State of Illinois
91st General Assembly

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

[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB1323 Enrolled                                LRB9110229ACtm

 1        AN ACT to amend the Illinois Dental Practice Act.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Dental Practice Act  is  amended
 5    by  changing Sections 4, 18, 23, and 25 and by adding Section
 6    23b as follows:

 7        (225 ILCS 25/4) (from Ch. 111, par. 2304)
 8        Sec. 4.  Definitions.  As used in this Act:
 9        (a)  "Department"  means  the  Illinois   Department   of
10    Professional Regulation.
11        (b)  "Director"   means   the  Director  of  Professional
12    Regulation.
13        (c)  "Board" means the Board of Dentistry established  by
14    Section 6 of this Act.
15        (d)  "Dentist"  means a person who has received a general
16    license pursuant to paragraph (a) of Section 11 of  this  Act
17    and  who  may  perform  any intraoral and extraoral procedure
18    required in the practice of dentistry and to whom is reserved
19    the responsibilities specified in Section 17.
20        (e)  "Dental  hygienist"  means  a  person  who  holds  a
21    license  under  this  Act  to  perform  dental  services   as
22    authorized by Section 18.
23        (f)  "Dental  assistant"  means  an appropriately trained
24    person who, under the  supervision  of  a  dentist,  provides
25    dental services as authorized by Section 17.
26        (g)  "Dental   laboratory"   means   a  person,  firm  or
27    corporation which:
28             (i)  engages  in  making,  providing,  repairing  or
29        altering   dental   prosthetic   appliances   and   other
30        artificial materials and devices which are returned to  a
31        dentist for insertion into the human oral cavity or which
SB1323 Enrolled             -2-                LRB9110229ACtm
 1        come in contact with its adjacent structures and tissues;
 2        and
 3             (ii)  utilizes  or  employs  a  dental technician to
 4        provide such services; and
 5             (iii)  performs such functions only for a dentist or
 6        dentists.
 7        (h)  "Supervision"  means   supervision   of   a   dental
 8    hygienist  or  a  dental  assistant  requiring that a dentist
 9    authorize the procedure, remain in the dental facility  while
10    the procedure is performed, and approve the work performed by
11    the  dental hygienist or dental assistant before dismissal of
12    the patient, but does not  mean  that  the  dentist  must  be
13    present at all times in the treatment room.
14        (i)  "General  supervision" means supervision of a dental
15    hygienist requiring that a dentist authorize  the  procedures
16    which are being carried out, but not requiring that a dentist
17    be   present   when   the  authorized  procedures  are  being
18    performed.  The authorized procedures may also  be  performed
19    at  a place other than the dentist's usual place of practice.
20    The issuance of a prescription to a dental  laboratory  by  a
21    dentist does not constitute general supervision.
22        (j)  "Public  member"  means a person who is not a health
23    professional.  For purposes of board membership,  any  person
24    with  a significant financial interest in a health service or
25    profession is not a public member.
26        (k)  "Dentistry" means the healing art which is concerned
27    with the examination, diagnosis, treatment planning and  care
28    of  conditions  within the human oral cavity and its adjacent
29    tissues and structures, as further specified in Section 17.
30        (l)  "Branches   of   dentistry"   means   the    various
31    specialties  of  dentistry  which,  for purposes of this Act,
32    shall be limited to  the  following:  endodontics,  oral  and
33    maxillofacial    surgery,    orthodontics   and   dentofacial
34    orthopedics,   pediatric    dentistry,    periodontics    and
SB1323 Enrolled             -3-                LRB9110229ACtm
 1    prosthodontics.
 2        (m)  "Specialist"  means  a  dentist  who  has received a
 3    specialty license pursuant to Section 11(b).
 4        (n)  "Dental  technician"  means  a  person   who   owns,
 5    operates or is employed by a dental laboratory and engages in
 6    making,  providing,  repairing  or altering dental prosthetic
 7    appliances and other artificial materials and  devices  which
 8    are  returned  to a dentist for insertion into the human oral
 9    cavity or which come in contact with its adjacent  structures
10    and tissues.
11        (o)  "Impaired  dentist"  or  "impaired dental hygienist"
12    means a dentist or dental hygienist who is unable to practice
13    dentistry with reasonable  skill  and  safety  because  of  a
14    physical  or  mental  disability  as  evidenced  by a written
15    determination or written consent based on clinical  evidence,
16    including  deterioration  through  the aging process, loss of
17    motor skills, abuse of drugs or  alcohol,  or  a  psychiatric
18    disorder,  of  sufficient  degree  to  diminish  the person's
19    ability to deliver competent patient care.
20    (Source: P.A. 91-138, eff. 1-1-00.)

