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91st General Assembly
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Public Act 91-0520

SB287 Enrolled                                 LRB9102305ACtm

    AN ACT to amend  the  Illinois  Dental  Practice  Act  by
changing Sections 24, 37, and 44 and adding Section 38.1.

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

    Section 5.  The Illinois Dental Practice Act  is  amended
by  changing  Sections 24, 37, and 44 and adding Section 38.1
as follows:

    (225 ILCS 25/24) (from Ch. 111, par. 2324)
    Sec. 24.  Refusal, Suspension  or  Revocation  of  Dental
Hygienist  License.   The  Department  may refuse to issue or
renew, may revoke, suspend, place on probation, reprimand  or
take  other  disciplinary  action  as the Department may deem
proper, including fines not to exceed $2,500  per  violation,
with  regard  to  any dental hygienist license for any one or
any combination of the following causes:
    1.  Fraud in procuring license.
    2.  Performing any operation not authorized by this Act.
    3.  Practicing  dental  hygiene  other  than  under   the
supervision of a licensed dentist as provided by this Act.
    4.  The  wilful violation of, or the wilful procuring of,
or knowingly assisting in the violation of, any Act which  is
now or which hereafter may be in force in this State relating
to the use of habit-forming drugs.
    5.  The  obtaining of, or an attempt to obtain a license,
or practice in the profession, or money, or any  other  thing
of value by fraudulent representation.
    6.  Gross   negligence   in   performing   the  operative
procedure of dental hygiene.
    7.  Active practice of  dental  hygiene  while  knowingly
having  any  infectious,  communicable, or contagious disease
proscribed by rule or regulation of the Department.
    8.  Habitual intoxication or  addiction  to  the  use  of
habit-forming drugs.
    9.  Conviction  in  this  or  another  state of any crime
which is a felony under the laws of this State or  conviction
of a felony in a federal court, if the Department determines,
after   investigation,   that   such   person  has  not  been
sufficiently rehabilitated to warrant the public trust.
    10.  Aiding  or  abetting  the  unlicensed  practice   of
dentistry or dental hygiene.
    11.  Discipline by another U.S. jurisdiction or a foreign
nation,  if at least one of the grounds for the discipline is
the same or substantially equivalent to those  set  forth  in
this Act.
    12.  Violating the Health Care Worker Self-Referral Act.
    13.  Violating  the  prohibitions of Section 38.1 of this
Act.
    The provisions of this Act relating  to  proceedings  for
the  suspension  and  revocation  of  a  license  to practice
dentistry shall apply to proceedings for  the  suspension  or
revocation of a license as a dental hygienist.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)

    (225 ILCS 25/37) (from Ch. 111, par. 2337)
    Sec.  37. Unlicensed practice; injunctions.  The practice
of dentistry by any person not holding a valid   and  current
license  under  this  Act  is  declared to be inimical to the
public welfare, to constitute a public nuisance, and to cause
irreparable harm to the public welfare.
    A person is considered to practice dentistry who:
         (1)  employs a dentist, dental hygienist,  or  other
    entity which can provide dental services under this Act;
         (2)  directs  or  controls  the  use  of  any dental
    equipment or material while such equipment or material is
    being used for the provision of dental services, provided
    that this provision shall not be construed to prohibit  a
    person  from  obtaining professional advice or assistance
    in obtaining or from leasing the equipment  or  material,
    provided  the  advice,  assistance,  or  lease  does  not
    restrict  or  interfere with the custody, control, or use
    of the equipment or material by the person;
         (3)  directs,  controls   or   interferes   with   a
    dentist's or dental hygienist's clinical judgment; or
         (4)  exercises  direction  or  control,  by  written
    contract,  license,  or otherwise, over a dentist, dental
    hygienist, or  other  entity  which  can  provide  dental
    services  under  this Act in the selection of a course of
    treatment; limitation of patient  referrals;  content  of
    patient  records;  policies  and  decisions  relating  to
    refunds  (if the refund payment would be reportable under
    federal law to the National Practitioner Data  Bank)  and
    warranties  and  the clinical content of advertising; and
    final  decisions  relating  to   employment   of   dental
    assistants  and  dental  hygienists.  Nothing in this Act
    shall, however, be construed as prohibiting  the  seeking
    or  giving  of advice or assistance with respect to these
    matters.
    The purpose of this Section is to prevent  a  non-dentist
from  influencing  or otherwise interfering with the exercise
of independent professional judgment  by  a  dentist,  dental
hygienist,  or other entity which can provide dental services
under this Act.  Nothing in this Section shall  be  construed
to  prohibit  insurers  and managed care plans from operating
pursuant  to  the  applicable  provisions  of  the   Illinois
Insurance Code under which the entities are licensed.
    The  Director, the Attorney General, the State's attorney
of any county in the State, or any  person  may  maintain  an
action  in  the  name of the People of the State of Illinois,
and may apply for injunctive relief in any circuit  court  to
enjoin  such  person from engaging in such practice; and upon
the filing of a verified petition in such court, the court if
satisfied by affidavit, or otherwise, that  such  person  has
been  engaged  in  such  practice without a valid and current
license so to do, may enter  a  temporary  restraining  order
without  notice  or  bond,  enjoining the defendant from such
further practice.  Only  the  showing  of  non-licensure,  by
affidavit or otherwise, is necessary in order for a temporary
injunction  to issue.  A copy of the verified complaint shall
be served  upon  the  defendant  and  the  proceedings  shall
thereafter  be  conducted  as  in other civil cases except as
modified by this Section.  If  it  is  established  that  the
defendant  has been, or is engaged in such unlawful practice,
the  court  may  enter  an  order  or  judgment   perpetually
enjoining  the  defendant from further such practice.  In all
proceedings hereunder  the  court,  in  its  discretion,  may
apportion  the  costs  among  the  parties  interested in the
action, including cost of filing the  complaint,  service  of
process,  witness  fees  and expenses, court reporter charges
and reasonable attorneys' fees.  In case of violation of  any
injunctive   order  entered  under  the  provisions  of  this
Section, the court may summarily try and punish the  offender
for  contempt of court.  Such injunction proceedings shall be
in addition to, and not in lieu of, all penalties  and  other
remedies provided in this Act.
(Source: P.A. 84-1308.)

