to operate or do business within the State shall be registered with the Department. A dental laboratory shall be considered operating or doing business within the State if its work product is prepared pursuant to a written authorization originating within this State.

(b) The Department shall not issue a dental laboratory registration unless the applying dental laboratory is operated under the supervision of at least one dental technician or dentist.

(c) If the dental laboratory violates any provision of this Section, it shall be subject to disciplinary action, in addition to the penalties provided for under subsection (e) of Section 48.

(d) Each dental laboratory shall pay a non-refundable $150 fee when applying to register with the Department.

(e) Upon registration, the Department shall assign to the laboratory a registration number. That number shall appear on all invoices or other correspondence of the laboratory.

(f) A dentist shall use only those services of a dental laboratory that is duly registered under this Section. A dentist shall include the registration number of the dental laboratory on the dentist's work order.

(g) In addition to the requirements of subsection (c-5) of Section 48, a dental laboratory applying for registration shall provide the Department with:

(1) its name, mailing address, phone number, and e-mail address;

(2) its physical address, if different from its mailing address;

(3) the name of the supervising dental technician or the name and license number of the supervising dentist;

(4) a statement that the laboratory meets the infectious disease control requirements of the Occupational Safety and Health Administration and the Centers for Disease Control and Prevention of the United States Public Health Service;

(5) an acknowledgement by the supervising dental technician or dentist that the laboratory will provide material disclosure to the prescribing dentist that contains the United States Food and Drug Administration registration number of all patient contact materials contained in the prescribed restoration in order that the dentist may include those numbers in the patient's record; and

(6) an acknowledgement by the supervising dental technician or dentist that he or she will disclose to the prescribing dentist the point of origin of the manufacture of the prescribed restoration. If the restoration was partially or entirely manufactured by a third-party provider, the point of origin disclosure shall identify the portion manufactured by a third-party provider and the city, state, and country of the provider.

(h) Each commercial dental laboratory registered with the Department shall be required to renew its registration annually and pay a non-refundable registration fee of $150.

(i) The Department shall adopt all rules necessary to carry out the provisions of this Section.

(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 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) In addition to the provisions of Section 47.5, any 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;

(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. 94-1014, eff. 7-7-06.)