(225 ILCS 25/11)
(from Ch. 111, par. 2311)
(Section scheduled to be repealed on January 1, 2016)
Sec. 11.
Types of Dental Licenses.
The Department shall have the
authority to issue the following types of licenses:
(a) General licenses. The Department shall issue a license authorizing
practice as a dentist to any person who qualifies for a license under this Act.
(b) Specialty licenses. The Department shall issue a
license authorizing practice as a specialist in any particular
branch of dentistry to any dentist who has complied with the
requirements established for that particular branch of dentistry at the
time of making application. The Department shall establish additional
requirements of any dentist who announces or holds himself or herself out
to the public as a specialist or as being specially qualified in any
particular branch of dentistry.
No dentist shall announce or hold himself or herself out to the public as
a specialist or as being specially qualified in any particular branch of
dentistry unless he or she is licensed to practice in that specialty of
dentistry.
The fact that any dentist shall announce by card, letterhead or any
other form of communication using terms as "Specialist," "Practice
Limited To" or "Limited to Specialty of" with the name of the branch of
dentistry practiced as a specialty, or shall use equivalent words or
phrases to announce the same, shall be prima facie evidence that the
dentist is holding himself or herself out to the public as a specialist.
(c) Temporary training licenses. Persons who wish to pursue
specialty or other advanced clinical educational programs
in an approved dental school or a hospital situated
in this State, or persons who wish to pursue programs of specialty
training in dental public health in public agencies in this State, may
receive without examination, in the discretion of the Department, a
temporary training license. In order to receive a temporary
training license under this subsection, an applicant shall furnish
satisfactory proof to the Department that:
(1) The applicant is at least 21 years of age and is
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of good moral character. In determining moral character under this Section, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as bar to licensure;
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(2) The applicant has been accepted or appointed for
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specialty or residency training by an approved hospital situated in this State, by an approved dental school situated in this State, or by a public health agency in this State the training programs of which are recognized and approved by the Department. The applicant shall indicate the beginning and ending dates of the period for which he or she has been accepted or appointed;
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(3) The applicant is a graduate of a dental school
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or college approved and in good standing in the judgment of the Department. The Department may consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded to determine if an applicant has graduated from a dental school or college approved and in good standing. The Department may also consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded in determining whether a dental school or college is approved and in good standing.
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Temporary training licenses issued under this
Section shall be valid only for the duration of the period of residency or
specialty training and may be extended or renewed as prescribed by rule.
The holder of a valid temporary training license shall be entitled thereby to
perform acts as may be prescribed by and incidental to his or her program of
residency or specialty training; but he or she shall not be entitled to
engage in the practice of dentistry in this State.
A temporary training license may be revoked by the
Department upon proof that the holder has engaged in the
practice of dentistry in this State outside of his or her program of residency
or specialty training, or if the holder shall fail to supply the
Department, within 10 days of its request, with information as to his
or her current status and activities in his or her specialty training program.
(d) Restricted faculty licenses.
Persons who have received full‑time appointments to
teach dentistry at an approved dental school or hospital situated in this
State may receive without examination, in the discretion of the Department,
a restricted faculty license. In order to
receive a restricted faculty license an applicant shall furnish satisfactory
proof to the Department that:
(1) The applicant is at least 21 years of age, is of
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good moral character and is licensed to practice dentistry in another state or country; and
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(2) The applicant has a full‑time appointment to
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teach dentistry at an approved dental school or hospital situated in this State.
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Restricted faculty licenses issued under
this Section shall be
valid for a period of 3 years and may be extended or
renewed. The
holder of a valid restricted faculty license
may perform acts as may
be required by his or her teaching of dentistry.
In addition, the holder of a restricted faculty license may practice general
dentistry or in his or her area of specialty, but only in a clinic or office
affiliated with the dental school. Any restricted faculty license issued to a
faculty member under this Section shall terminate immediately and
automatically,
without any further action by the Department, if the holder ceases to be a
faculty member at an approved dental school or hospital in this State.
The Department may revoke a restricted faculty license for a violation of
this Act or its rules, or if the holder fails to
supply the Department, within 10 days of its request, with information as
to his current status and activities in his teaching program.
(e) Inactive status. Any person who holds one of the licenses
under subsection (a) or (b) of Section 11 or under Section 12 of this Act may
elect, upon payment of
the required fee, to place his or her license on an inactive status and shall,
subject to the rules of the
Department, be excused from the payment of renewal fees until he or she
notifies the Department in writing of his or her desire to resume active
status.
