Illinois General Assembly - Full Text of HB0690
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Full Text of HB0690  102nd General Assembly

HB0690ham002 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 4/22/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 690

2    AMENDMENT NO. ______. Amend House Bill 690 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Section 19.2 and by adding Section 19.3 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7    (Section scheduled to be repealed on January 1, 2026)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) The Department may issue a temporary permit
10authorizing the practice in this State, without compensation,
11of dentistry or dental hygiene to an applicant who is licensed
12to practice dentistry or dental hygiene in another state, if
13all of the following apply:
14        (1) The Department determines that the applicant's
15    services will improve the welfare of Illinois residents.
16        (2) The Department determines that the applicant is

 

 

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1    qualified and satisfies the criteria specified under
2    Sections 9 and 13 of this Act, except for the examination
3    requirement.
4    (b) The Department may not require the applicant to pass
5an examination as provided in subsection (e) of Section 9 of
6this Act in order to receive a temporary permit under this
7Section.
8    (c) A temporary permit under this Section shall authorize
9the practice of dentistry or dental hygiene in a specified
10area of the State for a period of time not to exceed 5 10
11consecutive days in a year and may be renewed by the
12Department. The Department may require an applicant to pay a
13fee for the issuance or renewal of a permit under this Section.
14    (d) The Secretary may summarily terminate any permit
15issued pursuant to this Section, without a hearing, if the
16Secretary finds that evidence in his or her possession
17indicates that an individual permit holder's continuation in
18practice would constitute an imminent danger to the public. In
19the event that the Secretary summarily suspends a permit
20issued pursuant to this Section, the permit holder may
21petition the Department for a hearing in accordance with the
22provisions of this Act to reinstate his or her permit.
23    In addition to terminating any permit issued pursuant to
24this Section, the Department may issue a monetary penalty not
25to exceed $1,000 upon the permit holder and may notify any
26state in which the permit holder has been issued a license that

 

 

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1his or her Illinois permit has been terminated and the reasons
2for the termination. The monetary penalty shall be paid within
360 days after the effective date of the order imposing the
4penalty. The order shall constitute a judgment and may be
5filed and execution had thereon in the same manner as any
6judgment from any court of record. It is the intent of the
7General Assembly that a permit issued pursuant to this Section
8shall be considered a privilege and not a property right.
9(Source: P.A. 96-1222, eff. 7-23-10.)
 
10    (225 ILCS 25/19.3 new)
11    Sec. 19.3. Temporary visiting dentist permit.
12    (a) The Department may, in its discretion, issue a
13temporary visiting dentist permit, without examination,
14provided that the person has graduated from a college or
15school accredited by the American Dental Association's
16Commission on Dental Accreditation and is in good standing in
17his or her native licensing jurisdiction during the period of
18the temporary visiting permit and can furnish to the
19Department a certified letter upon request from that
20jurisdiction attesting to the fact that the visiting dentist
21has no pending action or violations against his or her
22license.
23    (b) Applicants for a temporary visiting dentist permit
24shall be limited to those attending a dental school, a state or
25national dental professional association or society conference

 

 

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1or meeting, a hospital licensed under the Hospital Licensing
2Act, a hospital organized under the University of Illinois
3Hospital Act, a facility operated pursuant to the Ambulatory
4Surgical Treatment Center Act; or to attend a training course
5sponsored by a continuing education provider who has approval
6to provide continuing education in the State of Illinois and
7is in compliance with the provisions of the Dental Care
8Patient Protection Act.
9    (c) The temporary visiting dentist permit shall only
10permit the holder to practice dentistry: (i) within the scope
11of the dental studies; (ii) in conjunction with the state or
12national dental professional association or society conference
13or meeting; or (iii) in conjunction with a continuing
14education program approved by the Department, for which the
15holder is attending.
16    (d) The holder of a temporary visiting dentist permit may
17not administer conscious sedation, deep sedation, or general
18anesthesia. Each patient who seeks treatment from a temporary
19visiting dentist must sign a consent form acknowledging that
20the care the patient will receive will be provided by a dentist
21not licensed in the State of Illinois and that the dentist who
22has the collaborative agreement with the temporary visiting
23dentist will be responsible for all the follow-up care
24associated with the treatment rendered to the patient.
25    (e) A valid written collaborative agreement must exist
26between the temporary visiting dentist and the Illinois

 

 

