State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ House Amendment 001 ]


SB288 Engrossed                                LRB9102107JSpc

 1        AN  ACT  to  amend  the  Illinois  Dental Practice Act by
 2    changing Sections 23 and 25.

 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 23 and 25 as follows:

 7        (225 ILCS 25/23) (from Ch. 111, par. 2323)
 8        Sec. 23. Refusal,  revocation  or  suspension  of  dental
 9    licenses.   The  Department  may refuse to issue or renew, or
10    may revoke, suspend, place on probation,  reprimand  or  take
11    other  disciplinary action as the Department may deem proper,
12    including fines not to exceed  $10,000  per  violation,  with
13    regard  to  any license for any one or any combination of the
14    following causes:
15        1.  Fraud in procuring the license.
16        2.  Habitual intoxication or  addiction  to  the  use  of
17    drugs.
18        3.  Wilful  or  repeated  violations  of the rules of the
19    Department of Public Health or Department of Nuclear Safety.
20        4.  Acceptance of a fee for service as a witness, without
21    the knowledge of the court, in addition to the fee allowed by
22    the court.
23        5.  Division of fees or agreeing to split or  divide  the
24    fees  received  for  dental  services  with  any  person  for
25    bringing or referring a patient, except in regard to referral
26    services  as  provided  for under Section 45, or assisting in
27    the care or treatment of a patient, without the knowledge  of
28    the patient or his legal representative.
29        6.  Employing,  procuring, inducing, aiding or abetting a
30    person not licensed or registered as a dentist to  engage  in
31    the  practice  of dentistry. The person practiced upon is not
SB288 Engrossed             -2-                LRB9102107JSpc
 1    an accomplice, employer, procurer, inducer, aider, or abetter
 2    within the meaning of this Act.
 3        7.  Making  any  misrepresentations  or  false  promises,
 4    directly or indirectly,  to  influence,  persuade  or  induce
 5    dental patronage.
 6        8.  Professional   connection   or  association  with  or
 7    lending his name to  another  for  the  illegal  practice  of
 8    dentistry   by   another,   or   professional  connection  or
 9    association with any  person,  firm  or  corporation  holding
10    himself,  herself,  themselves,  or  itself out in any manner
11    contrary to this Act.
12        9.  Obtaining or seeking to obtain  practice,  money,  or
13    any   other   things   of   value   by  false  or  fraudulent
14    representations,  but  not  limited  to,  engaging  in   such
15    fraudulent practice to defraud the medical assistance program
16    of the Department of Public Aid.
17        10.  Practicing under a name other than his or her own.
18        11.  Engaging     in    dishonorable,    unethical,    or
19    unprofessional conduct of  a  character  likely  to  deceive,
20    defraud, or harm the public.
21        12.  Conviction  in  this  or  another State of any crime
22    which is a felony under the laws of this State or  conviction
23    of  a felony in a federal court, conviction of a misdemeanor,
24    an essential element of which is dishonesty, or conviction of
25    any crime which  is  directly  related  to  the  practice  of
26    dentistry or dental hygiene.
27        13.  Permitting  a  dental hygienist, dental assistant or
28    other person under his or  her  supervision  to  perform  any
29    operation not authorized by this Act.
30        14.  Permitting  more  than  4  dental  hygienists  to be
31    employed under his supervision at any one time.
32        15.  A violation of any provision  of  this  Act  or  any
33    rules promulgated under this Act.
34        16.  Taking  impressions for or using the services of any
SB288 Engrossed             -3-                LRB9102107JSpc
 1    person, firm or corporation violating this Act.
 2        17.  Violating any provision of Section  45  relating  to
 3    advertising.
 4        18.  Discipline  by  another U.S. jurisdiction or foreign
 5    nation, if at least one of the grounds for the discipline  is
 6    the  same  or  substantially  equivalent  to  those set forth
 7    within this Act.
 8        19.  Willfully failing to report an instance of suspected
 9    child abuse  or  neglect  as  required  by  the  "Abused  and
10    Neglected Child Reporting Act.
11        20.  Gross or repeated malpractice resulting in injury or
12    death of a patient.
13        21.  The  use  or  prescription  for  use of narcotics or
14    controlled substances or designated products as listed in the
15    Illinois Controlled Substances Act, in any way other than for
16    therapeutic purposes.
17        22.  Willfully making or filing false records or  reports
18    in  his practice as a dentist, including, but not limited to,
19    false records to support claims against the dental assistance
20    program of the Illinois Department of Public Aid.
21        23.  Professional  incompetence  as  manifested  by  poor
22    standards of care or mental incompetency  as  declared  by  a
23    court of competent jurisdiction.
24        24.  Physical  or  mental  illness,  including,  but  not
25    limited  to, deterioration through the aging process, or loss
26    of motor skills which results in  a  dentist's  inability  to
27    practice dentistry with reasonable judgment, skill or safety.
28    In  enforcing  this paragraph, the Department, upon a showing
29    of a violation of paragraph 23, may compel a person  licensed
30    to  practice under this Act to submit to a mental or physical
31    examination, or both, as required by and at  the  expense  of
32    the  Department.  Failure of any person to submit to a mental
33    or physical examination when directed shall  be  grounds  for
34    suspension  of that person's license until the person submits
SB288 Engrossed             -4-                LRB9102107JSpc
 1    to the examination if the Department finds, after notice  and
 2    hearing,  that  the  refusal to submit to the examination was
 3    without reasonable cause.
 4        25.  Repeated irregularities in billing a third party for
 5    services  rendered  to  a  patient.   For  purposes  of  this
 6    paragraph 25, "irregularities in billing" shall include:
 7             (a)  Reporting excessive charges for the purpose  of
 8        obtaining  a  total  payment  in  excess  of that usually
 9        received by the dentist for the services rendered.
10             (b)  Reporting charges for services not rendered.
11             (c)  Incorrectly reporting services rendered for the
12        purpose of obtaining payment not earned.
13        26.  Continuing the active practice  of  dentistry  while
14    knowingly  having any infectious, communicable, or contagious
15    disease proscribed by rule or regulation of the Department.
16        27.  Being named as a perpetrator in an indicated  report
17    by the Department of Children and Family Services pursuant to
18    the  Abused and Neglected Child Reporting Act, and upon proof
19    by clear and convincing evidence that the licensee has caused
20    a child to be an abused child or neglected child  as  defined
21    in the Abused and Neglected Child Reporting Act.
22        28.  Violating the Health Care Worker Self-Referral Act.
23        29.  Abandonment of a patient.
24        30.  Mental  incompetency  as  declared  by  a  court  of
25    competent jurisdiction.
26        All proceedings to suspend, revoke, place on probationary
27    status,   or  take  any  other  disciplinary  action  as  the
28    Department may deem proper, with regard to a license  on  any
29    of  the  foregoing  grounds, must be commenced within 3 years
30    after receipt by the Department of a complaint  alleging  the
31    commission  of  or  notice of the conviction order for any of
32    the acts described herein.  Except for fraud in  procuring  a
33    license, no action shall be commenced more than 5 years after
34    the date of the incident or act alleged to have violated this
SB288 Engrossed             -5-                LRB9102107JSpc
 1    Section.  The time during which the holder of the license was
 2    outside  the  State  of Illinois shall not be included within
 3    any period of time limiting the commencement of  disciplinary
 4    action by the Department.
 5        The  Department  may  refuse  to issue or may suspend the
 6    license of any person who fails to file a return, or  to  pay
 7    the  tax,  penalty or interest shown in a filed return, or to
 8    pay any final assessment of  tax,  penalty  or  interest,  as
 9    required   by  any  tax  Act  administered  by  the  Illinois
10    Department of Revenue, until such time as the requirements of
11    any such tax Act are satisfied.
12    (Source: P.A. 88-65; 88-153;  88-635,  eff.  1-1-95;  88-670,
13    eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.)

