(225 ILCS 25/23)
(from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2016)
Refusal, revocation or suspension of dental licenses.
Department may refuse to issue or renew, or may revoke, suspend, place on
probation, reprimand or take other disciplinary or non-disciplinary action as the Department
may deem proper, including imposing 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 or misrepresentation in applying for or
procuring a license under this Act, or in connection with applying for renewal of a license under this Act.
2. Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug.
3. Willful 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 or her legal representative. Nothing in this item 5 affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this item 5 shall be construed to require an employment arrangement to receive professional fees for services rendered.
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 or her 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) under the Illinois Public Aid Code.
10. Practicing under a false or, except as provided
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
12. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by sentencing for any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that (i) is a felony under the laws of this State or (ii) is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of dentistry.
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 or her 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
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 negligence in practice under this Act.
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 or her 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
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. Gross or repeated irregularities in billing 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
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
31. A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation.
32. Material misstatement in furnishing information
33. Failing, within 60 days, to provide information
in response to a written request by the Department in the course of an investigation.
34. Immoral conduct in the commission of any act,
including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice.
35. Cheating on or attempting to subvert the
licensing examination administered under this Act.
36. A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under this Act.
37. Failure to establish and maintain records of
patient care and treatment as required under this Act.
38. Failure to provide copies of dental records as
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. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; 97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)