HB0690ham002 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 4/22/2021

10200HB0690ham002 LRB102 11795 SPS 25771 a

AMENDMENT TO HOUSE BILL 690

AMENDMENT NO. ______. Amend House Bill 690 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Dental Practice Act is amended by changing Section 19.2 and by adding Section 19.3 as follows:

(225 ILCS 25/19.2)

(Section scheduled to be repealed on January 1, 2026)

Sec. 19.2. Temporary permit for free dental care.

(a) The Department may issue a temporary permit authorizing the practice in this State, without compensation, of dentistry or dental hygiene to an applicant who is licensed to practice dentistry or dental hygiene in another state, if all of the following apply:

(1) The Department determines that the applicant's services will improve the welfare of Illinois residents.

(2) The Department determines that the applicant is qualified and satisfies the criteria specified under Sections 9 and 13 of this Act, except for the examination requirement.

(b) The Department may not require the applicant to pass an examination as provided in subsection (e) of Section 9 of this Act in order to receive a temporary permit under this Section.

(c) A temporary permit under this Section shall authorize the practice of dentistry or dental hygiene in a specified area of the State for a period of time not to exceed 5 10 consecutive days in a year and may be renewed by the Department. The Department may require an applicant to pay a fee for the issuance or renewal of a permit under this Section.

(d) The Secretary may summarily terminate any permit issued pursuant to this Section, without a hearing, if the Secretary finds that evidence in his or her possession indicates that an individual permit holder's continuation in practice would constitute an imminent danger to the public. In the event that the Secretary summarily suspends a permit issued pursuant to this Section, the permit holder may petition the Department for a hearing in accordance with the provisions of this Act to reinstate his or her permit.

In addition to terminating any permit issued pursuant to this Section, the Department may issue a monetary penalty not to exceed $1,000 upon the permit holder and may notify any state in which the permit holder has been issued a license that his or her Illinois permit has been terminated and the reasons for the termination. The monetary penalty shall be paid within 60 days after the effective date of the order imposing the penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. It is the intent of the General Assembly that a permit issued pursuant to this Section shall be considered a privilege and not a property right.

(Source: P.A. 96-1222, eff. 7-23-10.)

(225 ILCS 25/19.3 new)

Sec. 19.3. Temporary visiting dentist permit.

(a) The Department may, in its discretion, issue a temporary visiting dentist permit, without examination, provided that the person has graduated from a college or school accredited by the American Dental Association's Commission on Dental Accreditation and is in good standing in his or her native licensing jurisdiction during the period of the temporary visiting permit and can furnish to the Department a certified letter upon request from that jurisdiction attesting to the fact that the visiting dentist has no pending action or violations against his or her license.

(b) Applicants for a temporary visiting dentist permit shall be limited to those attending a dental school, a state or national dental professional association or society conference or meeting, a hospital licensed under the Hospital Licensing Act, a hospital organized under the University of Illinois Hospital Act, a facility operated pursuant to the Ambulatory Surgical Treatment Center Act; or to attend a training course sponsored by a continuing education provider who has approval to provide continuing education in the State of Illinois and is in compliance with the provisions of the Dental Care Patient Protection Act.

(c) The temporary visiting dentist permit shall only permit the holder to practice dentistry: (i) within the scope of the dental studies; (ii) in conjunction with the state or national dental professional association or society conference or meeting; or (iii) in conjunction with a continuing education program approved by the Department, for which the holder is attending.

(d) The holder of a temporary visiting dentist permit may not administer conscious sedation, deep sedation, or general anesthesia. Each patient who seeks treatment from a temporary visiting dentist must sign a consent form acknowledging that the care the patient will receive will be provided by a dentist not licensed in the State of Illinois and that the dentist who has the collaborative agreement with the temporary visiting dentist will be responsible for all the follow-up care associated with the treatment rendered to the patient.

(e) A valid written collaborative agreement must exist between the temporary visiting dentist and the Illinois licensed dentist co-treating patients under this Section. The collaborative agreement must include a description of the care to be provided and procedures to be performed by the temporary visiting dentist. A copy of this agreement shall become part of the patient's dental record and shall be made available upon request to the Department. All follow-up care for any patients treated by a dentist holding a temporary visiting dentist permit shall be provided by an Illinois-licensed dentist.

