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Public Act 102-0582


 

Public Act 0582 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0582
 
HB0690 EnrolledLRB102 11795 SPS 17130 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Dental Practice Act is amended by
changing Section 19.2 as follows:
 
    (225 ILCS 25/19.2)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 19.2. Temporary permit for free dental care.
    (a) Upon Board recommendation, the The Department may
issue a temporary permit authorizing the practice in this
State, without compensation, of dentistry or dental hygiene to
an applicant who is licensed to practice dentistry or dental
hygiene in another state, if all of the following apply:
        (1) the The Department determines that the applicant's
    services will improve the welfare of Illinois residents
    who are eligible for Medicaid or who are uninsured and
    whose household income is not greater than 200% of the
    federal poverty level; .
        (2) the applicant has graduated from a dental program
    approved by the American Dental Association's Commission
    on Dental Accreditation and maintains an equivalent
    authorization to practice dentistry in good standing in
    his or her native licensing jurisdiction during the period
    of the temporary visiting dentist permit and can furnish
    the Department a certified letter upon request from that
    jurisdiction attesting to the fact that the applicant has
    no pending action or violations against his or her
    license; The Department determines that the applicant is
    qualified and satisfies the criteria specified under
    Sections 9 and 13 of this Act, except for the examination
    requirement.
        (3) the applicant has received an invitation to
    perform dental care by a charitable organization or has
    received an invitation to study or receive training on
    specific dental or clinical subjects or techniques by a
    licensed continuing education sponsor who is approved by
    the Department to provide clinical training in the State
    of Illinois on patients for the welfare of Illinois
    residents pursuant to subsection (a-5) and is in
    compliance with the provisions of this Act;
        (4) the applicant will be working pursuant to a
    collaborative agreement with and under the direct
    supervision of an Illinois licensed dentist, who is in
    good standing, during the duration of the program. The
    supervising dentist must be physically present during all
    clinical training courses; and
        (5) payment of a fee established by rule.
    The Department may adopt rules to implement this
subsection.
    (a-5) Upon Board recommendation, after the filing of an
application, the Department may allow approved continuing
education sponsors to be licensed to provide live patient
continuing education clinical training courses if the
following requirements are met:
        (1) the continuing education course provides services,
    without compensation, that will improve the welfare of
    Illinois residents as described in paragraph (1) of
    subsection (a). The application to the Board must include
    the following information for review and approval by the
    Department:
            (i) a plan of follow-up care and training models;
            (ii) any and all documentation to be signed by the
        patients, including, but not limited to, waivers,
        consent forms, and releases;
            (iii) information related to the facilities being
        utilized, staffing plans, and emergency plans;
            (iv) the process by which patients will be
        contacted before, during, and after treatment;
            (v) the intended population that will be receiving
        treatment; and
            (vi) proof of valid malpractice insurance for the
        approved continuing education sponsor that extends
        coverage to clinical staff, trainees, and out-of-state
        permit holders that meet the requirements of
        subsection (a);
        (2) a valid written collaborative agreement must exist
    between the temporary visiting dentist and the Illinois
    licensed dentist co-treating patients under this Section.
    The collaborative agreement must include a description of
    the care to be provided and procedures to be performed by
    the temporary visiting dentist. There shall be no more
    than 5 trainees per supervising dentist. A copy of this
    agreement shall become part of the patient's dental record
    and shall be made available upon request to the
    Department; and
        (3) payment of a fee established by rule.
    A continuing education sponsor license issued under this
Section shall be valid for a period of time as provided by
rule.
    The Department shall adopt rules to implement this
subsection.
    (b) (Blank). The Department may not require the applicant
to pass an examination as provided in subsection (e) of
Section 9 of this Act in order to receive a temporary permit
under this Section.
    (c) A temporary permit shall be valid for no longer than 5
consecutive clinical days within 6 months from the date of
issuance. The temporary permit may be issued once per year to a
visiting dentist. Temporary permits under subsection (a) may
be restored no more than one time within 5 years of the initial
permits issuance. A temporary permit under this Section shall
authorize the practice of dentistry or dental hygiene in a
specified area of the State for a period of time not to exceed
10 consecutive days in a year and may be renewed by the
Department. The Department may require an applicant to pay a
fee for the issuance or restoration renewal of a permit under
this Section.
    (d) (Blank). The Secretary may summarily terminate any
permit issued pursuant to this Section, without a hearing, if
the Secretary finds that evidence in his or her possession
indicates that an individual permit holder's continuation in
practice would constitute an imminent danger to the public. In
the event that the Secretary summarily suspends a permit
issued pursuant to this Section, the permit holder may
petition the Department for a hearing in accordance with the
provisions of this Act to reinstate his or her permit.
    In addition to terminating any permit issued pursuant to
this Section, the Department may issue a monetary penalty not
to exceed $1,000 upon the permit holder and may notify any
state in which the permit holder has been issued a license that
his or her Illinois permit has been terminated and the reasons
for the termination. The monetary penalty shall be paid within
60 days after the effective date of the order imposing the
penalty. The order shall constitute a judgment and may be
filed and execution had thereon in the same manner as any
judgment from any court of record. It is the intent of the
General Assembly that a permit issued pursuant to this Section
shall be considered a privilege and not a property right.
    (e) The temporary permit shall only permit the holder to
practice dentistry within the scope of the dental studies and
in conjunction with one of the following:
        (1) the charitable organization; or
        (2) a continuing education program provided by a
    continuing education sponsor approved by the Department
    pursuant to this Section that the permit holder is
    attending.
    (f) The temporary visiting dentist may not administer
conscious sedation, deep sedation, or general anesthesia.
    (g) A patient who seeks treatment from a temporary
visiting dentist must sign a consent form acknowledging that
the care the patient will receive will be provided by a dentist
not licensed in the State of Illinois and that the Illinois
licensed dentist who has the collaborative agreement with the
temporary visiting dentist will be responsible for all the
follow-up care associated with the treatment rendered to the
patient.
    (h) An application for the temporary permit shall be made
to the Department in writing on forms prescribed by the
Department and shall be accompanied by a nonrefundable fee
established by rule.
    (i) An applicant for a temporary permit may be requested
to appear before the Board to respond to questions concerning
the applicant's qualifications to receive the permit. An
applicant's refusal to appear before the Board may be grounds
for denial of the application by the Department.
    (j) The Secretary may summarily cancel any permit or
license issued pursuant to this Section without a hearing if
the Secretary finds that evidence in his or her possession
indicates that a continuing education sponsor licensed under
this Section or a temporary permit holder's continuation in
practice would constitute an imminent danger to the public or
violate any provision of this Act or its rules. If the
Secretary summarily cancels a permit or license issued
pursuant to this Section, the permit holder or licensee may
petition the Department for a hearing in accordance with the
provisions of subsection (b) of Section 26 of this Act to
reinstate his or her permit or license.
    (k) In addition to terminating any permit or license
issued pursuant to this Section, the Department may impose a
monetary penalty not to exceed $10,000 upon the temporary
permit holder or licensee and may notify any state in which the
temporary permit holder or licensee has been issued a license
that his or her Illinois permit or license has been terminated
and the reasons for the termination. The monetary penalty
shall be paid within 60 days after the effective date of the
order imposing the penalty. The order shall constitute a
judgment and may be filed and execution had thereon in the same
manner as any judgment from any court of record. It is the
intent of the General Assembly that a permit or license issued
pursuant to this Section shall be considered a privilege and
not a property right.
(Source: P.A. 96-1222, eff. 7-23-10.)
 
