There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 25/ Illinois Dental Practice Act.
(225 ILCS 25/1)(from Ch. 111, par. 2301)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1.
Short Title.
This Act may be cited as
the Illinois Dental Practice Act.
(Source: P.A. 86‑1475.)
(225 ILCS 25/2)(from Ch. 111, par. 2302)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.
Legislative Declaration of Public Policy.
The practice of
dentistry in the State of Illinois is hereby
declared to affect the public health, safety and welfare and to be subject
to regulation and control in the public interest. It is further declared to
be a matter of public interest and concern that the dental profession merit
and receive the confidence of the public and that only qualified persons be
permitted to practice dentistry in the State of Illinois. Despite the
authority granted under this Act allowing dentists to delegate the performance
of certain procedures to dental hygienists and dental assistants, nothing
contained in this Act shall be construed in any way to relieve the supervising
dentist from ultimate responsibility for the care of his or her patient.
This Act shall be
liberally construed to carry out these objects and purposes.
It is further declared to be the public policy of this State, pursuant to
subsections (h) and (i) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in this Act to
be exercised by the State is an exclusive State power or function. Such
power or function shall not be exercised concurrently, either directly or
indirectly, by any unit of local government, including home rule units,
except as otherwise provided in this Act.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/3)(from Ch. 111, par. 2303)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3.
Severability ‑ Partial Invalidity.
This Act is declared to
be severable, and should any word, phrase, sentence, provision or section
hereof be hereafter declared unconstitutional or otherwise invalid, the
remainder of this Act shall not thereby be affected, but shall remain valid
and in full force and effect for all intents and purposes.
(Source: P.A. 84‑365.)
(225 ILCS 25/4)
(from Ch. 111, par. 2304)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Illinois Department of Professional Regulation.
(b) "Director" means the Director of Professional Regulation.
(c) "Board" means the Board of Dentistry established by Section 6 of this
Act.
(d) "Dentist" means a person who has received a general license pursuant
to paragraph (a) of Section 11 of this Act and who may perform any intraoral
and extraoral procedure required in the practice of dentistry and to whom is
reserved the responsibilities specified in Section 17.
(e) "Dental hygienist" means a person who holds a license under this Act to
perform dental services as authorized by Section 18.
(f) "Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental services
as authorized by Section 17.
(g) "Dental laboratory" means a person, firm or corporation which:
(i) engages in making, providing, repairing or
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(ii) utilizes or employs a dental technician to | ||
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(iii) performs such functions only for a dentist or | ||
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(h) "Supervision" means supervision of a dental hygienist or a dental
assistant requiring that a dentist authorize the procedure, remain in the
dental facility while the procedure is performed, and approve the work
performed by the dental hygienist or dental assistant before dismissal of
the patient, but does not mean that the dentist must be present at all
times in the treatment room.
(i) "General supervision" means supervision of a dental hygienist
requiring that the patient be a patient of record,
that the dentist
examine the patient in accordance with Section 18 prior to treatment by the
dental hygienist, and that the
dentist authorize the procedures which
are being carried
out by a notation in the patient's record, but not requiring that a dentist
be present when the authorized
procedures are being performed. The
issuance of a prescription to a dental laboratory by a
dentist does not constitute general supervision.
(j) "Public member" means a person who is not a health professional.
For purposes of board membership, any person with a significant financial
interest in a health service or profession is not a public member.
(k) "Dentistry" means the healing art which is concerned with the
examination, diagnosis, treatment planning and care of conditions within
the human oral cavity and its adjacent tissues and structures, as further
specified in Section 17.
(l) "Branches of dentistry" means the various specialties of dentistry
which, for purposes of this Act, shall be limited to the following:
endodontics, oral and maxillofacial surgery, orthodontics and dentofacial
orthopedics, pediatric dentistry,
periodontics, prosthodontics, and oral and maxillofacial
radiology.
(m) "Specialist" means a dentist who has received a specialty license
pursuant to Section 11(b).
