HB0690 EngrossedLRB102 11795 SPS 17130 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 Section 19.2 as follows:
6    (225 ILCS 25/19.2)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 19.2. Temporary permit for free dental care.
9    (a) Upon Board recommendation, the The Department may
10issue a temporary permit authorizing the practice in this
11State, without compensation, of dentistry or dental hygiene to
12an applicant who is licensed to practice dentistry or dental
13hygiene in another state, if all of the following apply:
14        (1) the The Department determines that the applicant's
15    services will improve the welfare of Illinois residents
16    who are eligible for Medicaid or who are uninsured and
17    whose household income is not greater than 200% of the
18    federal poverty level; .
19        (2) the applicant has graduated from a dental program
20    approved by the American Dental Association's Commission
21    on Dental Accreditation and maintains an equivalent
22    authorization to practice dentistry in good standing in
23    his or her native licensing jurisdiction during the period



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1    of the temporary visiting dentist permit and can furnish
2    the Department a certified letter upon request from that
3    jurisdiction attesting to the fact that the applicant has
4    no pending action or violations against his or her
5    license; The Department determines that the applicant is
6    qualified and satisfies the criteria specified under
7    Sections 9 and 13 of this Act, except for the examination
8    requirement.
9        (3) the applicant has received an invitation to
10    perform dental care by a charitable organization or has
11    received an invitation to study or receive training on
12    specific dental or clinical subjects or techniques by a
13    licensed continuing education sponsor who is approved by
14    the Department to provide clinical training in the State
15    of Illinois on patients for the welfare of Illinois
16    residents pursuant to subsection (a-5) and is in
17    compliance with the provisions of this Act;
18        (4) the applicant will be working pursuant to a
19    collaborative agreement with and under the direct
20    supervision of an Illinois licensed dentist, who is in
21    good standing, during the duration of the program. The
22    supervising dentist must be physically present during all
23    clinical training courses; and
24        (5) payment of a fee established by rule.
25    The Department may adopt rules to implement this



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1    (a-5) Upon Board recommendation, after the filing of an
2application, the Department may allow approved continuing
3education sponsors to be licensed to provide live patient
4continuing education clinical training courses if the
5following requirements are met:
6        (1) the continuing education course provides services,
7    without compensation, that will improve the welfare of
8    Illinois residents as described in paragraph (1) of
9    subsection (a). The application to the Board must include
10    the following information for review and approval by the
11    Department:
12            (i) a plan of follow-up care and training models;
13            (ii) any and all documentation to be signed by the
14        patients, including, but not limited to, waivers,
15        consent forms, and releases;
16            (iii) information related to the facilities being
17        utilized, staffing plans, and emergency plans;
18            (iv) the process by which patients will be
19        contacted before, during, and after treatment;
20            (v) the intended population that will be receiving
21        treatment; and
22            (vi) proof of valid malpractice insurance for the
23        approved continuing education sponsor that extends
24        coverage to clinical staff, trainees, and out-of-state
25        permit holders that meet the requirements of
26        subsection (a);



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1        (2) a valid written collaborative agreement must exist
2    between the temporary visiting dentist and the Illinois
3    licensed dentist co-treating patients under this Section.
4    The collaborative agreement must include a description of
5    the care to be provided and procedures to be performed by
6    the temporary visiting dentist. There shall be no more
7    than 5 trainees per supervising dentist. A copy of this
8    agreement shall become part of the patient's dental record
9    and shall be made available upon request to the
10    Department; and
11        (3) payment of a fee established by rule.
12    A continuing education sponsor license issued under this
13Section shall be valid for a period of time as provided by
15    The Department shall adopt rules to implement this
17    (b) (Blank). The Department may not require the applicant
18to pass an examination as provided in subsection (e) of
19Section 9 of this Act in order to receive a temporary permit
20under this Section.
21    (c) A temporary permit shall be valid for no longer than 5
22consecutive clinical days within 6 months from the date of
23issuance. The temporary permit may be issued once per year to a
24visiting dentist. Temporary permits under subsection (a) may
25be restored no more than one time within 5 years of the initial
26permits issuance. A temporary permit under this Section shall



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1authorize the practice of dentistry or dental hygiene in a
2specified area of the State for a period of time not to exceed
310 consecutive days in a year and may be renewed by the
4Department. The Department may require an applicant to pay a
5fee for the issuance or restoration renewal of a permit under
6this Section.
7    (d) (Blank). The Secretary may summarily terminate any
8permit issued pursuant to this Section, without a hearing, if
9the Secretary finds that evidence in his or her possession
10indicates that an individual permit holder's continuation in
11practice would constitute an imminent danger to the public. In
12the event that the Secretary summarily suspends a permit
13issued pursuant to this Section, the permit holder may
14petition the Department for a hearing in accordance with the
15provisions of this Act to reinstate his or her permit.
16    In addition to terminating any permit issued pursuant to
17this Section, the Department may issue a monetary penalty not
18to exceed $1,000 upon the permit holder and may notify any
19state in which the permit holder has been issued a license that
20his or her Illinois permit has been terminated and the reasons
21for the termination. The monetary penalty shall be paid within
2260 days after the effective date of the order imposing the
23penalty. The order shall constitute a judgment and may be
24filed and execution had thereon in the same manner as any
25judgment from any court of record. It is the intent of the
26General Assembly that a permit issued pursuant to this Section



