SB1602 EngrossedLRB097 02876 CEL 42900 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 16, 16.1, 17, 18, and 50 as follows:
 
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 4. Definitions. As used in this Act:
9    (a) "Department" means the Illinois Department of
10Professional Regulation.
11    (b) "Director" means the Director of Professional
12Regulation.
13    (c) "Board" means the Board of Dentistry established by
14Section 6 of this Act.
15    (d) "Dentist" means a person who has received a general
16license pursuant to paragraph (a) of Section 11 of this Act and
17who may perform any intraoral and extraoral procedure required
18in the practice of dentistry and to whom is reserved the
19responsibilities specified in Section 17.
20    (e) "Dental hygienist" means a person who holds a license
21under this Act to perform dental services as authorized by
22Section 18.
23    (f) "Dental assistant" means an appropriately trained

 

 

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1person who, under the supervision of a dentist, provides dental
2services as authorized by Section 17.
3    (g) "Dental laboratory" means a person, firm or corporation
4which:
5        (i) engages in making, providing, repairing or
6    altering dental prosthetic appliances and other artificial
7    materials and devices which are returned to a dentist for
8    insertion into the human oral cavity or which come in
9    contact with its adjacent structures and tissues; and
10        (ii) utilizes or employs a dental technician to provide
11    such services; and
12        (iii) performs such functions only for a dentist or
13    dentists.
14    (h) "Supervision" means supervision of a dental hygienist
15or a dental assistant requiring that a dentist authorize the
16procedure, remain in the dental facility while the procedure is
17performed, and approve the work performed by the dental
18hygienist or dental assistant before dismissal of the patient,
19but does not mean that the dentist must be present at all times
20in the treatment room.
21    (i) "General supervision" means supervision of a dental
22hygienist requiring that the patient be a patient of record,
23that the dentist examine the patient in accordance with Section
2418 prior to treatment by the dental hygienist, and that the
25dentist authorize the procedures which are being carried out by
26a notation in the patient's record, but not requiring that a

 

 

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1dentist be present when the authorized procedures are being
2performed. The issuance of a prescription to a dental
3laboratory by a dentist does not constitute general
4supervision.
5    (j) "Public member" means a person who is not a health
6professional. For purposes of board membership, any person with
7a significant financial interest in a health service or
8profession is not a public member.
9    (k) "Dentistry" means the healing art which is concerned
10with the examination, diagnosis, treatment planning and care of
11conditions within the human oral cavity and its adjacent
12tissues and structures, as further specified in Section 17.
13    (l) "Branches of dentistry" means the various specialties
14of dentistry which, for purposes of this Act, shall be limited
15to the following: endodontics, oral and maxillofacial surgery,
16orthodontics and dentofacial orthopedics, pediatric dentistry,
17periodontics, prosthodontics, and oral and maxillofacial
18radiology.
19    (m) "Specialist" means a dentist who has received a
20specialty license pursuant to Section 11(b).
21    (n) "Dental technician" means a person who owns, operates
22or is employed by a dental laboratory and engages in making,
23providing, repairing or altering dental prosthetic appliances
24and other artificial materials and devices which are returned
25to a dentist for insertion into the human oral cavity or which
26come in contact with its adjacent structures and tissues.

 

 

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1    (o) "Impaired dentist" or "impaired dental hygienist"
2means a dentist or dental hygienist who is unable to practice
3with reasonable skill and safety because of a physical or
4mental disability as evidenced by a written determination or
5written consent based on clinical evidence, including
6deterioration through the aging process, loss of motor skills,
7abuse of drugs or alcohol, or a psychiatric disorder, of
8sufficient degree to diminish the person's ability to deliver
9competent patient care.
10    (p) "Nurse" means a registered professional nurse, a
11certified registered nurse anesthetist licensed as an advanced
12practice nurse, or a licensed practical nurse licensed under
13the Nurse Practice Act.
14    (q) "Patient of record" means a patient for whom the
15patient's most recent dentist has obtained a relevant medical
16and dental history and on whom the dentist has performed an
17examination and evaluated the condition to be treated.
18    (r) "Dental emergency responder" means a dentist or dental
19hygienist who is appropriately certified in emergency medical
20response, as defined by the Department of Public Health.
21    (s) "Mobile dental van or portable dental unit" means any
22self-contained or portable dental unit in which dentistry is
23practiced that can be moved, towed, or transported from one
24location to another in order to establish a location where
25dental services can be provided.
26(Source: P.A. 94-409, eff. 12-31-05; 95-639, eff. 10-5-07.)
 