Any licensee requesting restoration from inactive status shall be
required to pay the current renewal fee and upon payment the Department
shall be required to restore his or her license, as provided in Section 16 of
this Act.
Any licensee whose license is in an
inactive status shall not practice in the State of Illinois.
(f) Certificates of Identification. In addition to the licenses
authorized by this Section, the Department shall deliver to each dentist a
certificate of identification in a form specified by the Department.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
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(225 ILCS 25/17)
(from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17.
Acts Constituting the Practice of Dentistry.
A person
practices dentistry, within the meaning of this Act:
(1) Who represents himself as being able to diagnose
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or diagnoses, treats, prescribes, or operates for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaw; or
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(2) Who is a manager, proprietor, operator or
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conductor of a business where dental operations are performed; or
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(3) Who performs dental operations of any kind; or
(4) Who uses an X‑Ray machine or X‑Ray films for
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dental diagnostic purposes; or
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(5) Who extracts a human tooth or teeth, or corrects
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or attempts to correct malpositions of the human teeth or jaws; or
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(6) Who offers or undertakes, by any means or
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method, to diagnose, treat or remove stains, calculus, and bonding materials from human teeth or jaws; or
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(7) Who uses or administers local or general
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anesthetics in the treatment of dental or oral diseases or in any preparation incident to a dental operation of any kind or character; or
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(8) Who takes impressions of the human tooth, teeth,
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or jaws or performs any phase of any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated tissues by means of a filling, crown, a bridge, a denture or other appliance; or
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(9) Who offers to furnish, supply, construct,
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reproduce or repair, or who furnishes, supplies, constructs, reproduces or repairs, prosthetic dentures, bridges or other substitutes for natural teeth, to the user or prospective user thereof; or
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(10) Who instructs students on clinical matters or
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performs any clinical operation included in the curricula of recognized dental schools and colleges.
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The fact that any person engages in or performs, or offers to engage in
or perform, any of the practices, acts, or operations set forth in this
Section, shall be prima facie evidence that such person is engaged in the
practice of dentistry.
The following practices, acts, and operations, however, are exempt from
the operation of this Act:
(a) The rendering of dental relief in emergency
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cases in the practice of his or her profession by a physician or surgeon, licensed as such under the laws of this State, unless he undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace lost or missing teeth in the mouth; or
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(b) The practice of dentistry in the discharge of
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their official duties by dentists in any branch of the Armed Services of the United States, the United States Public Health Service, or the United States Veterans Administration; or
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(c) The practice of dentistry by students in their
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course of study in dental schools or colleges approved by the Department, when acting under the direction and supervision of dentists acting as instructors; or
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(d) The practice of dentistry by clinical
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instructors in the course of their teaching duties in dental schools or colleges approved by the Department:
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(i) when acting under the direction and
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supervision of dentists, provided that such clinical instructors have instructed continuously in this State since January 1, 1986; or
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(ii) when holding the rank of full professor at
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such approved dental school or college and possessing a current valid license or authorization to practice dentistry in another country; or
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(e) The practice of dentistry by licensed dentists
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of other states or countries at meetings of the Illinois State Dental Society or component parts thereof, alumni meetings of dental colleges, or any other like dental organizations, while appearing as clinicians; or
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(f) The use of X‑Ray machines for exposing X‑Ray
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films of dental or oral tissues by dental hygienists or dental assistants; or
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(g) The performance of any dental service by a
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dental assistant, if such service is performed under the supervision and full responsibility of a dentist.
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For purposes of this paragraph (g), "dental service"
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is defined to mean any intraoral procedure or act which shall be prescribed by rule or regulation of the Department. Dental service, however, shall not include:
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(1) Any and all diagnosis of or prescription for
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treatment of disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structures.
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(2) Removal of, or restoration of, or addition
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to the hard or soft tissues of the oral cavity.
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(3) Any and all correction of malformation of
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(4) Administration of anesthetics, except for
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application of topical anesthetics and monitoring of nitrous oxide. Monitoring of nitrous oxide may be performed after successful completion of a training program approved by the Department.
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(5) Removal of calculus from human teeth.
(6) Taking of impressions for the fabrication of
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prosthetic appliances, crowns, bridges, inlays, onlays, or other restorative or replacement dentistry.