(n) "Dental technician" means a person who owns, operates or is
employed by a dental laboratory and engages in making, providing, repairing
or altering dental prosthetic appliances and other artificial materials and
devices which are returned to a dentist for insertion into the human oral
cavity or which come in contact with its adjacent structures and tissues.
(o) "Impaired dentist" or "impaired dental hygienist" means a dentist
or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental disability as
evidenced by a written determination or written consent based on clinical
evidence, including deterioration through the aging process, loss of motor
skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient
degree to diminish the person's ability to deliver competent patient care.
(p) "Nurse" means a registered professional nurse, a certified registered
nurse anesthetist licensed as an advanced practice
nurse, or a licensed practical nurse licensed under the Nursing and
Advanced Practice Nursing Act.
(q) "Patient of record" means a patient for whom the patient's most recent
dentist has obtained
a
relevant medical and dental history and on whom the dentist has performed an
examination and evaluated the condition to be treated.
(r) "Dental emergency responder" means a dentist or dental hygienist who is appropriately certified in emergency medical response, as defined by the Department of Public Health.
(Source: P.A. 93‑821, eff. 7‑28‑04; 94‑409, eff. 12‑31‑05.)
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(225 ILCS 25/5)(from Ch. 111, par. 2305)
(Section scheduled to be repealed on January 1, 2016)
Sec. 5.
Powers and duties of Department.
Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers and duties:
(a) Conduct or authorize examinations to ascertain the fitness and
qualifications of applicants for dental licenses or dental hygienist
licenses, pass upon the qualifications of
applicants
for licenses, and issue licenses to such as are found to be fit and qualified.
(b) Prescribe rules and regulations for a method of examination of
candidates.
(c) Prescribe rules and regulations defining what shall constitute an
approved program, school, college or department of a university except
that no program, school,
college or department of a university that refuses admittance to
applicants solely on account of race, color, creed, sex or national
origin shall be approved.
(d) Conduct hearings on proceedings to revoke, suspend, or on objection
to the issuance of licenses and to revoke,
suspend or refuse to issue such licenses.
(e) Promulgate rules and regulations required for the administration of
this Act.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/5.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 5.5.
Impaired dentist.
The Department shall establish by rule a
program of care, counseling, and treatment for the impaired dentist.
(Source: P.A. 91‑138, eff. 1‑1‑00.)
(225 ILCS 25/6)
(from Ch. 111, par. 2306)
(Section scheduled to be repealed on January 1, 2016)
Sec. 6. Board of Dentistry ‑ Report By Majority Required. There
is created a Board of Dentistry, to be composed of persons designated from
time to time by the Director, as follows:
Eleven persons, 8 of whom have been dentists for a period of 5
years or
more; 2 of whom have been dental hygienists
for a period of 5 years or more, and one public member.
None of the members shall be an officer, dean, assistant dean, or associate
dean of a
dental college or dental department of an institute of learning, nor shall any
member be
the program director of any dental hygiene program. A board member who holds a
faculty position in a dental school or dental hygiene program shall not
participate in the
examination of applicants for licenses from that school or program. The
dental
hygienists shall not participate in the examination of
applicants for licenses
to practice dentistry. The public member shall not participate in the
examination of applicants for licenses to
practice dentistry or dental
hygiene. The board shall annually elect a chairman who shall be a dentist.
Terms for all members shall be for 4 years. Partial terms over 2 years
in length shall be considered as full terms. A member may be reappointed
for a successive term, but no member shall serve more than 2 full terms in
his or her lifetime.
The membership of the Board shall include only residents from various
geographic areas of this State and shall include at least some graduates
from various institutions of dental education in this State.
In making appointments to the Board the Director shall give due
consideration to recommendations by organizations of the dental profession
in Illinois, including the Illinois State Dental Society and Illinois
Dental Hygienists Association, and shall promptly give due notice to
such organizations of any vacancy in the membership of the Board.