 

 

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1    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 16. Expiration, renewal and restoration of licenses.
4The expiration date and renewal date for each license issued
5under this Act shall be set by rule. The renewal period for
6each license issued under this Act shall be 3 years. A dentist
7or dental hygienist may renew a license during the month
8preceding its expiration date by paying the required fee. A
9dentist or dental hygienist shall provide proof of current
10Basic Life Support (BLS) cardiopulmonary resuscitation
11certification by an organization that has adopted the American
12Heart Association's guidelines on BLS intended for health care
13providers at the time of renewal. Basic Life Support
14Cardiopulmonary resuscitation certification training taken as
15a requirement of this Section shall be counted for no more than
164 hours during each licensure period towards the continuing
17education hours under Section 16.1 of this Act. The Department
18shall provide by rule for exemptions from this requirement for
19a dentist or dental hygienist with a physical disability that
20would preclude him or her from performing BLS.
21    Any dentist or dental hygienist whose license has expired
22or whose license is on inactive status may have his license
23restored at any time within 5 years after the expiration
24thereof, upon payment of the required fee and a showing of
25proof of compliance with current continuing education

 

 

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1requirements, as provided by rule.
2    Any person whose license has been expired for more than 5
3years or who has had his license on inactive status for more
4than 5 years may have his license restored by making
5application to the Department and filing proof acceptable to
6the Department of taking continuing education and of his
7fitness to have the license restored, including sworn evidence
8certifying to active practice in another jurisdiction, and by
9paying the required restoration fee. A person practicing on an
10expired license is deemed to be practicing without a license.
11However, a holder of a license may renew the license within 90
12days after its expiration by complying with the requirements
13for renewal and payment of an additional fee. A license renewal
14within 90 days after expiration shall be effective
15retroactively to the expiration date.
16    If a person whose license has expired or who has had his
17license on inactive status for more than 5 years has not
18maintained an active practice satisfactory to the department,
19the Department shall determine, by an evaluation process
20established by rule, his or her fitness to resume active status
21and may require the person to complete a period of evaluated
22clinical experience and may require successful completion of a
23practical examination.
24    However, any person whose license has expired while he has
25been engaged (1) in federal or state service active duty, or
26(2) in training or education under the supervision of the

 

 

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1United States preliminary to induction into the military
2service, may have his license restored without paying any
3lapsed renewal or restoration fee, if within 2 years after
4termination of such service, training or education other than
5by dishonorable discharge, he furnishes the Department with
6satisfactory proof that he has been so engaged and that his
7service, training or education has been so terminated.
8(Source: P.A. 96-617, eff. 8-24-09.)
 
9    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 16.1. Continuing education. The Department shall
12promulgate rules of continuing education for persons licensed
13under this Act. In establishing rules, the Department shall
14require a minimum of 48 hours of study in approved courses for
15dentists during each 3-year licensing period and a minimum of
1636 hours of study in approved courses for dental hygienists
17during each 3-year licensing period.
18    The Department shall approve only courses that are relevant
19to the treatment and care of patients, including, but not
20limited to, clinical courses in dentistry and dental hygiene
21and nonclinical courses such as patient management, legal and
22ethical responsibilities, and stress management. The
23Department shall allow up to 4 hours of continuing education
24credit hours per license renewal period for volunteer hours
25spent providing clinical services at, or sponsored by, a

 

 

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1nonprofit community clinic, local or state health department,
2or a charity event. Courses shall not be approved in such
3subjects as estate and financial planning, investments, or
4personal health. Approved courses may include, but shall not be
5limited to, courses that are offered or sponsored by approved
6colleges, universities, and hospitals and by recognized
7national, State, and local dental and dental hygiene
8organizations.
9    No license shall be renewed unless the renewal application
10is accompanied by an affidavit indicating that the applicant
11has completed the required minimum number of hours of
12continuing education in approved courses as required by this
13Section. The affidavit shall not require a listing of courses.
14The affidavit shall be a prima facie evidence that the
15applicant has obtained the minimum number of required
16continuing education hours in approved courses. The Department
17shall not be obligated to conduct random audits or otherwise
18independently verify that an applicant has met the continuing
19education requirement. The Department, however, may not
20conduct random audits of more than 10% of the licensed dentists
21and dental hygienists in any one licensing cycle to verify
22compliance with continuing education requirements. If the
23Department, however, receives a complaint that a licensee has
24not completed the required continuing education or if the
25Department is investigating another alleged violation of this
26Act by a licensee, the Department may demand and shall be

 

 