(f) A visiting dentist granted a temporary permit under this Section shall only be allowed to treat patients who are eligible for Medicaid or who are uninsured and whose household income in no greater than 200% of the federal poverty level as attested to by the patient.

(g) An application for the temporary visiting dentist permit shall be made to the Department, in writing, on forms prescribed by the Department, and shall be accompanied by a nonrefundable fee provided for in Section 19.2. The application shall require information that will enable the Department to determine the qualifications of the applicant and the necessity for the granting of a temporary visiting dentist permit.

(h) The temporary visiting dentist permit shall be valid for 6 months after the date of issuance. A temporary visiting dentist can provide clinical services for no more than 5 days per year.

(i) The Secretary may summarily terminate any permit issued pursuant to this Section, without a hearing, if the Secretary finds that evidence in his or her possession indicates that an individual permit holder's continuation in practice would constitute an imminent danger to the public. If the Secretary summarily suspends a permit issued pursuant to this Section, the permit holder may petition the Department for a hearing in accordance with the provisions of this Act to reinstate his or her permit.

(j) In addition to terminating any permit issued pursuant to this Section, the Department may issue a monetary penalty not to exceed $1,000 upon the permit holder and may notify any state in which the permit holder has been issued a license that his or her Illinois permit has been terminated and the reasons for the termination. The monetary penalty shall be paid within 60 days after the effective date of the order imposing the penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. It is the intent of the General Assembly that a permit issued pursuant to this Section shall be considered a privilege and not a property right.

Section 10. The Good Samaritan Act is amended by changing Section 20 as follows:

(745 ILCS 49/20)

Sec. 20. Free dental clinic; exemption from civil liability for services performed without compensation.

(a) Any person licensed under the Illinois Dental Practice Act to practice dentistry or to practice as a dental hygienist who, in good faith, provides dental treatment, dental services, diagnoses, or advice as part of the services of an established free dental clinic providing care to medically indigent patients which is limited to care which does not require the services of a licensed hospital or ambulatory surgical treatment center, and who receives no fee or compensation from that source shall not, as a result of any acts or omissions, except for willful or wanton misconduct on the part of the licensee, in providing dental treatment, dental services, diagnoses or advice, be liable for civil damages. For purposes of this Section, a "free dental clinic" is an organized program providing, without charge, dental care to individuals unable to pay for their care. For purposes of this Section, an "organized program" is a program sponsored by a community, public health, charitable, voluntary, or organized dental organization. Free dental services provided under this Section may be provided at a clinic or private dental office. A free dental clinic may receive reimbursement from the Department of Healthcare and Family Services or may receive partial reimbursement from a patient based upon ability to pay, provided any such reimbursements shall be used only to pay overhead expenses of operating the free dental clinic and may not be used, in whole or in part, to provide a fee, reimbursement, or other compensation to any person licensed under the Illinois Dental Practice Act who is receiving an exemption under this Section or to any entity that the person owns or controls or in which the person has an ownership interest or from which the person receives a fee, reimbursement, or compensation of any kind. Dental care shall not include the use of general anesthesia or require an overnight stay in a health care facility.

(b) A dentist who administers vaccinations as provided in Section 54.3 of the Illinois Dental Practice Act at a public health clinic operated pursuant to the Public Health District Act, without charge to the patient or the receipt of a fee or compensation from that clinic or for that service in any way, shall not be liable for civil damages as a result of his or her acts or omissions in providing vaccinations, except for willful or wanton misconduct.

(c) The provisions of this Section shall not apply in any case unless the free dental clinic or public health clinic has posted in a conspicuous place on its premises an explanation of the immunity from civil liability provided in this Section.

(c-5) The provisions of this Section do not apply to a dentist issued a temporary visiting dentist permit pursuant to Section 19.3 of the Illinois Dental Practice Act.

(d) The changes to this Section made by this amendatory Act of the 99th General Assembly apply only to causes of action accruing on or after the effective date of this amendatory Act of the 99th General Assembly.

(Source: P.A. 99-92, eff. 1-1-16.)".