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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1323eng SB1323 Engrossed 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 Engrossed -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 Engrossed -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 13dentistrywith 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 Engrossed -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;and17 (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 Engrossed -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 Engrossed -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 Engrossed -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 careor mental incompetency as declared by a26court 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 Engrossed -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 Engrossed -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 Engrossed -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.InvestigationsNotice 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 Engrossed -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 Engrossed -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.)