The Director may terminate the appointment of any member for cause which in
the opinion of the Director reasonably justifies such termination.
A vacancy in the membership of the Board
shall not impair the right of a quorum to exercise all the rights
and perform all the duties of the Board.
Any action to be taken by the Board under this Act may be authorized
by resolution at any regular or special meeting, and each such resolution
shall take effect immediately. The Board shall meet at least quarterly.
The Board may adopt all rules and regulations necessary and incident
to its powers and duties under this Act.
The members of the Board shall each receive as compensation a reasonable
sum as determined by the Director for each day actually engaged in the
duties of the office, and all legitimate and necessary expense incurred in
attending the meetings of the Board.
Members of the Board shall be immune from suit in any action based
upon any disciplinary proceedings or other activities performed in good
faith as members of the Board.
(Source: P.A. 93‑821, eff. 7‑28‑04.)
(225 ILCS 25/7)(from Ch. 111, par. 2307)
(Section scheduled to be repealed on January 1, 2016)
Sec. 7. Recommendations by Board of
Dentistry. The Director shall consider the recommendations of the Board
in establishing guidelines for professional conduct, for the conduct of
formal disciplinary proceedings brought under this Act, and for
establishing guidelines for qualifications of applicants. Notice of
proposed rulemaking shall be transmitted to the Board and the Department
shall review the response of the Board and any recommendations made
therein. The Department may, at any time, seek the expert advice
and knowledge of the Board on any matter relating to the administration or
enforcement of this Act.
The action or report in writing of a majority of the Board shall be
sufficient authority upon which the Director may act.
Whenever the Director is satisfied that substantial justice has not been
done either in an examination or in the revocation, suspension or refusal
to issue a license, the Director may order a reexamination or rehearing.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(225 ILCS 25/8)(from Ch. 111, par. 2308)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.
Necessity for Licensure of Dentists and Applications for Licenses.
No person shall practice dentistry without first applying for and obtaining a
license for such purpose from the Department.
Applications shall be accompanied by the required fee.
If an applicant neglects, fails without an approved excuse or refuses to take
the next available examination offered for licensure under this Act, the fee
paid by the applicant shall be forfeited to the Department and the application
denied. If an applicant fails to pass an examination for licensure under this
Act within 3 years after filing his application, the application shall be
denied. However, such applicant may thereafter make a new application for
examination accompanied by the required fee and provide evidence of meeting the
requirements in effect at the time of the new application.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95; 89‑626, eff.
8‑9‑96.)
(225 ILCS 25/8.05)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.05.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
(225 ILCS 25/8.1)(from Ch. 111, par. 2308.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.1.
No licensed dentist shall administer general anesthesia or
conscious sedation without first applying for and obtaining a
permit for such purpose from the Department. The Department shall issue
such permit only after ascertaining that the applicant possesses the
minimum qualifications necessary to protect public safety. A person with a
dental degree who administers anesthesia or conscious sedation
in an
approved
hospital training program under the supervision of either a licensed
dentist holding such permit or a physician licensed to practice medicine in
all its branches shall not be required to obtain such permit.
(Source: P.A. 92‑280, eff. 1‑1‑02.)
(225 ILCS 25/8.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.5.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice dentistry without being licensed under this Act
shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense
as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil 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.
(Source: P.A. 88‑223; 89‑80, eff. 6‑30‑95.)
(225 ILCS 25/9)(from Ch. 111, par. 2309)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9. Qualifications of Applicants for Dental Licenses. The
Department shall require that each applicant for a license to
practice dentistry shall:
(a) (Blank).
(b) Be at least 21 years of age and of good moral character.