    Section 10. The Good Samaritan Act is amended by changing
Section 20 as follows:
 
    (745 ILCS 49/20)
    Sec. 20. Free dental clinic; exemption from civil
liability for services performed without compensation.
    (a) Any person licensed under the Illinois Dental Practice
Act to practice dentistry or to practice as a dental hygienist
who, in good faith, provides dental treatment, dental
services, diagnoses, or advice as part of the services of an
established free dental clinic providing care to medically
indigent patients which is limited to care which does not
require the services of a licensed hospital or ambulatory
surgical treatment center, and who receives no fee or
compensation from that source shall not, as a result of any
acts or omissions, except for willful or wanton misconduct on
the part of the licensee, in providing dental treatment,
dental services, diagnoses or advice, be liable for civil
damages. For purposes of this Section, a "free dental clinic"
is an organized program providing, without charge, dental care
to individuals unable to pay for their care. For purposes of
this Section, an "organized program" is a program sponsored by
a community, public health, charitable, voluntary, or
organized dental organization. Free dental services provided
under this Section may be provided at a clinic or private
dental office. A free dental clinic may receive reimbursement
from the Department of Healthcare and Family Services or may
receive partial reimbursement from a patient based upon
ability to pay, provided any such reimbursements shall be used
only to pay overhead expenses of operating the free dental
clinic and may not be used, in whole or in part, to provide a
fee, reimbursement, or other compensation to any person
licensed under the Illinois Dental Practice Act who is
receiving an exemption under this Section or to any entity
that the person owns or controls or in which the person has an
ownership interest or from which the person receives a fee,
reimbursement, or compensation of any kind. Dental care shall
not include the use of general anesthesia or require an
overnight stay in a health care facility.
    (b) A dentist who administers vaccinations as provided in
Section 54.3 of the Illinois Dental Practice Act at a public
health clinic operated pursuant to the Public Health District
Act, without charge to the patient or the receipt of a fee or
compensation from that clinic or for that service in any way,
shall not be liable for civil damages as a result of his or her
acts or omissions in providing vaccinations, except for
willful or wanton misconduct.
    (c) The provisions of this Section shall not apply in any
case unless the free dental clinic or public health clinic has
posted in a conspicuous place on its premises an explanation
of the immunity from civil liability provided in this Section.
    (c-5) This Section does not apply to a dentist issued a
temporary visiting dentist permit pursuant to Section 19.2 of
the Illinois Dental Practice Act.
    (d) The changes to this Section made by this amendatory
Act of the 99th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 99th General Assembly.
(Source: P.A. 99-92, eff. 1-1-16.)

Effective Date: 1/1/2022