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1entitled to receive evidence from any licensee of completion of
2required continuing education courses for the most recently
3completed 3-year licensing period. Evidence of continuing
4education may include, but is not limited to, canceled checks,
5official verification forms of attendance, and continuing
6education recording forms, that demonstrate a reasonable
7record of attendance. The Illinois State Board of Dentistry
8shall determine, in accordance with rules adopted by the
9Department, whether a licensee or applicant has met the
10continuing education requirements. Any dentist who holds more
11than one license under this Act shall be required to complete
12only the minimum number of hours of continuing education
13required for renewal of a single license. The Department may
14provide exemptions from continuing education requirements. The
15exemptions shall include, but shall not be limited to, dentists
16and dental hygienists who agree not to practice within the
17State during the licensing period because they are retired from
18practice.
19(Source: P.A. 94-409, eff. 12-31-05.)
 
20    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 17. Acts Constituting the Practice of Dentistry. A
23person practices dentistry, within the meaning of this Act:
24        (1) Who represents himself as being able to diagnose or
25    diagnoses, treats, prescribes, or operates for any

 

 

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1    disease, pain, deformity, deficiency, injury, or physical
2    condition of the human tooth, teeth, alveolar process, gums
3    or jaw; or
4        (2) Who is a manager, proprietor, operator or conductor
5    of a business where dental operations are performed; or
6        (3) Who performs dental operations of any kind; or
7        (4) Who uses an X-Ray machine or X-Ray films for dental
8    diagnostic purposes; or
9        (5) Who extracts a human tooth or teeth, or corrects or
10    attempts to correct malpositions of the human teeth or
11    jaws; or
12        (6) Who offers or undertakes, by any means or method,
13    to diagnose, treat or remove stains, calculus, and bonding
14    materials from human teeth or jaws; or
15        (7) Who uses or administers local or general
16    anesthetics in the treatment of dental or oral diseases or
17    in any preparation incident to a dental operation of any
18    kind or character; or
19        (8) Who takes impressions of the human tooth, teeth, or
20    jaws or performs any phase of any operation incident to the
21    replacement of a part of a tooth, a tooth, teeth or
22    associated tissues by means of a filling, crown, a bridge,
23    a denture or other appliance; or
24        (9) Who offers to furnish, supply, construct,
25    reproduce or repair, or who furnishes, supplies,
26    constructs, reproduces or repairs, prosthetic dentures,

 

 

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1    bridges or other substitutes for natural teeth, to the user
2    or prospective user thereof; or
3        (10) Who instructs students on clinical matters or
4    performs any clinical operation included in the curricula
5    of recognized dental schools and colleges; or
6        (11) Who takes impressions of human teeth or places his
7    or her hands in the mouth of any person for the purpose of
8    applying teeth whitening materials, or who takes
9    impressions of human teeth or places his or her hands in
10    the mouth of any person for the purpose of assisting in the
11    application of teeth whitening materials. A person does not
12    practice dentistry when he or she discloses to the consumer
13    that he or she is not licensed as a dentist under this Act
14    and (i) discusses the use of teeth whitening materials with
15    a consumer purchasing these materials; (ii) provides
16    instruction on the use of teeth whitening materials with a
17    consumer purchasing these materials; or (iii) provides
18    appropriate equipment on-site to the consumer for the
19    consumer to self-apply teeth whitening materials.
20    The fact that any person engages in or performs, or offers
21to engage in or perform, any of the practices, acts, or
22operations set forth in this Section, shall be prima facie
23evidence that such person is engaged in the practice of
24dentistry.
25    The following practices, acts, and operations, however,
26are exempt from the operation of this Act:

 

 

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1        (a) The rendering of dental relief in emergency cases
2    in the practice of his or her profession by a physician or
3    surgeon, licensed as such under the laws of this State,
4    unless he undertakes to reproduce or reproduces lost parts
5    of the human teeth in the mouth or to restore or replace
6    lost or missing teeth in the mouth; or
7        (b) The practice of dentistry in the discharge of their
8    official duties by dentists in any branch of the Armed
9    Services of the United States, the United States Public
10    Health Service, or the United States Veterans
11    Administration; or
12        (c) The practice of dentistry by students in their
13    course of study in dental schools or colleges approved by
14    the Department, when acting under the direction and
15    supervision of dentists acting as instructors; or
16        (d) The practice of dentistry by clinical instructors
17    in the course of their teaching duties in dental schools or
18    colleges approved by the Department:
19            (i) when acting under the direction and
20        supervision of dentists, provided that such clinical
21        instructors have instructed continuously in this State
22        since January 1, 1986; or
23            (ii) when holding the rank of full professor at
24        such approved dental school or college and possessing a
25        current valid license or authorization to practice
26        dentistry in another country; or