(c) (1) Present satisfactory evidence of completion of dental
education by graduation from a dental college or school in the United
States or Canada approved by the Department. The Department shall not approve
any dental college or school which does not require at least (A) 60 semester
hours of collegiate credit or the equivalent in acceptable subjects from a
college or university before admission, and (B) completion of at least 4
academic years of instruction or the equivalent in an approved dental college
or school before graduation; or
(2) Present satisfactory evidence of completion of dental education by
graduation from a dental college or school outside the United States or
Canada and provide satisfactory evidence that:
(A) (blank);
(B) the applicant has completed a minimum of 2
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(C) the applicant has received certification from | ||
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Nothing in this Act shall be construed to prevent either the Department or
any dental college or school from establishing higher standards than
specified in this Act.
(d) In determining professional capacity under this Section, any
individual who has not been actively engaged in the practice of dentistry,
has not been a dental student, or has not been engaged in a formal program
of dental education during the 5 years immediately preceding the filing of an
application may be required to complete such additional testing, training, or
remedial education as the Board may deem necessary in order to establish
the applicant's present capacity to practice dentistry with reasonable
judgment, skill, and safety.
(e) Pass an examination authorized or given by the Department
in the theory and practice of the science of dentistry; provided,
that the Department (1) may recognize a certificate granted by the National
Board of Dental Examiners in lieu of, or subject to, such examination as
may be required and (2) may recognize successful completion of the clinical examination conducted by approved regional testing services in
lieu of such examinations as may be required. For purposes of this Section,
successful completion shall mean that the applicant has achieved a minimum
passing score on the regional examinations as determined by each approved
regional testing service.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
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(225 ILCS 25/10)(from Ch. 111, par. 2310)
(Section scheduled to be repealed on January 1, 2016)
Sec. 10.
Examinations for Dental Licensure.
Examination shall be
made in writing in all theoretical subjects. Both theoretical and practical
examinations shall be of a character to give a fair test of the
qualifications of the applicant to practice dentistry.
The examination papers and all grading thereon, and the grading of the
practical work, shall be deemed public documents, and preserved for a
period of not less than 2 years after the Department shall have made and
published its decisions thereon. All examinations shall be
conducted or authorized under fair and wholly impartial methods.
(Source: P.A. 84‑365.)
(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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(2) The applicant has been accepted or appointed for | ||
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(3) The applicant is a graduate of a dental school | ||
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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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(2) The applicant has a full‑time appointment to | ||
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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 25/12)(from Ch. 111, par. 2312)
(Section scheduled to be repealed on January 1, 2016)
Sec. 12.
Necessity for Licensure of Dental Hygienists.
No person,
unless a dentist, shall perform the operative procedures of
dental hygiene without first applying for and obtaining a license for such purpose.
The Department shall issue a license
authorizing practice as a dental hygienist to any person who qualifies for
such license pursuant to this Act.
In addition to the license authorized by
this
Section the Department shall deliver to each dental hygienist a separate
certificate of identification in a form specified by the Department.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/13)(from Ch. 111, par. 2313)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.
Qualifications of Applicants for Dental Hygienists.
Every
person who desires to obtain a license as a dental hygienist shall apply to the
Department in writing, upon forms prepared
and furnished by the Department. Each application shall contain proof of
the particular qualifications required of the applicant, shall be verified
by the applicant, under oath, and shall be accompanied by the required
examination fee.
The Department shall require that every applicant for a license
as a dental hygienist shall:
(1) (Blank).
(2) Be a graduate of high school
or its equivalent.
(3) Present satisfactory evidence of having successfully completed 2 academic
years of credit at a dental hygiene program accredited by the Commission on
Dental Accreditation of the American Dental Association.
(4) Submit evidence that he holds a currently valid certification to
perform cardiopulmonary resuscitation. The Department shall adopt rules
establishing criteria for certification in cardiopulmonary resuscitation.
The rules of the Department shall provide for variances only in instances
where the applicant is physically disabled and therefore unable to secure
such certification.
(5) (Blank).
(6) Pass an examination authorized or given by the Department in the
subjects usually taught in approved programs of dental hygiene, which
examination shall determine the qualifications of applicants to perform the
operative procedures of dental hygiene. The Department may recognize a
certificate granted by the National Board of Dental Examiners in lieu of,
or subject to, such examination.
