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91_SB0287enr SB287 Enrolled LRB9102305ACtm 1 AN ACT to amend the Illinois Dental Practice Act by 2 changing Sections 24, 37, and 44 and adding Section 38.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Dental Practice Act is amended 6 by changing Sections 24, 37, and 44 and adding Section 38.1 7 as follows: 8 (225 ILCS 25/24) (from Ch. 111, par. 2324) 9 Sec. 24. Refusal, Suspension or Revocation of Dental 10 Hygienist License. The Department may refuse to issue or 11 renew, may revoke, suspend, place on probation, reprimand or 12 take other disciplinary action as the Department may deem 13 proper, including fines not to exceed $2,500 per violation, 14 with regard to any dental hygienist license for any one or 15 any combination of the following causes: 16 1. Fraud in procuring license. 17 2. Performing any operation not authorized by this Act. 18 3. Practicing dental hygiene other than under the 19 supervision of a licensed dentist as provided by this Act. 20 4. The wilful violation of, or the wilful procuring of, 21 or knowingly assisting in the violation of, any Act which is 22 now or which hereafter may be in force in this State relating 23 to the use of habit-forming drugs. 24 5. The obtaining of, or an attempt to obtain a license, 25 or practice in the profession, or money, or any other thing 26 of value by fraudulent representation. 27 6. Gross negligence in performing the operative 28 procedure of dental hygiene. 29 7. Active practice of dental hygiene while knowingly 30 having any infectious, communicable, or contagious disease 31 proscribed by rule or regulation of the Department. SB287 Enrolled -2- LRB9102305ACtm 1 8. Habitual intoxication or addiction to the use of 2 habit-forming drugs. 3 9. Conviction in this or another state of any crime 4 which is a felony under the laws of this State or conviction 5 of a felony in a federal court, if the Department determines, 6 after investigation, that such person has not been 7 sufficiently rehabilitated to warrant the public trust. 8 10. Aiding or abetting the unlicensed practice of 9 dentistry or dental hygiene. 10 11. Discipline by another U.S. jurisdiction or a foreign 11 nation, if at least one of the grounds for the discipline is 12 the same or substantially equivalent to those set forth in 13 this Act. 14 12. Violating the Health Care Worker Self-Referral Act. 15 13. Violating the prohibitions of Section 38.1 of this 16 Act. 17 The provisions of this Act relating to proceedings for 18 the suspension and revocation of a license to practice 19 dentistry shall apply to proceedings for the suspension or 20 revocation of a license as a dental hygienist. 21 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.) 22 (225 ILCS 25/37) (from Ch. 111, par. 2337) 23 Sec. 37. Unlicensed practice; injunctions. The practice 24 of dentistry by any person not holding a valid and current 25 license under this Act is declared to be inimical to the 26 public welfare, to constitute a public nuisance, and to cause 27 irreparable harm to the public welfare. 28 A person is considered to practice dentistry who: 29 (1) employs a dentist, dental hygienist, or other 30 entity which can provide dental services under this Act; 31 (2) directs or controls the use of any dental 32 equipment or material while such equipment or material is 33 being used for the provision of dental services, provided SB287 Enrolled -3- LRB9102305ACtm 1 that this provision shall not be construed to prohibit a 2 person from obtaining professional advice or assistance 3 in obtaining or from leasing the equipment or material, 4 provided the advice, assistance, or lease does not 5 restrict or interfere with the custody, control, or use 6 of the equipment or material by the person; 7 (3) directs, controls or interferes with a 8 dentist's or dental hygienist's clinical judgment; or 9 (4) exercises direction or control, by written 10 contract, license, or otherwise, over a dentist, dental 11 hygienist, or other entity which can provide dental 12 services under this Act in the selection of a course of 13 treatment; limitation of patient referrals; content of 14 patient records; policies and decisions relating to 15 refunds (if the refund payment would be reportable under 16 federal law to the National Practitioner Data Bank) and 17 warranties and the clinical content of advertising; and 18 final decisions relating to employment of dental 19 assistants and dental hygienists. Nothing in this Act 20 shall, however, be construed as prohibiting the seeking 21 or giving of advice or assistance with respect to these 22 matters. 23 The purpose of this Section is to prevent a non-dentist 24 from influencing or otherwise interfering with the exercise 25 of independent professional judgment by a dentist, dental 26 hygienist, or other entity which can provide dental services 27 under this Act. Nothing in this Section shall be construed 28 to prohibit insurers and managed care plans from operating 29 pursuant to the applicable provisions of the Illinois 30 Insurance Code under which the entities are licensed. 