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1licensed dentist co-treating patients under this Section. The
2collaborative agreement must include a description of the care
3to be provided and procedures to be performed by the temporary
4visiting dentist. A copy of this agreement shall become part
5of the patient's dental record and shall be made available
6upon request to the Department. All follow-up care for any
7patients treated by a dentist holding a temporary visiting
8dentist permit shall be provided by an Illinois-licensed
9dentist.
10    (f) A visiting dentist granted a temporary permit under
11this Section shall only be allowed to treat patients who are
12eligible for Medicaid or who are uninsured and whose household
13income in no greater than 200% of the federal poverty level as
14attested to by the patient.
15    (g) An application for the temporary visiting dentist
16permit shall be made to the Department, in writing, on forms
17prescribed by the Department, and shall be accompanied by a
18nonrefundable fee provided for in Section 19.2. The
19application shall require information that will enable the
20Department to determine the qualifications of the applicant
21and the necessity for the granting of a temporary visiting
22dentist permit.
23    (h) The temporary visiting dentist permit shall be valid
24for 6 months after the date of issuance. A temporary visiting
25dentist can provide clinical services for no more than 5 days
26per year.

 

 

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1    (i) The Secretary may summarily terminate any permit
2issued pursuant to this Section, without a hearing, if the
3Secretary finds that evidence in his or her possession
4indicates that an individual permit holder's continuation in
5practice would constitute an imminent danger to the public. If
6the Secretary summarily suspends a permit issued pursuant to
7this Section, the permit holder may petition the Department
8for a hearing in accordance with the provisions of this Act to
9reinstate his or her permit.
10    (j) In addition to terminating any permit issued pursuant
11to this Section, the Department may issue a monetary penalty
12not to exceed $1,000 upon the permit holder and may notify any
13state in which the permit holder has been issued a license that
14his or her Illinois permit has been terminated and the reasons
15for the termination. The monetary penalty shall be paid within
1660 days after the effective date of the order imposing the
17penalty. The order shall constitute a judgment and may be
18filed and execution had thereon in the same manner as any
19judgment from any court of record. It is the intent of the
20General Assembly that a permit issued pursuant to this Section
21shall be considered a privilege and not a property right.
 
22    Section 10. The Good Samaritan Act is amended by changing
23Section 20 as follows:
 
24    (745 ILCS 49/20)

 

 

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1    Sec. 20. Free dental clinic; exemption from civil
2liability for services performed without compensation.
3    (a) Any person licensed under the Illinois Dental Practice
4Act to practice dentistry or to practice as a dental hygienist
5who, in good faith, provides dental treatment, dental
6services, diagnoses, or advice as part of the services of an
7established free dental clinic providing care to medically
8indigent patients which is limited to care which does not
9require the services of a licensed hospital or ambulatory
10surgical treatment center, and who receives no fee or
11compensation from that source shall not, as a result of any
12acts or omissions, except for willful or wanton misconduct on
13the part of the licensee, in providing dental treatment,
14dental services, diagnoses or advice, be liable for civil
15damages. For purposes of this Section, a "free dental clinic"
16is an organized program providing, without charge, dental care
17to individuals unable to pay for their care. For purposes of
18this Section, an "organized program" is a program sponsored by
19a community, public health, charitable, voluntary, or
20organized dental organization. Free dental services provided
21under this Section may be provided at a clinic or private
22dental office. A free dental clinic may receive reimbursement
23from the Department of Healthcare and Family Services or may
24receive partial reimbursement from a patient based upon
25ability to pay, provided any such reimbursements shall be used
26only to pay overhead expenses of operating the free dental

 

 

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1clinic and may not be used, in whole or in part, to provide a
2fee, reimbursement, or other compensation to any person
3licensed under the Illinois Dental Practice Act who is
4receiving an exemption under this Section or to any entity
5that the person owns or controls or in which the person has an
6ownership interest or from which the person receives a fee,
7reimbursement, or compensation of any kind. Dental care shall
8not include the use of general anesthesia or require an
9overnight stay in a health care facility.
10    (b) A dentist who administers vaccinations as provided in
11Section 54.3 of the Illinois Dental Practice Act at a public
12health clinic operated pursuant to the Public Health District
13Act, without charge to the patient or the receipt of a fee or
14compensation from that clinic or for that service in any way,
15shall not be liable for civil damages as a result of his or her
16acts or omissions in providing vaccinations, except for
17willful or wanton misconduct.
18    (c) The provisions of this Section shall not apply in any
19case unless the free dental clinic or public health clinic has
20posted in a conspicuous place on its premises an explanation
21of the immunity from civil liability provided in this Section.
22    (c-5) The provisions of this Section do not apply to a
23dentist issued a temporary visiting dentist permit pursuant to
24Section 19.3 of the Illinois Dental Practice Act.
25    (d) The changes to this Section made by this amendatory
26Act of the 99th General Assembly apply only to causes of action

 

 

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1accruing on or after the effective date of this amendatory Act
2of the 99th General Assembly.
3(Source: P.A. 99-92, eff. 1-1-16.)".