Illinois Compiled Statutes
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225 ILCS 25/25
(225 ILCS 25/25)
(from Ch. 111, par. 2325)
(Section scheduled to be repealed on January 1, 2026)
Notice of hearing; investigations and informal
(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
or she 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
(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; and
(3) that failure of the dentist or dental hygienist
to proceed with the interview shall not prohibit the Department from conducting a visual inspection of the facility.
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.
(b-5) The duly authorized dental investigators of the Department shall have the right to enter and inspect, during business hours, the business premises of a dentist licensed under this Act or of a person who holds himself or herself out as practicing dentistry, with due consideration for patient care of the subject of the investigation, so as to inspect the physical premises and equipment and furnishings therein. This right of inspection shall not include inspection of business, medical, or personnel records located on the premises without a Department subpoena issued in accordance with Section 25.1 of this Act or Section 2105-105 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. For the purposes of this Section, "business premises" means the office or offices where the dentist conducts the practice of dentistry.
(c) If the Department concludes on the basis of a complaint or its initial
investigation that there is a possible violation of the Act,
(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
must be approved by the Secretary. However, if the consent order would result in a fine exceeding $10,000 or the suspension or revocation of the dentist or dental hygienist license, the consent order must be approved by the Board and the Secretary. 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
including any agreements in a consent order that is subsequently disapproved
by either the Board or the Secretary, 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 Secretary shall, before suspending, revoking, placing on
status, or taking any other disciplinary action as the Secretary 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 Secretary
may deem proper.
(e) Such written notice and any notice in such proceedings thereafter
served by delivery personally to the respondent, or by
certified mail to the address last theretofore specified by the respondent
in his or her last notification to the Secretary.
(Source: P.A. 99-492, eff. 12-31-15.)