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(7) The operative procedure of dental hygiene
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consisting of oral prophylactic procedures, except for coronal polishing, which may be performed by a dental assistant who has successfully completed a training program approved by the Department. Dental assistants may perform coronal polishing under the following circumstances: (i) the coronal polishing shall be limited to polishing the clinical crown of the tooth and existing restorations, supragingivally; (ii) the dental assistant performing the coronal polishing shall be limited to the use of rotary instruments using a rubber cup or brush polishing method (air polishing is not permitted); and (iii) the supervising dentist shall not supervise more than 4 dental assistants at any one time for the task of coronal polishing.
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(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
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form and substance satisfactory to the Department, for a general dental license and has complied with all provisions of Section 9 of this Act, except for the passage of the examination specified in subsection (e), of Section 9, of this Act; or
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(ii) has applied in writing to the Department,
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in form and substance satisfactory to the Department, for a temporary dental license and has complied with all provisions of subsection (c), of Section 11, of this Act; and
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(iii) has been accepted or appointed for
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specialty or residency training by a hospital situated in this State; or
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(iv) has been accepted or appointed for
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specialty training in an approved dental program situated in this State; or
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(v) has been accepted or appointed for specialty
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training in a dental public health agency situated in this State.
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The applicant shall be permitted to practice
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dentistry for a period of 3 months from the starting date of the program, unless authorized in writing by the Department to continue such practice for a period specified in writing by the Department.
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The applicant shall only be entitled to perform such
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acts as may be prescribed by and incidental to their program of residency or specialty training and shall not otherwise engage in the practice of dentistry in this State.
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The authority to practice shall terminate
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(1) the decision of the Department that the
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applicant has failed the examination; or
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(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 91‑594, eff. 1‑1‑00 .)
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(225 ILCS 25/18)
(from Ch. 111, par. 2318)
(Section scheduled to be repealed on January 1, 2016)
Sec. 18.
Acts constituting the practice of dental hygiene;
limitations.
(a) A person practices dental hygiene within the meaning of this Act when
he or she performs the following acts under the supervision of a dentist:
(i) the operative procedure of dental hygiene,
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consisting of oral prophylactic procedures;
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(ii) the exposure and processing of X‑Ray films
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of the teeth and surrounding structures;
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(iii) the application to the surfaces of the
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teeth or gums of chemical compounds designed to be desensitizing agents or effective agents in the prevention of dental caries or periodontal disease;
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(iv) all services which may be performed by a
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dental assistant as specified by rule pursuant to Section 17;
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(v) administration and monitoring of nitrous
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oxide upon successful completion of a training program approved by the Department;
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(vi) administration of local anesthetics upon
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successful completion of a training program approved by the Department; and
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(vii) such other procedures and acts as shall be
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prescribed by rule or regulation of the Department.
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(b) A dental hygienist may be employed or engaged only:
(1) by a dentist;
(2) by a federal, State, county, or municipal agency
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(3) by a public or private school; or
(4) by a public clinic operating under the direction
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of a hospital or federal, State, county, municipal, or other public agency or institution.
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(c) When employed or engaged in the office of a dentist, a dental hygienist
may
perform, under general supervision, those procedures found in items (i) through
(iv) of
subsection (a) of this Section, provided the patient has been examined by the
dentist
within one year of the provision of dental hygiene services, the dentist has
approved the
dental hygiene services by a notation in the patient's record and the patient
has been
notified that the dentist may be out of the office during the provision of
dental hygiene
services.
(d) If a patient of record is unable to travel to a dental office because of
illness,
infirmity, or
imprisonment, a dental hygienist may perform, under the general supervision of
a dentist,
those procedures found in items (i) through (iv) of subsection (a) of this
Section,
provided the patient is located in a long‑term care facility licensed by the
State of Illinois,
a mental health or developmental disability facility, or a State or federal
prison. The dentist
shall personally examine and diagnose the patient and determine which
services are necessary to be performed, which shall be contained in an order to the hygienist and a notation in the patient's record.
Such order must be implemented within 120 days
of its issuance, and an updated medical history and observation of oral
conditions
must be performed by the hygienist immediately prior to beginning the
procedures to ensure that the patient's health has not changed in any
manner to warrant a reexamination by the dentist.
(e) School‑based oral health care,
consisting of and limited to oral prophylactic
procedures, sealants, and fluoride treatments,
may be provided by a dental hygienist
under the general supervision of a dentist. A dental hygienist may not provide
other dental hygiene treatment in a school‑based setting, including but not
limited to administration or monitoring of nitrous oxide or administration of
local anesthetics. The school‑based procedures may be performed provided the
patient is located at a public or private school and the program is being
conducted by a State, county or local public health department initiative or in
conjunction with a dental school or dental hygiene program.
