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

HB0690ham003 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 5/11/2021

 

 


 

 


 
10200HB0690ham003LRB102 11795 SPS 26401 a

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7    (Section scheduled to be repealed on January 1, 2026)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

 

 

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1    whose household income is not greater than 200% of the
2    federal poverty level; .
3        (2) the applicant has graduated from a dental program
4    approved by the American Dental Association's Commission
5    on Dental Accreditation and maintains an equivalent
6    authorization to practice dentistry in good standing in
7    his or her native licensing jurisdiction during the period
8    of the temporary visiting dentist permit and can furnish
9    the Department a certified letter upon request from that
10    jurisdiction attesting to the fact that the applicant has
11    no pending action or violations against his or her
12    license; The Department determines that the applicant is
13    qualified and satisfies the criteria specified under
14    Sections 9 and 13 of this Act, except for the examination
15    requirement.
16        (3) the applicant has received an invitation to
17    perform dental care by a charitable organization or has
18    received an invitation to study or receive training on
19    specific dental or clinical subjects or techniques by a
20    licensed continuing education sponsor who is approved by
21    the Department to provide clinical training in the State
22    of Illinois on patients for the welfare of Illinois
23    residents pursuant to subsection (a-5) and is in
24    compliance with the provisions of this Act;
25        (4) the applicant will be working pursuant to a
26    collaborative agreement with and under the direct

 

 

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1    supervision of an Illinois licensed dentist, who is in
2    good standing, during the duration of the program. The
3    supervising dentist must be physically present during all
4    clinical training courses; and
5        (5) payment of a fee established by rule.
6    The Department may adopt rules to implement this
7subsection.
8    (a-5) Upon Board recommendation, after the filing of an
9application, the Department may allow approved continuing
10education sponsors to be licensed to provide live patient
11continuing education clinical training courses if the
12following requirements are met:
13        (1) the continuing education course provides services,
14    without compensation, that will improve the welfare of
15    Illinois residents as described in paragraph (1) of
16    subsection (a). The application to the Board must include
17    the following information for review and approval by the
18    Department:
19            (i) a plan of follow-up care and training models;
20            (ii) any and all documentation to be signed by the
21        patients, including, but not limited to, waivers,
22        consent forms, and releases;
23            (iii) information related to the facilities being
24        utilized, staffing plans, and emergency plans;
25            (iv) the process by which patients will be
26        contacted before, during, and after treatment;

 

 

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1            (v) the intended population that will be receiving
2        treatment; and
3            (vi) proof of valid malpractice insurance for the
4        approved continuing education sponsor that extends
5        coverage to clinical staff, trainees, and out-of-state
6        permit holders that meet the requirements of
7        subsection (a);
8        (2) a valid written collaborative agreement must exist
9    between the temporary visiting dentist and the Illinois
10    licensed dentist co-treating patients under this Section.
11    The collaborative agreement must include a description of
12    the care to be provided and procedures to be performed by
13    the temporary visiting dentist. There shall be no more
14    than 5 trainees per supervising dentist. A copy of this
15    agreement shall become part of the patient's dental record
16    and shall be made available upon request to the
17    Department; and
18        (3) payment of a fee established by rule.
19    A continuing education sponsor license issued under this
20Section shall be valid for a period of time as provided by
21rule.
22    The Department shall adopt rules to implement this
23subsection.
24    (b) (Blank). The Department may not require the applicant
25to pass an examination as provided in subsection (e) of
26Section 9 of this Act in order to receive a temporary permit

 

 