(Source: P.A. 92‑262, eff. 8‑7‑01.)
(225 ILCS 25/14)(from Ch. 111, par. 2314)
(Section scheduled to be repealed on January 1, 2016)
Sec. 14.
Examination for licensure as dental hygienists.
The Department
shall conduct or authorize examinations of applicants for licensure as dental
hygienists at such times and places as it may determine.
The examination of applicants for licensure as
dental hygienists may include both practical demonstrations and
written and oral tests and shall encompass the subjects usually taught in
programs of dental hygiene, approved by the Department.
If an applicant fails to pass an examination for licensure under this Act
within 3 years after filing his or her application, the application shall be
denied. The applicant, however, may thereafter make a new application for
examination accompanied by the required fee and provide evidence of meeting the
requirements in effect at the time of the new application.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/15)(from Ch. 111, par. 2315)
(Section scheduled to be repealed on January 1, 2016)
Sec. 15.
List of Dentists and Dental Hygienists.
The Department
shall maintain a list of the names and addresses of all dentists and dental
hygienists and of all persons whose licenses have been suspended or revoked,
together with such other
information relative to the enforcement of the provisions of this Act as it
may deem of interest to the public. Such lists shall also be mailed by the
Department to any person upon request and payment of the required fee. In
addition, the Department shall keep available for inquiry or inspection a
similar list of all persons whose licenses
have been suspended or revoked in the interim between such published lists.
All lists required to be published or kept by this Section shall be
arranged alphabetically.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/16)(from Ch. 111, par. 2316)
(Section scheduled to be repealed on January 1, 2016)
Sec. 16. Expiration, renewal and restoration of licenses.
The expiration
date and renewal date for each license issued under this Act shall
be set by
rule. The renewal period for each license issued under this Act shall be 3 years. A dentist or dental hygienist may renew a license during the month
preceding its expiration date by paying the required fee. A dental hygienist
shall provide proof of current cardiopulmonary resuscitation certification at
the time of renewal.
Any dentist or dental hygienist whose license has expired or whose license is
on inactive status may have his license restored at any time within 5 years
after the expiration thereof, upon payment of the required fee and a showing of proof of compliance with current continuing education requirements, as provided by rule.
Any person whose license has been expired for more than 5 years or who has
had his license on inactive status for more than 5 years may have his license
restored by making application to the Department and filing proof acceptable to
the Department of taking continuing education and of his fitness to have the license restored, including sworn
evidence certifying to active practice in another jurisdiction, and by paying
the required restoration fee. A person practicing on an expired license is
deemed to be practicing without a license. However, a holder of a license may renew the license within 90 days after its expiration by complying with the requirements for renewal and payment of an additional fee. A license renewal within 90 days after expiration shall be effective retroactively to the expiration date.
If a person whose license has expired or who has had his license on inactive
status for more than 5 years has not maintained an active practice satisfactory
to the department, the Department shall determine, by
an evaluation process established by rule, his or her fitness to resume
active status and may require the person to complete a period of evaluated
clinical experience and may require successful completion of a practical
examination.
However, any person whose license has
expired while he has been engaged (1) in federal or state service active
duty, or (2) in training or education under the supervision of the United
States preliminary to induction into the military service, may have his
license restored without paying any lapsed
renewal or restoration fee, if within 2 years after termination of such
service, training or education other than by dishonorable discharge, he
furnishes the Department with satisfactory proof that he has been so
engaged and that his service, training or education has been so terminated.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(225 ILCS 25/16.1)(from Ch. 111, par. 2316.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 16.1. Continuing education. The Department shall promulgate
rules of continuing education for persons licensed under
this Act. In establishing rules, the Department shall require a minimum of
48 hours of study in approved courses for dentists during each 3‑year
licensing period and a minimum of 36 hours of study in approved courses for
dental hygienists during each 3‑year licensing period.