21        (225 ILCS 25/18) (from Ch. 111, par. 2318)
22        Sec.  18.   Acts  Constituting  the  Practice  of  Dental
23    Hygiene.  Limitations. A dental hygienist may be employed  or
24    engaged only:
25             (a)  Under the supervision of a dentist:
26                  (1)  In the office of a dentist;
27                  (2)  By  a  federal, State, county or municipal
28             agency or institution;
29                  (3)  By a public or private school; or
30                  (4)  By a public  clinic  operating  under  the
31             direction  of  a hospital or federal, State, county,
32             municipal or other public agency or institution.
33        When employed or engaged pursuant to this paragraph (a) a
SB1323 Enrolled             -4-                LRB9110229ACtm
 1    dental hygienist may perform  the  following  procedures  and
 2    acts:
 3                  (i)  the operative procedure of dental hygiene,
 4             consisting of oral prophylactic procedures;
 5                  (ii)  the  exposure  and  processing  of  X-Ray
 6             films of the teeth and surrounding structures;
 7                  (iii)  the  application  to the surfaces of the
 8             teeth or gums of chemical compounds designed  to  be
 9             desensitizing  agents  or  effective  agents  in the
10             prevention of dental caries or periodontal disease;
11                  (iv)  all services which may be performed by  a
12             dental  assistant  as  specified by rule pursuant to
13             Section 17;
14                  (v)  administration and monitoring  of  nitrous
15             oxide  upon  successful  completion  of  a  training
16             program approved by the Department; and
17                  (vi)  administration  of local anesthetics upon
18             successful completion of a training program approved
19             by the Department; and
20                  (vii) (vi) such other procedures  and  acts  as
21             shall  be  prescribed  by  rule or regulation of the
22             Department.
23             (b)  Under the general supervision of a dentist in a
24        long-term  care  facility  licensed  by  the   State   of
25        Illinois,  or a mental health or developmental disability
26        facility operated by the Department of Human Services, if
27        the patient is  unable  to  travel  to  a  dental  office
28        because  of  illness  or  infirmity.   The  dentist shall
29        personally examine and diagnose the patient and determine
30        which services are necessary to be performed, which shall
31        be contained in a written order to the  hygienist.   Such
32        order must be implemented within 90 days of its issuance,
33        and  an  updated medical history and oral inspection must
34        be  performed  by  the  hygienist  immediately  prior  to
SB1323 Enrolled             -5-                LRB9110229ACtm
 1        beginning the procedures to  ensure  that  the  patient's
 2        health  has  not  changed  in  any  manner  to  warrant a
 3        reexamination by the dentist.
 4             (c)  Without the supervision of a dentist, a  dental
 5        hygienist  may  perform dental health education functions
 6        and  may  record  case  histories  and  oral   conditions
 7        observed.
 8        The  number  of  dental hygienists practicing in a dental
 9    office shall not exceed, at any one time, 4 times the  number
10    of dentists practicing in the office at the time.
11    (Source: P.A. 91-594, eff. 1-1-00.)