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1under this Section.
2    (c) A temporary permit shall be valid for no longer than 5
3consecutive clinical days within 6 months from the date of
4issuance. The temporary permit may be issued once per year to a
5visiting dentist. Temporary permits under subsection (a) may
6be restored no more than one time within 5 years of the initial
7permits issuance. A temporary permit under this Section shall
8authorize the practice of dentistry or dental hygiene in a
9specified area of the State for a period of time not to exceed
1010 consecutive days in a year and may be renewed by the
11Department. The Department may require an applicant to pay a
12fee for the issuance or restoration renewal of a permit under
13this Section.
14    (d) (Blank). The Secretary may summarily terminate any
15permit issued pursuant to this Section, without a hearing, if
16the Secretary 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    (e) The temporary permit shall only permit the holder to
10practice dentistry within the scope of the dental studies and
11in conjunction with one of the following:
12        (1) the charitable organization; or
13        (2) a continuing education program provided by a
14    continuing education sponsor approved by the Department
15    pursuant to this Section that the permit holder is
16    attending.
17    (f) The temporary visiting dentist may not administer
18conscious sedation, deep sedation, or general anesthesia.
19    (g) A patient who seeks treatment from a temporary
20visiting dentist must sign a consent form acknowledging that
21the care the patient will receive will be provided by a dentist
22not licensed in the State of Illinois and that the Illinois
23licensed dentist who has the collaborative agreement with the
24temporary visiting dentist will be responsible for all the
25follow-up care associated with the treatment rendered to the
26patient.

 

 

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1    (h) An application for the temporary permit shall be made
2to the Department in writing on forms prescribed by the
3Department and shall be accompanied by a nonrefundable fee
4established by rule.
5    (i) An applicant for a temporary permit may be requested
6to appear before the Board to respond to questions concerning
7the applicant's qualifications to receive the permit. An
8applicant's refusal to appear before the Board may be grounds
9for denial of the application by the Department.
10    (j) The Secretary may summarily cancel any permit or
11license issued pursuant to this Section without a hearing if
12the Secretary finds that evidence in his or her possession
13indicates that a continuing education sponsor licensed under
14this Section or a temporary permit holder's continuation in
15practice would constitute an imminent danger to the public or
16violate any provision of this Act or its rules. If the
17Secretary summarily cancels a permit or license issued
18pursuant to this Section, the permit holder or licensee may
19petition the Department for a hearing in accordance with the
20provisions of subsection (b) of Section 26 of this Act to
21reinstate his or her permit or license.
22    (k) In addition to terminating any permit or license
23issued pursuant to this Section, the Department may impose a
24monetary penalty not to exceed $10,000 upon the temporary
25permit holder or licensee and may notify any state in which the
26temporary permit holder or licensee has been issued a license

 

 

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1that his or her Illinois permit or license has been terminated
2and the reasons for the termination. The monetary penalty
3shall be paid within 60 days after the effective date of the
4order imposing the penalty. The order shall constitute a
5judgment and may be filed and execution had thereon in the same
6manner as any judgment from any court of record. It is the
7intent of the General Assembly that a permit or license issued
8pursuant to this Section shall be considered a privilege and
9not a property right.
10(Source: P.A. 96-1222, eff. 7-23-10.)
 
11    Section 10. The Good Samaritan Act is amended by changing
12Section 20 as follows:
 
13    (745 ILCS 49/20)
14    Sec. 20. Free dental clinic; exemption from civil
15liability for services performed without compensation.
16    (a) Any person licensed under the Illinois Dental Practice
17Act to practice dentistry or to practice as a dental hygienist
18who, in good faith, provides dental treatment, dental
19services, diagnoses, or advice as part of the services of an
20established free dental clinic providing care to medically
21indigent patients which is limited to care which does not
22require the services of a licensed hospital or ambulatory
23surgical treatment center, and who receives no fee or
24compensation from that source shall not, as a result of any

 

 

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

 

 

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1health clinic operated pursuant to the Public Health District
2Act, without charge to the patient or the receipt of a fee or
3compensation from that clinic or for that service in any way,
4shall not be liable for civil damages as a result of his or her
5acts or omissions in providing vaccinations, except for
6willful or wanton misconduct.
7    (c) The provisions of this Section shall not apply in any
8case unless the free dental clinic or public health clinic has
9posted in a conspicuous place on its premises an explanation
10of the immunity from civil liability provided in this Section.
11    (c-5) This Section does not apply to a dentist issued a
12temporary visiting dentist permit pursuant to Section 19.2 of
13the Illinois Dental Practice Act.
14    (d) The changes to this Section made by this amendatory
15Act of the 99th General Assembly apply only to causes of action
16accruing on or after the effective date of this amendatory Act
17of the 99th General Assembly.
18(Source: P.A. 99-92, eff. 1-1-16.)".