The Department shall approve only courses that are relevant to the
treatment and care of patients, including, but not limited to, clinical
courses in dentistry and dental hygiene and nonclinical courses such as
patient management, legal and ethical responsibilities, and stress
management. Courses shall not be approved in such subjects as estate and
financial planning, investments, or personal health. Approved courses may
include, but shall not be limited to, courses that are offered or sponsored
by approved colleges, universities, and hospitals and by recognized
national, State, and local dental and dental hygiene organizations.
No license shall be renewed unless the
renewal application is accompanied by an affidavit indicating that the
applicant has completed the required minimum number of hours of continuing
education in approved courses as required by this Section.
The affidavit shall not require a listing of courses. The affidavit
shall be a prima facie evidence that the applicant has obtained the minimum
number of required continuing education hours in approved courses. The
Department shall not be obligated to conduct random
audits or otherwise independently verify that an applicant has met the
continuing education requirement.
The Department, however, may not conduct random audits
of more than 10% of the licensed
dentists and dental hygienists in any one licensing cycle
to verify compliance
with continuing education requirements.
If the Department, however, receives a
complaint that a licensee has not completed the required continuing
education or if the Department is investigating another alleged violation
of this Act by a licensee, the Department may demand and shall be entitled
to receive evidence from any licensee of completion of required
continuing education courses for the most recently completed 3‑year
licensing period.
Evidence of continuing education may include, but is not limited to, canceled
checks, official verification forms of attendance, and continuing education
recording forms, that demonstrate a reasonable record of attendance. The
Illinois State Board of
Dentistry shall determine, in accordance with rules adopted by the
Department,
whether a licensee or applicant has met the continuing education
requirements.
Any dentist who holds more than one license under this
Act shall be required to complete
only the minimum number of hours of continuing education required for
renewal of a single license. The Department may provide exemptions from
continuing education requirements. The exemptions shall include, but shall
not be limited to, dentists and dental hygienists who agree not to practice
within the State during the licensing period because they are retired from
practice.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(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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(2) Who is a manager, proprietor, operator 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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(5) Who extracts a human tooth or teeth, or corrects | ||
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(6) Who offers or undertakes, by any means or | ||
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(7) Who uses or administers local or general | ||
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(8) Who takes impressions of the human tooth, teeth, | ||
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(9) Who offers to furnish, supply, construct, | ||
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(10) Who instructs students on clinical matters or | ||
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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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(b) The practice of dentistry in the discharge of | ||
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(c) The practice of dentistry by students in their | ||
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(d) The practice of dentistry by clinical | ||
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(i) when acting under the direction and | ||
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(ii) when holding the rank of full professor at | ||
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(e) The practice of dentistry by licensed dentists | ||
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(f) The use of X‑Ray machines for exposing X‑Ray | ||
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(g) The performance of any dental service by a | ||
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For purposes of this paragraph (g), "dental service" | ||
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(1) Any and all diagnosis of or prescription for | ||
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(2) Removal of, or restoration of, or addition | ||
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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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(5) Removal of calculus from human teeth.
(6) Taking of impressions for the fabrication of | ||
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(7) The operative procedure of dental hygiene | ||
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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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(ii) has applied in writing to the Department, | ||
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(iii) has been accepted or appointed for | ||
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(iv) has been accepted or appointed for | ||
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(v) has been accepted or appointed for specialty | ||
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The applicant shall be permitted to practice | ||
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The applicant shall only be entitled to perform such | ||
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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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(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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(ii) the exposure and processing of X‑Ray films | ||
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(iii) the application to the surfaces of the | ||
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(iv) all services which may be performed by a | ||
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(v) administration and monitoring of nitrous | ||
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(vi) administration of local anesthetics upon | ||
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(vii) such other procedures and acts as shall be | ||
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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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(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 25/19)(from Ch. 111, par. 2319)
(Section scheduled to be repealed on January 1, 2016)
Sec. 19. Licensing Applicants from other States. Any person who has
been lawfully licensed to practice dentistry, including the practice of a licensed dental specialty, or dental hygiene in
another state or territory
which has and maintains a standard for the practice of dentistry, a dental specialty, or dental
hygiene at least equal to that now maintained in this State, or if the
requirements for licensure in such state or territory in which the
applicant was licensed were, at the date of his licensure, substantially
equivalent to the requirements then in force in this State, and who has
been lawfully engaged in
the practice of dentistry or dental hygiene for at least 3 of the 5 years
immediately preceding the filing of his or her application
to practice in this State
and who shall deposit with the Department a duly attested certificate from
the Board of the state or territory in which he or she is licensed,
certifying to the fact of his or her licensing and of his or her being a
person of good moral character may, upon payment of the required fee, be
granted a license to practice dentistry, a dental specialty, or dental hygiene in this State, as the case may be.