14        (225 ILCS 25/25) (from Ch. 111, par. 2325)
15        Sec.    25.     Investigations    Notice    of   hearing;
16    investigations and informal conferences.
17        (a)  Upon the motion of  either  the  Department  or  the
18    Board or upon the verified complaint in writing of any person
19    setting  forth facts which if proven would constitute grounds
20    for refusal, suspension or revocation of license  under  this
21    Act,  the  Board shall investigate the actions of any person,
22    hereinafter called the respondent, who  holds  or  represents
23    that he holds a license. All such motions or complaints shall
24    be brought to the Board.
25        (b)  At  the initial meeting of a Department investigator
26    with a dentist or dental hygienist who is the  subject  of  a
27    complaint,  the  investigator shall inform the dentist or the
28    dental hygienist in writing:
29             (1)  that the dentist or  dental  hygienist  is  the
30        subject of a complaint;
31             (2)  of the substance of the complaint; and
32             (3)  of   the   rights  of  the  dentist  or  dental
33        hygienist under this Act.
SB288 Engrossed             -6-                LRB9102107JSpc
 1        (c)  If the  Department  concludes  on  the  basis  of  a
 2    complaint  or  its  initial  investigation  that  there  is a
 3    reasonable likelihood of violation of the Act, the Department
 4    may:
 5             (1)  schedule a hearing pursuant to this Act; or
 6             (2)  request in writing that the dentist  or  dental
 7        hygienist   being   investigated   attend   an   informal
 8        conference with representatives of the Department.
 9        The  request for an informal conference shall contain the
10    exact  nature  of  the  alleged  actions  or  inactions  that
11    constitute the possible violation as well as the name of  the
12    complainant or complainants.
13        A  dentist  or  dental hygienist shall be allowed to have
14    legal counsel at the informal conference.   If  the  informal
15    conference  results  in  a  consent order between the accused
16    dentist or dental hygienist and the Department,  the  consent
17    order  must  be  approved  by  the  Board  and  the Director.
18    Participation in the informal  conference  by  a  dentist  or
19    dental hygienist and any admissions or stipulations made by a
20    dentist  or  dental  hygienist  at  the  informal conference,
21    including  any  agreements  in  a  consent  order   that   is
22    subsequently disapproved by either the Board or the Director,
23    shall  not be used against the dentist or dental hygienist at
24    any subsequent hearing and shall not become  a  part  of  the
25    record of the hearing.
26        (d)  The  Director  shall,  before  suspending, revoking,
27    placing  on  probationary  status,  or   taking   any   other
28    disciplinary  action  as  the  Director  may deem proper with
29    regard to any license, at least 30 days prior to the date set
30    for the hearing, notify the  respondent  in  writing  of  any
31    charges  made  and  the  time  and place for a hearing of the
32    charges before the Board, direct him or her to  file  his  or
33    her  written answer thereto to the Board under oath within 20
34    days after the service on him  or  her  of  such  notice  and
SB288 Engrossed             -7-                LRB9102107JSpc
 1    inform him or her that if he or she fails to file such answer
 2    default  will  be  taken  against  him  or her and his or her
 3    license may be suspended,  revoked,  placed  on  probationary
 4    status, or other disciplinary action may be taken with regard
 5    thereto,  including  limiting  the scope, nature or extent of
 6    his or her practice, as the Director may deem proper.
 7        (e)  Such  written  notice  and  any   notice   in   such
 8    proceedings  thereafter  may be served by delivery personally
 9    to the respondent, or by registered or certified mail to  the
10    address  last  theretofore specified by the respondent in his
11    or her last notification to the Director.
12    (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)

[ Top ]