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1shall be considered a privilege and not a property right.
2    (e) The temporary permit shall only permit the holder to
3practice dentistry within the scope of the dental studies and
4in conjunction with one of the following:
5        (1) the charitable organization; or
6        (2) a continuing education program provided by a
7    continuing education sponsor approved by the Department
8    pursuant to this Section that the permit holder is
9    attending.
10    (f) The temporary visiting dentist may not administer
11conscious sedation, deep sedation, or general anesthesia.
12    (g) A patient who seeks treatment from a temporary
13visiting dentist must sign a consent form acknowledging that
14the care the patient will receive will be provided by a dentist
15not licensed in the State of Illinois and that the Illinois
16licensed dentist who has the collaborative agreement with the
17temporary visiting dentist will be responsible for all the
18follow-up care associated with the treatment rendered to the
20    (h) An application for the temporary permit shall be made
21to the Department in writing on forms prescribed by the
22Department and shall be accompanied by a nonrefundable fee
23established by rule.
24    (i) An applicant for a temporary permit may be requested
25to appear before the Board to respond to questions concerning
26the applicant's qualifications to receive the permit. An



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1applicant's refusal to appear before the Board may be grounds
2for denial of the application by the Department.
3    (j) The Secretary may summarily cancel any permit or
4license issued pursuant to this Section without a hearing if
5the Secretary finds that evidence in his or her possession
6indicates that a continuing education sponsor licensed under
7this Section or a temporary permit holder's continuation in
8practice would constitute an imminent danger to the public or
9violate any provision of this Act or its rules. If the
10Secretary summarily cancels a permit or license issued
11pursuant to this Section, the permit holder or licensee may
12petition the Department for a hearing in accordance with the
13provisions of subsection (b) of Section 26 of this Act to
14reinstate his or her permit or license.
15    (k) In addition to terminating any permit or license
16issued pursuant to this Section, the Department may impose a
17monetary penalty not to exceed $10,000 upon the temporary
18permit holder or licensee and may notify any state in which the
19temporary permit holder or licensee has been issued a license
20that his or her Illinois permit or license has been terminated
21and the reasons for the termination. The monetary penalty
22shall be paid within 60 days after the effective date of the
23order imposing the penalty. The order shall constitute a
24judgment and may be filed and execution had thereon in the same
25manner as any judgment from any court of record. It is the
26intent of the General Assembly that a permit or license issued



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1pursuant to this Section shall be considered a privilege and
2not a property right.
3(Source: P.A. 96-1222, eff. 7-23-10.)
4    Section 10. The Good Samaritan Act is amended by changing
5Section 20 as follows:
6    (745 ILCS 49/20)
7    Sec. 20. Free dental clinic; exemption from civil
8liability for services performed without compensation.
9    (a) Any person licensed under the Illinois Dental Practice
10Act to practice dentistry or to practice as a dental hygienist
11who, in good faith, provides dental treatment, dental
12services, diagnoses, or advice as part of the services of an
13established free dental clinic providing care to medically
14indigent patients which is limited to care which does not
15require the services of a licensed hospital or ambulatory
16surgical treatment center, and who receives no fee or
17compensation from that source shall not, as a result of any
18acts or omissions, except for willful or wanton misconduct on
19the part of the licensee, in providing dental treatment,
20dental services, diagnoses or advice, be liable for civil
21damages. For purposes of this Section, a "free dental clinic"
22is an organized program providing, without charge, dental care
23to individuals unable to pay for their care. For purposes of
24this Section, an "organized program" is a program sponsored by



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1a community, public health, charitable, voluntary, or
2organized dental organization. Free dental services provided
3under this Section may be provided at a clinic or private
4dental office. A free dental clinic may receive reimbursement
5from the Department of Healthcare and Family Services or may
6receive partial reimbursement from a patient based upon
7ability to pay, provided any such reimbursements shall be used
8only to pay overhead expenses of operating the free dental
9clinic and may not be used, in whole or in part, to provide a
10fee, reimbursement, or other compensation to any person
11licensed under the Illinois Dental Practice Act who is
12receiving an exemption under this Section or to any entity
13that the person owns or controls or in which the person has an
14ownership interest or from which the person receives a fee,
15reimbursement, or compensation of any kind. Dental care shall
16not include the use of general anesthesia or require an
17overnight stay in a health care facility.
18    (b) A dentist who administers vaccinations as provided in
19Section 54.3 of the Illinois Dental Practice Act at a public
20health clinic operated pursuant to the Public Health District
21Act, without charge to the patient or the receipt of a fee or
22compensation from that clinic or for that service in any way,
23shall not be liable for civil damages as a result of his or her
24acts or omissions in providing vaccinations, except for
25willful or wanton misconduct.
26    (c) The provisions of this Section shall not apply in any



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1case unless the free dental clinic or public health clinic has
2posted in a conspicuous place on its premises an explanation
3of the immunity from civil liability provided in this Section.
4    (c-5) This Section does not apply to a dentist issued a
5temporary visiting dentist permit pursuant to Section 19.2 of
6the Illinois Dental Practice Act.
7    (d) The changes to this Section made by this amendatory
8Act of the 99th General Assembly apply only to causes of action
9accruing on or after the effective date of this amendatory Act
10of the 99th General Assembly.
11(Source: P.A. 99-92, eff. 1-1-16.)