The dentist shall personally examine and diagnose the patient and
determine
which services are necessary to be performed, which shall be contained in an
order to the
hygienist and a notation in the patient's record. Any such order for sealants must be implemented within 120 days after its issuance. Any such order for oral prophylactic procedures or fluoride treatments must be implemented within 180 days after its issuance. An updated medical history and observation of
oral conditions
must be
performed by the hygienist immediately prior to beginning the procedures to
ensure that
the patient's health has not changed in any manner to warrant a reexamination
by the
dentist.
(f) Without the supervision of a dentist, a dental hygienist
may perform
dental health education functions and may record case histories and oral
conditions observed.
(g) The number of dental hygienists practicing in a dental office shall
not
exceed, at any one time, 4 times the number of dentists practicing in the
office at the time.
(Source: P.A. 93‑113, eff. 1‑1‑04; 93‑821, eff. 7‑28‑04 .)
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(225 ILCS 25/24)
(from Ch. 111, par. 2324)
(Section scheduled to be repealed on January 1, 2016)
Sec. 24.
Refusal, Suspension or Revocation of Dental Hygienist License.
The
Department may refuse to issue or renew or
may revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper, including fines not
to exceed $2,500 per violation, with regard to any dental hygienist license
for any one or any combination of the following causes:
1. Fraud in procuring license.
2. Performing any operation not authorized by this
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3. Practicing dental hygiene other than under the
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supervision of a licensed dentist as provided by this Act.
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4. The wilful violation of, or the wilful procuring
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of, or knowingly assisting in the violation of, any Act which is now or which hereafter may be in force in this State relating to the use of habit‑forming drugs.
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5. The obtaining of, or an attempt to obtain a
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license, or practice in the profession, or money, or any other thing of value by fraudulent representation.
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6. Gross negligence in performing the operative
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procedure of dental hygiene.
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7. Active practice of dental hygiene while knowingly
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having any infectious, communicable, or contagious disease proscribed by rule or regulation of the Department.
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8. Habitual intoxication or addiction to the use of
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9. Conviction in this or another state of any crime
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which is a felony under the laws of this State or conviction of a felony in a federal court, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.
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10. Aiding or abetting the unlicensed practice of
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dentistry or dental hygiene.
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11. Discipline by another U.S. jurisdiction or a
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foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
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12. Violating the Health Care Worker Self‑Referral
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13. Violating the prohibitions of Section 38.1 of
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14. Engaging in dishonorable, unethical, or
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unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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The provisions of this Act relating to proceedings for the suspension
and revocation of a license to practice dentistry shall apply to
proceedings for the suspension or revocation of a license as a dental
hygienist.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
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(225 ILCS 25/37)
(from Ch. 111, par. 2337)
(Section scheduled to be repealed on January 1, 2016)
Sec. 37.
Unlicensed practice; injunctions.
The practice of dentistry
by any person not holding a valid
and current license under this Act is declared to be inimical to the public
welfare, to constitute a public nuisance, and to cause irreparable harm to
the public welfare.
A person is considered to practice dentistry who:
(1) employs a dentist, dental hygienist, or other
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entity which can provide dental services under this Act;
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(2) directs or controls the use of any dental
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equipment or material while such equipment or material is being used for the provision of dental services, provided that this provision shall not be construed to prohibit a person from obtaining professional advice or assistance in obtaining or from leasing the equipment or material, provided the advice, assistance, or lease does not restrict or interfere with the custody, control, or use of the equipment or material by the person;
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(3) directs, controls or interferes with a dentist's
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or dental hygienist's clinical judgment; or
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(4) exercises direction or control, by written
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contract, license, or otherwise, over a dentist, dental hygienist, or other entity which can provide dental services under this Act in the selection of a course of treatment; limitation of patient referrals; content of patient records; policies and decisions relating to refunds (if the refund payment would be reportable under federal law to the National Practitioner Data Bank) and warranties and the clinical content of advertising; and final decisions relating to employment of dental assistants and dental hygienists. Nothing in this Act shall, however, be construed as prohibiting the seeking or giving of advice or assistance with respect to these matters.
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The purpose of this Section is to prevent a non‑dentist from influencing or
otherwise interfering with the exercise of independent professional judgment by
a dentist, dental hygienist, or other entity which can provide dental services
under this Act. Nothing in this Section
shall be construed to prohibit insurers and managed care plans from operating
pursuant to the applicable provisions of the Illinois Insurance Code under
which the entities are licensed.