12        (225 ILCS 25/23) (from Ch. 111, par. 2323)
13        Sec.  23.  Refusal,  revocation  or  suspension of dental
14    licenses.  The Department may refuse to issue  or  renew,  or
15    may  revoke,  suspend,  place on probation, reprimand or take
16    other disciplinary action as the Department may deem  proper,
17    including  fines  not  to  exceed $10,000 per violation, with
18    regard to any license for any one or any combination  of  the
19    following causes:
20        1.  Fraud in procuring the license.
21        2.  Habitual  intoxication  or  addiction  to  the use of
22    drugs.
23        3.  Wilful or repeated violations of  the  rules  of  the
24    Department of Public Health or Department of Nuclear Safety.
25        4.  Acceptance of a fee for service as a witness, without
26    the knowledge of the court, in addition to the fee allowed by
27    the court.
28        5.  Division  of  fees or agreeing to split or divide the
29    fees  received  for  dental  services  with  any  person  for
30    bringing or referring a patient, except in regard to referral
31    services as provided for under Section 45,  or  assisting  in
32    the  care or treatment of a patient, without the knowledge of
33    the patient or his legal representative.
SB1323 Enrolled             -6-                LRB9110229ACtm
 1        6.  Employing, procuring, inducing, aiding or abetting  a
 2    person  not  licensed or registered as a dentist to engage in
 3    the practice of dentistry. The person practiced upon  is  not
 4    an accomplice, employer, procurer, inducer, aider, or abetter
 5    within the meaning of this Act.
 6        7.  Making  any  misrepresentations  or  false  promises,
 7    directly  or  indirectly,  to  influence,  persuade or induce
 8    dental patronage.
 9        8.  Professional  connection  or  association   with   or
10    lending  his  name  to  another  for  the illegal practice of
11    dentistry  by  another,   or   professional   connection   or
12    association  with  any  person,  firm  or corporation holding
13    himself, herself, themselves, or itself  out  in  any  manner
14    contrary to this Act.
15        9.  Obtaining  or  seeking  to obtain practice, money, or
16    any  other  things  of   value   by   false   or   fraudulent
17    representations,   but  not  limited  to,  engaging  in  such
18    fraudulent practice to defraud the medical assistance program
19    of the Department of Public Aid.
20        10.  Practicing under a name other than his or her own.
21        11.  Engaging    in    dishonorable,    unethical,     or
22    unprofessional  conduct  of  a  character  likely to deceive,
23    defraud, or harm the public.
24        12.  Conviction in this or another  State  of  any  crime
25    which  is a felony under the laws of this State or conviction
26    of a felony in a federal court, conviction of a  misdemeanor,
27    an essential element of which is dishonesty, or conviction of
28    any  crime  which  is  directly  related  to  the practice of
29    dentistry or dental hygiene.
30        13.  Permitting a dental hygienist, dental  assistant  or
31    other  person  under  his  or  her supervision to perform any
32    operation not authorized by this Act.
33        14.  Permitting more  than  4  dental  hygienists  to  be
34    employed under his supervision at any one time.
SB1323 Enrolled             -7-                LRB9110229ACtm
 1        15.  A  violation  of  any  provision  of this Act or any
 2    rules promulgated under this Act.
 3        16.  Taking impressions for or using the services of  any
 4    person, firm or corporation violating this Act.
 5        17.  Violating  any  provision  of Section 45 relating to
 6    advertising.
 7        18.  Discipline by another U.S. jurisdiction  or  foreign
 8    nation,  if at least one of the grounds for the discipline is
 9    the same or  substantially  equivalent  to  those  set  forth
10    within this Act.
11        19.  Willfully failing to report an instance of suspected
12    child  abuse  or  neglect  as  required  by  the  Abused  and
13    Neglected Child Reporting Act.
14        20.  Gross or repeated malpractice resulting in injury or
15    death of a patient.
16        21.  The  use  or  prescription  for  use of narcotics or
17    controlled substances or designated products as listed in the
18    Illinois Controlled Substances Act, in any way other than for
19    therapeutic purposes.
20        22.  Willfully making or filing false records or  reports
21    in  his practice as a dentist, including, but not limited to,
22    false records to support claims against the dental assistance
23    program of the Illinois Department of Public Aid.
24        23.  Professional  incompetence  as  manifested  by  poor
25    standards of care or mental incompetency  as  declared  by  a
26    court of competent jurisdiction.
27        24.  Physical  or  mental  illness,  including,  but  not
28    limited  to, deterioration through the aging process, or loss
29    of motor skills which results in  a  dentist's  inability  to
30    practice dentistry with reasonable judgment, skill or safety.
31    In  enforcing  this  paragraph,  the  Department may compel a
32    person licensed to practice under this Act  to  submit  to  a
33    mental  or  physical  examination  pursuant  to the terms and
34    conditions of Section 23b.
SB1323 Enrolled             -8-                LRB9110229ACtm
 1        25.  Repeated irregularities in billing a third party for
 2    services  rendered  to  a  patient.   For  purposes  of  this
 3    paragraph 25, "irregularities in billing" shall include:
 4             (a)  Reporting excessive charges for the purpose  of
 5        obtaining  a  total  payment  in  excess  of that usually
 6        received by the dentist for the services rendered.
 7             (b)  Reporting charges for services not rendered.
 8             (c)  Incorrectly reporting services rendered for the
 9        purpose of obtaining payment not earned.
10        26.  Continuing the active practice  of  dentistry  while
11    knowingly  having any infectious, communicable, or contagious
12    disease proscribed by rule or regulation of the Department.
13        27.  Being named as a perpetrator in an indicated  report
14    by the Department of Children and Family Services pursuant to
15    the  Abused and Neglected Child Reporting Act, and upon proof
16    by clear and convincing evidence that the licensee has caused
17    a child to be an abused child or neglected child  as  defined
18    in the Abused and Neglected Child Reporting Act.
19        28.  Violating the Health Care Worker Self-Referral Act.
20        29.  Abandonment of a patient.
21        30.  Mental  incompetency  as  declared  by  a  court  of
22    competent jurisdiction.
23        All proceedings to suspend, revoke, place on probationary
24    status,   or  take  any  other  disciplinary  action  as  the
25    Department may deem proper, with regard to a license  on  any
26    of  the  foregoing  grounds, must be commenced within 3 years
27    after receipt by the Department of a complaint  alleging  the
28    commission  of  or  notice of the conviction order for any of
29    the acts described herein.  Except for fraud in  procuring  a
30    license, no action shall be commenced more than 5 years after
31    the date of the incident or act alleged to have violated this
32    Section.  The time during which the holder of the license was
33    outside  the  State  of Illinois shall not be included within
34    any period of time limiting the commencement of  disciplinary
SB1323 Enrolled             -9-                LRB9110229ACtm
 1    action by the Department.
 2        The  Department  may  refuse  to issue or may suspend the
 3    license of any person who fails to file a return, or  to  pay
 4    the  tax,  penalty or interest shown in a filed return, or to
 5    pay any final assessment of  tax,  penalty  or  interest,  as
 6    required   by  any  tax  Act  administered  by  the  Illinois
 7    Department of Revenue, until such time as the requirements of
 8    any such tax Act are satisfied.
 9    (Source: P.A. 91-357, eff. 7-29-99.)