 

 

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1        (e) The practice of dentistry by licensed dentists of
2    other states or countries at meetings of the Illinois State
3    Dental Society or component parts thereof, alumni meetings
4    of dental colleges, or any other like dental organizations,
5    while appearing as clinicians; or
6        (f) The use of X-Ray machines for exposing X-Ray films
7    of dental or oral tissues by dental hygienists or dental
8    assistants; or
9        (g) The performance of any dental service by a dental
10    assistant, if such service is performed under the
11    supervision and full responsibility of a dentist.
12        For purposes of this paragraph (g), "dental service" is
13    defined to mean any intraoral procedure or act which shall
14    be prescribed by rule or regulation of the Department.
15    Dental service, however, shall not include:
16            (1) Any and all diagnosis of or prescription for
17        treatment of disease, pain, deformity, deficiency,
18        injury or physical condition of the human teeth or
19        jaws, or adjacent structures.
20            (2) Removal of, or restoration of, or addition to
21        the hard or soft tissues of the oral cavity, except for
22        the placing, carving, and finishing of amalgam
23        restorations by dental assistants who have had
24        additional formal education and certification as
25        determined by the Department.
26            (3) Any and all correction of malformation of teeth

 

 

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1        or of the jaws.
2            (4) Administration of anesthetics, except for
3        application of topical anesthetics and monitoring of
4        nitrous oxide. Monitoring of nitrous oxide may be
5        performed after successful completion of a training
6        program approved by the Department.
7            (5) Removal of calculus from human teeth.
8            (6) Taking of impressions for the fabrication of
9        prosthetic appliances, crowns, bridges, inlays,
10        onlays, or other restorative or replacement dentistry.
11            (7) The operative procedure of dental hygiene
12        consisting of oral prophylactic procedures, except for
13        coronal polishing, which may be performed by a dental
14        assistant who has successfully completed a training
15        program approved by the Department. Dental assistants
16        may perform coronal polishing under the following
17        circumstances: (i) the coronal polishing shall be
18        limited to polishing the clinical crown of the tooth
19        and existing restorations, supragingivally; (ii) the
20        dental assistant performing the coronal polishing
21        shall be limited to the use of rotary instruments using
22        a rubber cup or brush polishing method (air polishing
23        is not permitted); and (iii) the supervising dentist
24        shall not supervise more than 4 dental assistants at
25        any one time for the task of coronal polishing.
26        (h) The practice of dentistry by an individual who:

 

 

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1            (i) has applied in writing to the Department, in
2        form and substance satisfactory to the Department, for
3        a general dental license and has complied with all
4        provisions of Section 9 of this Act, except for the
5        passage of the examination specified in subsection
6        (e), of Section 9, of this Act; or
7            (ii) has applied in writing to the Department, in
8        form and substance satisfactory to the Department, for
9        a temporary dental license and has complied with all
10        provisions of subsection (c), of Section 11, of this
11        Act; and
12            (iii) has been accepted or appointed for specialty
13        or residency training by a hospital situated in this
14        State; or
15            (iv) has been accepted or appointed for specialty
16        training in an approved dental program situated in this
17        State; or
18            (v) has been accepted or appointed for specialty
19        training in a dental public health agency situated in
20        this State.
21        The applicant shall be permitted to practice dentistry
22    for a period of 3 months from the starting date of the
23    program, unless authorized in writing by the Department to
24    continue such practice for a period specified in writing by
25    the Department.
26        The applicant shall only be entitled to perform such

 

 

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1    acts as may be prescribed by and incidental to their
2    program of residency or specialty training and shall not
3    otherwise engage in the practice of dentistry in this
4    State.
5        The authority to practice shall terminate immediately
6    upon:
7            (1) the decision of the Department that the
8        applicant has failed the examination; or
9            (2) denial of licensure by the Department; or
10            (3) withdrawal of the application.
11(Source: P.A. 96-617, eff. 8-24-09.)
 