The Director, the Attorney General, the State's
attorney of any county in the State, or any person may maintain an action
in the name of the People of the State of Illinois, and may apply for
injunctive relief in any circuit court to enjoin such person from engaging in
such practice; and upon the filing of a verified petition in such court,
the court if satisfied by affidavit, or otherwise,
that such person has been engaged in such practice without a valid and
current license so to do, may enter a temporary restraining
order without notice
or bond, enjoining the defendant from such further practice. Only the
showing of non‑licensure, by affidavit or otherwise, is necessary in order
for a temporary injunction to issue. A
copy of the verified complaint shall be served
upon the defendant and the proceedings shall thereafter be conducted as
in other civil cases except as modified by this Section. If it is
established that the defendant has been, or is engaged in such unlawful
practice, the court may enter an order or judgment
perpetually enjoining the defendant from further such practice. In all
proceedings hereunder the court, in its discretion, may apportion the costs
among the parties interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses, court reporter
charges and reasonable attorneys' fees. In case of violation of any
injunctive order entered under the provisions of
this Section, the court may summarily try and punish the offender for contempt
of
court. Such injunction proceedings shall be in addition to, and not in
lieu of, all penalties and other remedies provided in this Act.
(Source: P.A. 91‑520, eff. 1‑1‑00 .)
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(225 ILCS 25/48)
(from Ch. 111, par. 2348)
(Section scheduled to be repealed on January 1, 2016)
Sec. 48.
Manufacture of dentures, bridges or replacements for
dentists; prescriptions; order; penalties.
(a) Any dentist who
employs or engages the services of any dental laboratory to construct or
repair, extraorally, prosthetic dentures, bridges, or other replacements
for a part of a tooth, a tooth, or teeth, or who directs a dental
laboratory to participate in shade selection for a prosthetic appliance,
shall furnish such dental laboratory with a written prescription on forms
prescribed by the Department which shall contain:
(1) The name and address of the dental laboratory to
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which the prescription is directed.
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(2) The patient's name or identification number. If
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a number is used, the patient's name shall be written upon the duplicate copy of the prescription retained by the dentist.
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(3) The date on which the prescription was written.
(4) A description of the work to be done, including
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(5) A specification of the type and quality of
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(6) The signature of the dentist and the number of
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his or her license to practice dentistry.
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(b) The dental laboratory receiving a prescription from a
dentist shall retain the original prescription and the dentist shall
retain a duplicate copy thereof for inspection at any reasonable time by
the Department or its duly authorized agents, for a period of 3 years in both cases.
(c) If the dental laboratory receiving a written prescription
from a dentist engages another dental laboratory
(hereinafter referred to as "subcontractor") to perform some of the
services relative to such prescription, it shall furnish a written
order with respect thereto on forms prescribed by the Department
which shall contain:
(1) The name and address of the subcontractor.
(2) A number identifying the order with the original
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prescription, which number shall be endorsed on the prescription received from the dentist.
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(3) The date on which the order was written.
(4) A description of the work to be done by the
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subcontractor, including diagrams if necessary.
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(5) A specification of the type and quality of
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(6) The signature of an agent of the dental
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laboratory issuing the order. The subcontractor shall retain the order and the issuer thereof shall retain a duplicate copy, attached to the prescription received from the dentist, for inspection by the Department or its duly authorized agents, for a period of 3 years in both cases.
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(7) A copy of the order to the subcontractor shall
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be furnished to the dentist.
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(d) Any dentist who:
(1) employs or engages the services of any dental
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laboratory to construct or repair, extraorally, prosthetic dentures, bridges, or other dental appliances without first providing such dental laboratory with a written prescription;
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(2) fails to retain a duplicate copy of the
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prescription for 3 years; or
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(3) refuses to allow the Department or its duly
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authorized agents to inspect his or her files of prescriptions;
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is guilty of a Class A
misdemeanor and the Department may revoke or suspend his or her license
therefor.
(e) Any dental laboratory which:
(1) furnishes such services to any dentist without
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first obtaining a written prescription therefor from such dentist;
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(2) acting as a subcontractor as described in (c)
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above, furnishes such services to any dental laboratory without first obtaining a written order from such dental laboratory;
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(3) fails to retain the original prescription or
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order, as the case may be, for 3 years; or
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(4) refuses to allow the Department or its duly
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authorized agents to inspect its files of prescriptions or orders;
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is guilty of
a Class A misdemeanor.
(Source: P.A. 91‑357, eff. 7‑29‑99 .)
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