Full Text of HB0690 102nd General Assembly
HB0690ham003 102ND GENERAL ASSEMBLY | Rep. Lakesia Collins Filed: 5/11/2021
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| 1 | | AMENDMENT TO HOUSE BILL 690
| 2 | | AMENDMENT NO. ______. Amend House Bill 690 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Section 19.2 as follows: | 6 | | (225 ILCS 25/19.2) | 7 | | (Section scheduled to be repealed on January 1, 2026) | 8 | | Sec. 19.2.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 | 10 | | issue a temporary permit authorizing the practice in this | 11 | | State, without compensation, of dentistry or dental hygiene to | 12 | | an applicant who is licensed to practice dentistry or dental | 13 | | hygiene 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 | 7 | | subsection. | 8 | | (a-5) Upon Board recommendation, after the filing of an | 9 | | application, the Department may allow approved continuing | 10 | | education sponsors to be licensed to provide live patient | 11 | | continuing education clinical training courses if the | 12 | | following 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 | 20 | | Section shall be valid for a period of time as provided by | 21 | | rule. | 22 | | The Department shall adopt rules to implement this | 23 | | subsection. | 24 | | (b) (Blank). The Department may not require the applicant | 25 | | to pass an examination as provided in subsection (e) of | 26 | | Section 9 of this Act in order to receive a temporary permit |
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| 1 | | under this Section. | 2 | | (c) A temporary permit shall be valid for no longer than 5 | 3 | | consecutive clinical days within 6 months from the date of | 4 | | issuance. The temporary permit may be issued once per year to a | 5 | | visiting dentist. Temporary permits under subsection (a) may | 6 | | be restored no more than one time within 5 years of the initial | 7 | | permits issuance. A temporary permit under this Section shall | 8 | | authorize the practice of dentistry or dental hygiene in a | 9 | | specified area of the State for a period of time not to exceed | 10 | | 10 consecutive days in a year and may be renewed by the | 11 | | Department. The Department may require an applicant to pay a | 12 | | fee for the issuance or restoration renewal of a permit under | 13 | | this Section. | 14 | | (d) (Blank). The Secretary may summarily terminate any | 15 | | permit issued pursuant to this Section, without a hearing, if | 16 | | the Secretary finds that evidence in his or her possession | 17 | | indicates that an individual permit holder's continuation in | 18 | | practice would constitute an imminent danger to the public. In | 19 | | the event that the Secretary summarily suspends a permit | 20 | | issued pursuant to this Section, the permit holder may | 21 | | petition the Department for a hearing in accordance with the | 22 | | provisions of this Act to reinstate his or her permit. | 23 | | In addition to terminating any permit issued pursuant to | 24 | | this Section, the Department may issue a monetary penalty not | 25 | | to exceed $1,000 upon the permit holder and may notify any | 26 | | state in which the permit holder has been issued a license that |
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| 1 | | his or her Illinois permit has been terminated and the reasons | 2 | | for the termination. The monetary penalty shall be paid within | 3 | | 60 days after the effective date of the order imposing the | 4 | | penalty. The order shall constitute a judgment and may be | 5 | | filed and execution had thereon in the same manner as any | 6 | | judgment from any court of record. It is the intent of the | 7 | | General Assembly that a permit issued pursuant to this Section | 8 | | shall be considered a privilege and not a property right.
| 9 | | (e) The temporary permit shall only permit the holder to | 10 | | practice dentistry within the scope of the dental studies and | 11 | | in 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 | 18 | | conscious sedation, deep sedation, or general anesthesia. | 19 | | (g) A patient who seeks treatment from a temporary | 20 | | visiting dentist must sign a consent form acknowledging that | 21 | | the care the patient will receive will be provided by a dentist | 22 | | not licensed in the State of Illinois and that the Illinois | 23 | | licensed dentist who has the collaborative agreement with the | 24 | | temporary visiting dentist will be responsible for all the | 25 | | follow-up care associated with the treatment rendered to the | 26 | | patient. |
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| 1 | | (h) An application for the temporary permit shall be made | 2 | | to the Department in writing on forms prescribed by the | 3 | | Department and shall be accompanied by a nonrefundable fee | 4 | | established by rule. | 5 | | (i) An applicant for a temporary permit may be requested | 6 | | to appear before the Board to respond to questions concerning | 7 | | the applicant's qualifications to receive the permit. An | 8 | | applicant's refusal to appear before the Board may be grounds | 9 | | for denial of the application by the Department. | 10 | | (j) The Secretary may summarily cancel any permit or | 11 | | license issued pursuant to this Section without a hearing if | 12 | | the Secretary finds that evidence in his or her possession | 13 | | indicates that a continuing education sponsor licensed under | 14 | | this Section or a temporary permit holder's continuation in | 15 | | practice would constitute an imminent danger to the public or | 16 | | violate any provision of this Act or its rules.