10        (225 ILCS 25/23b new)
11        Sec.   23b.  Requirement   for   mental   and    physical
12    examinations under certain conditions.
13        (a)  In enforcing paragraph 24 of Section 23 of this Act,
14    the Department may compel a person licensed to practice under
15    this  Act  to  submit to a mental or physical examination, or
16    both, as required by and at the expense  of  the  Department.
17    The  Department  may order the examining physician to present
18    testimony concerning the mental or  physical  examination  of
19    the  licensee or applicant.  No information shall be excluded
20    by reason of any common law or statutory  privilege  relating
21    to  communications  between the licensee or applicant and the
22    examining physician.  The  examining  physician  shall  be  a
23    physician  licensed  to practice medicine in all its branches
24    specifically designated by the Department.  The individual to
25    be examined may have, at his  or  her  own  expense,  another
26    physician  of his or her choice present during all aspects of
27    this examination.  Failure of an individual to  submit  to  a
28    mental  or  physical  examination,  when  directed,  shall be
29    grounds for suspension  of  his  or  her  license  until  the
30    individual  submits  to  the  examination  if  the Department
31    finds, after notice and hearing, that the refusal  to  submit
32    to the examination was without reasonable cause.
33        (b)  If  the  Department  finds  an  individual unable to
SB1323 Enrolled             -10-               LRB9110229ACtm
 1    practice because of the reasons set forth in paragraph 24  of
 2    Section  23,  the  Department  may require that individual to
 3    submit  to  care,  counseling,  or  treatment  by  physicians
 4    approved or designated by  the  Department  as  a  condition,
 5    term,  or  restriction  for continued, reinstated, or renewed
 6    licensure to practice, or in lieu  of  care,  counseling,  or
 7    treatment, the Department may file a complaint to immediately
 8    suspend,  revoke,  or otherwise discipline the license of the
 9    individual.   An  individual  whose  license   was   granted,
10    continued,  reinstated,  renewed,  disciplined, or supervised
11    subject to such terms, conditions, or restrictions,  and  who
12    fails to comply with such terms, conditions, or restrictions,
13    shall  be  referred to the Director for a determination as to
14    whether  the  individual  shall  have  his  or  her   license
15    suspended immediately, pending a hearing by the Department.