    (225 ILCS 25/38.1 new)
    Sec.    38.1.   Prohibition   against   interference   by
non-dentists. The purpose of this Section is to  ensure  that
each  dentist  or  dental  hygienist practicing in this State
meets minimum requirements for safe practice without clinical
interference by persons not licensed under this  Act.  It  is
the  legislative intent that dental services be provided only
in accordance with the provisions of  this  Act  and  not  be
delegated to unlicensed persons.
    Unless  otherwise  authorized  by  this Act, a dentist or
dental hygienist is prohibited from providing dental services
in this State, if the dentist or dental hygienist:
         (1)  is employed by any person other than a  dentist
    to provide dental services; or
         (2)  allows any person other than another dentist to
    direct,  control,  or  interfere  with  the  dentist's or
    dental hygienist's clinical judgment.  Clinical  judgment
    shall  include  but not be limited to such matters as the
    dentist's or dental hygienist's selection of a course  of
    treatment,  limitation  of  patient referrals, content of
    patient  records,  policies  and  decisions  relating  to
    refunds (if the refund payment would be reportable  under
    federal  law  to the National Practitioner Data Bank) and
    warranties and the clinical content of  advertising,  and
    final   decisions   relating   to  employment  of  dental
    assistants and dental hygienists.  This  paragraph  shall
    not  be  construed to limit a patient's right of informed
    consent.

    (225 ILCS 25/44) (from Ch. 111, par. 2344)
    Sec.   44.    Practice   by   Corporations    Prohibited.
Exceptions.   No  corporation  shall  practice  dentistry  or
engage  therein,  or  hold  itself  out  as being entitled to
practice dentistry, or furnish dental services  or  dentists,
or  advertise  under or assume the title of dentist or dental
surgeon or equivalent title, or furnish dental advice for any
compensation, or advertise or hold itself out with any  other
person  or  alone, that it has or owns a dental office or can
furnish  dental  service  or  dentists,  or  solicit  through
itself, or its  agents,  officers,  employees,  directors  or
trustees,  dental  patronage  for any dentist employed by any
corporation.
    Nothing contained in this Act, however, shall:
         (a)  prohibit a corporation from employing a dentist
    or dentists to render dental services to  its  employees,
    provided  that  such dental services shall be rendered at
    no cost or charge to the employees;
         (b)  prohibit  a  corporation  or  association  from
    providing dental services upon a wholly charitable  basis
    to deserving recipients;
         (c)  prohibit  a  corporation  or  association  from
    furnishing  information or clerical services which can be
    furnished by persons not licensed to practice  dentistry,
    to   any   dentist   when   such   dentist  assumes  full
    responsibility for such information or services;
         (d)  prohibit dental corporations as  authorized  by
    the   Professional   Service   Corporation   Act,  dental
    associations   as   authorized   by   the    Professional
    Association Act, or dental limited liability companies as
    authorized by the Limited Liability Company Act;
         (e)  prohibit  dental limited liability partnerships
    as authorized by the Uniform Partnership Act;.
         (f)  prohibit  hospitals,  public  health   clinics,
    federally  qualified  health  centers,  or other entities
    specified by rule of the Department from providing dental
    services; or
         (g)  prohibit     dental     management      service
    organizations   from   providing   non-clinical  business
    services that do not violate the provisions of this Act.
    Any corporation violating the provisions of this  Section
is guilty of a Class A misdemeanor and each day that this Act
is violated shall be considered a separate offense.
(Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)

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