31 The Director, the Attorney General, the State's attorney 32 of any county in the State, or any person may maintain an 33 action in the name of the People of the State of Illinois, 34 and may apply for injunctive relief in any circuit court to SB287 Enrolled -4- LRB9102305ACtm 1 enjoin such person from engaging in such practice; and upon 2 the filing of a verified petition in such court, the court if 3 satisfied by affidavit, or otherwise, that such person has 4 been engaged in such practice without a valid and current 5 license so to do, may enter a temporary restraining order 6 without notice or bond, enjoining the defendant from such 7 further practice. Only the showing of non-licensure, by 8 affidavit or otherwise, is necessary in order for a temporary 9 injunction to issue. A copy of the verified complaint shall 10 be served upon the defendant and the proceedings shall 11 thereafter be conducted as in other civil cases except as 12 modified by this Section. If it is established that the 13 defendant has been, or is engaged in such unlawful practice, 14 the court may enter an order or judgment perpetually 15 enjoining the defendant from further such practice. In all 16 proceedings hereunder the court, in its discretion, may 17 apportion the costs among the parties interested in the 18 action, including cost of filing the complaint, service of 19 process, witness fees and expenses, court reporter charges 20 and reasonable attorneys' fees. In case of violation of any 21 injunctive order entered under the provisions of this 22 Section, the court may summarily try and punish the offender 23 for contempt of court. Such injunction proceedings shall be 24 in addition to, and not in lieu of, all penalties and other 25 remedies provided in this Act. 26 (Source: P.A. 84-1308.) 27 (225 ILCS 25/38.1 new) 28 Sec. 38.1. Prohibition against interference by 29 non-dentists. The purpose of this Section is to ensure that 30 each dentist or dental hygienist practicing in this State 31 meets minimum requirements for safe practice without clinical 32 interference by persons not licensed under this Act. It is 33 the legislative intent that dental services be provided only SB287 Enrolled -5- LRB9102305ACtm 1 in accordance with the provisions of this Act and not be 2 delegated to unlicensed persons. 3 Unless otherwise authorized by this Act, a dentist or 4 dental hygienist is prohibited from providing dental services 5 in this State, if the dentist or dental hygienist: 6 (1) is employed by any person other than a dentist 7 to provide dental services; or 8 (2) allows any person other than another dentist to 9 direct, control, or interfere with the dentist's or 10 dental hygienist's clinical judgment. Clinical judgment 11 shall include but not be limited to such matters as the 12 dentist's or dental hygienist's selection of a course of 13 treatment, limitation of patient referrals, content of 14 patient records, policies and decisions relating to 15 refunds (if the refund payment would be reportable under 16 federal law to the National Practitioner Data Bank) and 17 warranties and the clinical content of advertising, and 18 final decisions relating to employment of dental 19 assistants and dental hygienists. This paragraph shall 20 not be construed to limit a patient's right of informed 21 consent. 22 (225 ILCS 25/44) (from Ch. 111, par. 2344) 23 Sec. 44. Practice by Corporations Prohibited. 24 Exceptions. No corporation shall practice dentistry or 25 engage therein, or hold itself out as being entitled to 26 practice dentistry, or furnish dental services or dentists, 27 or advertise under or assume the title of dentist or dental 28 surgeon or equivalent title, or furnish dental advice for any 29 compensation, or advertise or hold itself out with any other 30 person or alone, that it has or owns a dental office or can 31 furnish dental service or dentists, or solicit through 32 itself, or its agents, officers, employees, directors or 33 trustees, dental patronage for any dentist employed by any SB287 Enrolled -6- LRB9102305ACtm 1 corporation. 2 Nothing contained in this Act, however, shall: 3 (a) prohibit a corporation from employing a dentist 4 or dentists to render dental services to its employees, 5 provided that such dental services shall be rendered at 6 no cost or charge to the employees; 7 (b) prohibit a corporation or association from 8 providing dental services upon a wholly charitable basis 9 to deserving recipients; 10 (c) prohibit a corporation or association from 11 furnishing information or clerical services which can be 12 furnished by persons not licensed to practice dentistry, 13 to any dentist when such dentist assumes full 14 responsibility for such information or services; 15 (d) prohibit dental corporations as authorized by 16 the Professional Service Corporation Act, dental 17 associations as authorized by the Professional 18 Association Act, or dental limited liability companies as 19 authorized by the Limited Liability Company Act; 20 (e) prohibit dental limited liability partnerships 21 as authorized by the Uniform Partnership Act;.22 (f) prohibit hospitals, public health clinics, 23 federally qualified health centers, or other entities 24 specified by rule of the Department from providing dental 25 services; or 26 (g) prohibit dental management service 27 organizations from providing non-clinical business 28 services that do not violate the provisions of this Act. 29 Any corporation violating the provisions of this Section 30 is guilty of a Class A misdemeanor and each day that this Act 31 is violated shall be considered a separate offense. 32 (Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)