16        (225 ILCS 25/25) (from Ch. 111, par. 2325)
17        Sec.    25.     Investigations    Notice    of   hearing;
18    investigations and informal conferences.
19        (a) Upon the motion of either the Department or the Board
20    or upon the verified  complaint  in  writing  of  any  person
21    setting  forth facts which if proven would constitute grounds
22    for refusal, suspension or revocation of license  under  this
23    Act,  the  Board shall investigate the actions of any person,
24    hereinafter called the respondent, who  holds  or  represents
25    that he holds a license. All such motions or complaints shall
26    be brought to the Board.
27        (b)  Prior  to  taking  an  in-person  statement  from  a
28    dentist   or  dental  hygienist  who  is  the  subject  of  a
29    complaint, the investigator shall inform the dentist  or  the
30    dental hygienist in writing:
31             (1)  that  the  dentist  or  dental hygienist is the
32        subject of a complaint; and
33             (2)  that the dentist or dental hygienist  need  not
SB1323 Enrolled             -11-               LRB9110229ACtm
 1        immediately  proceed  with  the  interview  and  may seek
 2        appropriate  consultation  prior  to  consenting  to  the
 3        interview.
 4        A Department investigator's failure to comply  with  this
 5    subsection  may  not  be the sole ground for dismissal of any
 6    order of the Department filed upon a finding of  a  violation
 7    or for dismissal of a pending investigation.
 8        (c)  If  the  Department  concludes  on  the  basis  of a
 9    complaint or  its  initial  investigation  that  there  is  a
10    possible violation of the Act, the Department may:
11             (1)  schedule a hearing pursuant to this Act; or
12             (2)  request  in  writing that the dentist or dental
13        hygienist   being   investigated   attend   an   informal
14        conference with representatives of the Department.
15        The request for an informal conference shall contain  the
16    nature  of  the  alleged actions or inactions that constitute
17    the possible violations.
18        A dentist or dental hygienist shall be  allowed  to  have
19    legal  counsel  at  the informal conference.  If the informal
20    conference results in a consent  order  between  the  accused
21    dentist  or  dental hygienist and the Department, the consent
22    order must  be  approved  by  the  Board  and  the  Director.
23    Participation  in  the  informal  conference  by a dentist, a
24    dental hygienist, or the Department  and  any  admissions  or
25    stipulations  made  by  a dentist, a dental hygienist, or the
26    Department  at  the  informal   conference,   including   any
27    agreements   in   a   consent   order  that  is  subsequently
28    disapproved by either the Board or the Director, shall not be
29    used against the dentist, dental hygienist, or Department  at
30    any  subsequent  hearing  and  shall not become a part of the
31    record of the hearing.
32        (d)  The Director  shall,  before  suspending,  revoking,
33    placing   on   probationary   status,  or  taking  any  other
34    disciplinary action as the  Director  may  deem  proper  with
SB1323 Enrolled             -12-               LRB9110229ACtm
 1    regard to any license, at least 30 days prior to the date set
 2    for  the  hearing,  notify  the  respondent in writing of any
 3    charges made and the time and place  for  a  hearing  of  the
 4    charges  before  the  Board, direct him or her to file his or
 5    her written answer thereto to the Board under oath within  20
 6    days  after  the  service  on  him  or her of such notice and
 7    inform him or her that if he or she fails to file such answer
 8    default will be taken against him  or  her  and  his  or  her
 9    license  may  be  suspended,  revoked, placed on probationary
10    status, or other disciplinary action may be taken with regard
11    thereto, including limiting the scope, nature  or  extent  of
12    his or her practice, as the Director may deem proper.
13        (e)  Such   written   notice   and  any  notice  in  such
14    proceedings thereafter may be served by  delivery  personally
15    to  the respondent, or by registered or certified mail to the
16    address last theretofore specified by the respondent  in  his
17    or her last notification to the Director.
18    (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)

[ Top ]