If the | 17 | | Secretary summarily cancels a permit or license issued | 18 | | pursuant to this Section, the permit holder or licensee may | 19 | | petition the Department for a hearing in accordance with the | 20 | | provisions of subsection (b) of Section 26 of this Act to | 21 | | reinstate his or her permit or license. | 22 | | (k) In addition to terminating any permit or license | 23 | | issued pursuant to this Section, the Department may impose a | 24 | | monetary penalty not to exceed $10,000 upon the temporary | 25 | | permit holder or licensee and may notify any state in which the | 26 | | temporary permit holder or licensee has been issued a license |
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| 1 | | that his or her Illinois permit or license has been terminated | 2 | | and the reasons for the termination. The monetary penalty | 3 | | shall be paid within 60 days after the effective date of the | 4 | | order imposing the penalty. The order shall constitute a | 5 | | judgment and may be filed and execution had thereon in the same | 6 | | manner as any judgment from any court of record. It is the | 7 | | intent of the General Assembly that a permit or license issued | 8 | | pursuant to this Section shall be considered a privilege and | 9 | | not a property right. | 10 | | (Source: P.A. 96-1222, eff. 7-23-10 .)
| 11 | | Section 10. The Good Samaritan Act is amended by changing | 12 | | Section 20 as follows:
| 13 | | (745 ILCS 49/20)
| 14 | | Sec. 20. Free dental clinic; exemption from civil
| 15 | | liability for services
performed without compensation. | 16 | | (a) Any person licensed under the Illinois Dental
Practice | 17 | | Act to practice
dentistry or to practice
as a dental hygienist | 18 | | who, in good faith, provides dental treatment, dental
| 19 | | services, diagnoses, or advice as part of the services of an | 20 | | established free
dental clinic providing care to medically | 21 | | indigent
patients which is limited to
care which does not | 22 | | require the services of a licensed hospital or ambulatory
| 23 | | surgical treatment center, and who receives no fee or | 24 | | compensation from that
source shall not, as a result of any |
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| 1 | | acts or omissions, except for willful or
wanton misconduct on | 2 | | the part of the licensee, in providing dental treatment,
| 3 | | dental services, diagnoses or advice, be liable for civil | 4 | | damages. For purposes
of this Section, a "free dental clinic" | 5 | | is an organized
program
providing, without charge, dental care | 6 | | to
individuals unable to pay for their
care. For purposes of | 7 | | this Section, an "organized program" is a program sponsored by | 8 | | a community, public health, charitable, voluntary, or | 9 | | organized dental organization. Free dental services provided | 10 | | under this Section may be provided at a clinic or private | 11 | | dental office. A free dental clinic may receive reimbursement | 12 | | from the
Department
of Healthcare and Family Services or may | 13 | | receive partial reimbursement from a patient based upon
| 14 | | ability to pay, provided any such reimbursements shall be used | 15 | | only to pay
overhead expenses of operating the free dental | 16 | | clinic and may not be used, in
whole or in part, to provide a | 17 | | fee, reimbursement, or other compensation to any person | 18 | | licensed
under the Illinois Dental Practice Act who is | 19 | | receiving an exemption under this
Section or to any entity | 20 | | that the person owns or controls or in which the person has an | 21 | | ownership interest or from which the person receives a fee, | 22 | | reimbursement, or compensation of any kind. Dental care shall | 23 | | not include the use of general anesthesia or require an
| 24 | | overnight stay in a health care facility.
| 25 | | (b) A dentist who administers vaccinations as provided in | 26 | | Section 54.3 of the Illinois Dental Practice Act at a public |
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| 1 | | health clinic operated pursuant to the Public Health District | 2 | | Act, without charge to the patient or the receipt of a fee or | 3 | | compensation from that clinic or for that service in any way, | 4 | | shall not be liable for civil damages as a result of his or her | 5 | | acts or omissions in providing vaccinations, except for | 6 | | willful or wanton misconduct. | 7 | | (c) The provisions of this Section shall not apply in any | 8 | | case unless the
free dental clinic or public health clinic has | 9 | | posted in a conspicuous place on
its premises an
explanation | 10 | | of the immunity from civil liability provided in this Section.
| 11 | | (c-5) This Section does not apply to a dentist issued a | 12 | | temporary visiting dentist permit pursuant to Section 19.2 of | 13 | | the Illinois Dental Practice Act. | 14 | | (d) The changes to this Section made by this amendatory | 15 | | Act of the 99th General Assembly apply only to causes of action | 16 | | accruing on or after the effective date of
this amendatory Act | 17 | | of the 99th General Assembly. | 18 | | (Source: P.A. 99-92, eff. 1-1-16 .)".
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