(225 ILCS 25/37)
(from Ch. 111, par. 2337)
(Section scheduled to be repealed on January 1, 2026)
Unlicensed practice; injunctions.
The practice of dentistry
by any person not holding a valid
and current license under this Act is declared to be inimical to the public
welfare, to constitute a public nuisance, and to cause irreparable harm to
the public welfare.
A person is considered to practice dentistry who:
(1) employs a dentist, dental hygienist, or other
equipment or material while such equipment or material is being used for the provision of dental services, provided that this provision shall not be construed to prohibit a person from obtaining professional advice or assistance in obtaining or from leasing the equipment or material, provided the advice, assistance, or lease does not restrict or interfere with the custody, control, or use of the equipment or material by the person;
contract, license, or otherwise, over a dentist, dental hygienist, or other entity which can provide dental services under this Act in the selection of a course of treatment; limitation of patient referrals; content of patient records; policies and decisions relating to refunds (if the refund payment would be reportable under federal law to the National Practitioner Data Bank) and warranties and the clinical content of advertising; and final decisions relating to employment of dental assistants and dental hygienists. Nothing in this Act shall, however, be construed as prohibiting the seeking or giving of advice or assistance with respect to these matters.
The purpose of this Section is to prevent a non-dentist from influencing or
otherwise interfering with the exercise of independent professional judgment by
a dentist, dental hygienist, or other entity which can provide dental services
under this Act. Nothing in this Section
shall be construed to prohibit insurers and managed care plans from operating
pursuant to the applicable provisions of the Illinois Insurance Code under
which the entities are licensed.
The Secretary, the Attorney General, the State's
attorney of any county in the State, or any person may maintain an action
in the name of the People of the State of Illinois, and may apply for
injunctive relief in any circuit court to enjoin such person from engaging in
such practice; and upon the filing of a verified petition in such court,
the court if satisfied by affidavit, or otherwise,
that such person has been engaged in such practice without a valid and
current license so to do, may enter a temporary restraining
order without notice
or bond, enjoining the defendant from such further practice. Only the
showing of non-licensure, by affidavit or otherwise, is necessary in order
for a temporary injunction to issue. A
copy of the verified complaint shall be served
upon the defendant and the proceedings shall thereafter be conducted as
in other civil cases except as modified by this Section. If it is
established that the defendant has been, or is engaged in such unlawful
practice, the court may enter an order or judgment
perpetually enjoining the defendant from further such practice. In all
proceedings hereunder the court, in its discretion, may apportion the costs
among the parties interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses, court reporter
charges and reasonable attorneys' fees. In case of violation of any
injunctive order entered under the provisions of
this Section, the court may summarily try and punish the offender for contempt
court. Such injunction proceedings shall be in addition to, and not in
lieu of, all penalties and other remedies provided in this Act.
This Section does not apply to an executor, administrator, guardian, or authorized representative contracting with another dentist or dentists to continue the operations of a deceased or incapacitated dentist's practice under Section 38.2 of this Act.
(Source: P.A. 97-1013, eff. 8-17-12