12    (225 ILCS 25/18)   (from Ch. 111, par. 2318)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 18. Acts constituting the practice of dental hygiene;
15limitations.
16    (a) A person practices dental hygiene within the meaning of
17this Act when he or she performs the following acts under the
18supervision of a dentist:
19            (i) the operative procedure of dental hygiene,
20        consisting of oral prophylactic procedures;
21            (ii) the exposure and processing of X-Ray films of
22        the teeth and surrounding structures;
23            (iii) the application to the surfaces of the teeth
24        or gums of chemical compounds designed to be
25        desensitizing agents or effective agents in the

 

 

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1        prevention of dental caries or periodontal disease;
2            (iv) all services which may be performed by a
3        dental assistant as specified by rule pursuant to
4        Section 17, and a dental hygienist may engage in the
5        placing, carving, and finishing of amalgam
6        restorations only after obtaining formal education and
7        certification as determined by the Department;
8            (v) administration and monitoring of nitrous oxide
9        upon successful completion of a training program
10        approved by the Department;
11            (vi) administration of local anesthetics upon
12        successful completion of a training program approved
13        by the Department; and
14            (vii) such other procedures and acts as shall be
15        prescribed by rule or regulation of the Department.
16    (b) A dental hygienist may be employed or engaged only:
17        (1) by a dentist;
18        (2) by a federal, State, county, or municipal agency or
19    institution;
20        (3) by a public or private school; or
21        (4) by a public clinic operating under the direction of
22    a hospital or federal, State, county, municipal, or other
23    public agency or institution.
24    (c) When employed or engaged in the office of a dentist, a
25dental hygienist may perform, under general supervision, those
26procedures found in items (i) through (iv) of subsection (a) of

 

 

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1this Section, provided the patient has been examined by the
2dentist within one year of the provision of dental hygiene
3services, the dentist has approved the dental hygiene services
4by a notation in the patient's record and the patient has been
5notified that the dentist may be out of the office during the
6provision of dental hygiene services.
7    (d) If a patient of record is unable to travel to a dental
8office because of illness, infirmity, or imprisonment, a dental
9hygienist may perform, under the general supervision of a
10dentist, those procedures found in items (i) through (iv) of
11subsection (a) of this Section, provided the patient is located
12in a long-term care facility licensed by the State of Illinois,
13a mental health or developmental disability facility, or a
14State or federal prison. The dentist shall personally examine
15and diagnose the patient and determine which services are
16necessary to be performed, which shall be contained in an order
17to the hygienist and a notation in the patient's record. Such
18order must be implemented within 120 days of its issuance, and
19an updated medical history and observation of oral conditions
20must be performed by the hygienist immediately prior to
21beginning the procedures to ensure that the patient's health
22has not changed in any manner to warrant a reexamination by the
23dentist.
24    (e) School-based oral health care, consisting of and
25limited to oral prophylactic procedures, sealants, and
26fluoride treatments, may be provided by a dental hygienist

 

 

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1under the general supervision of a dentist. A dental hygienist
2may not provide other dental hygiene treatment in a
3school-based setting, including but not limited to
4administration or monitoring of nitrous oxide or
5administration of local anesthetics. The school-based
6procedures may be performed provided the patient is located at
7a public or private school and the program is being conducted
8by a State, county or local public health department initiative
9or in conjunction with a dental school or dental hygiene
10program. The dentist shall personally examine and diagnose the
11patient and determine which services are necessary to be
12performed, which shall be contained in an order to the
13hygienist and a notation in the patient's record. Any such
14order for sealants must be implemented within 120 days after
15its issuance. Any such order for oral prophylactic procedures
16or fluoride treatments must be implemented within 180 days
17after its issuance. An updated medical history and observation
18of oral conditions must be performed by the hygienist
19immediately prior to beginning the procedures to ensure that
20the patient's health has not changed in any manner to warrant a
21reexamination by the dentist.
22    (f) Without the supervision of a dentist, a dental
23hygienist may perform dental health education functions and may
24record case histories and oral conditions observed.
25    (g) The number of dental hygienists practicing in a dental
26office shall not exceed, at any one time, 4 times the number of

 

 

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1dentists practicing in the office at the time.
2(Source: P.A. 93-113, eff. 1-1-04; 93-821, eff. 7-28-04.)
 
3    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 50. Patient Records. Every dentist shall make a record
6of all dental work performed for each patient. The record shall
7be made in a manner and in sufficient detail that it may be
8used for identification purposes.
9    Dental records required by this Section shall be maintained
10for 10 years. Dental records required to be maintained under
11this Section, or copies of those dental records, shall be made
12available upon request to the patient or the patient's
13guardian. A dentist shall be entitled to reasonable
14reimbursement for the cost of reproducing these records, which
15shall not exceed the cost allowed under Section 8-2003 of the
16Code of Civil Procedure. A dentist providing services through a
17mobile dental van or portable dental unit shall provide to the
18patient or the patient's parent or guardian, in writing, the
19dentist's name, license number, address, and information on how
20the patient or the patient's parent or guardian may obtain the
21patient's dental records, as provided by law.
22(Source: P.A. 94-409, eff. 12-31-05.)
 
23    Section 99. Effective date. This Act takes effect January
241, 2012.