For the purposes of this Section, in computing 3 of the immediately
preceding 5 years of
practice in another state or territory, any person who left the practice
of dentistry to enter the military service and who practiced dentistry
while in the military service may count as a part of such period the
time spent by him in such service.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years,
the application shall be denied, the fee forfeited and the
applicant must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(225 ILCS 25/20)(from Ch. 111, par. 2320)
(Section scheduled to be repealed on January 1, 2016)
Sec. 20.
Display of Licenses.
Any
person licensed to practice dentistry or dental
hygiene in this State by the Department as hereinbefore provided, shall
at all times display such license or
duplicate original thereof in a conspicuous place, in his or her
office wherein he or she shall practice such profession, and shall further,
whenever requested, exhibit such license to
any of the members of the Department or its authorized agent.
Upon proof by affidavit, the Department shall provide a duplicate if
such person establishes that his or her license is lost or stolen or that he or
she practices at multiple
locations.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/21)(from Ch. 111, par. 2321)
(Section scheduled to be repealed on January 1, 2016)
Sec. 21.
Fees.
The fees for the administration and enforcement of this
Act, including but not limited to original licensure, renewal, and restoration
fees, shall be set by the Department by rule. However, the fee for application
for renewal of a license as a dentist or specialist is $100 per
year and the fee
for application for renewal of a license as a dental hygienist is $50 per
year. The fees
shall be
nonrefundable.
(Source: P.A. 92‑523, eff. 2‑8‑02.)
(225 ILCS 25/22)(from Ch. 111, par. 2322)
(Section scheduled to be repealed on January 1, 2016)
Sec. 22.
Returned checks; penalties.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license to pay
all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
(225 ILCS 25/23)(from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23.
Refusal, revocation or suspension of dental licenses.
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 $10,000 per violation, with
regard to any license for any one or any combination of
the following causes:
1. Fraud in procuring the license.
2. Habitual intoxication or addiction to the use of drugs.
3. Wilful or repeated violations of the rules of the Department of
Public Health or Department of Nuclear Safety.
4. Acceptance of a fee for service as a witness, without the
knowledge of the court, in addition to the fee allowed by the court.
5. Division of fees or agreeing to split or divide the fees received
for dental services with any person for bringing or referring a patient,
except in regard to referral services as provided for under Section 45,
or assisting in the care or treatment of a patient,
without the
knowledge of the patient or his legal representative.
6. Employing, procuring, inducing, aiding or abetting a person not
licensed or registered as a dentist to engage in the practice of
dentistry. The person practiced upon is not an accomplice, employer,
procurer, inducer, aider, or abetter within the meaning of this Act.
7. Making any misrepresentations or false promises, directly or
indirectly, to influence, persuade or induce dental patronage.
8. Professional connection or association with or lending his name
to another for the illegal practice of dentistry by another, or
professional connection or association with any person, firm or
corporation holding himself, herself, themselves, or itself out in any manner
contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or any other
things of value by false or fraudulent representations, but
not limited to, engaging in such fraudulent practice to defraud the
medical assistance program of the Department of Public Aid.
10. Practicing under a name other than his or her own.
11. Engaging in dishonorable,
unethical, or unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction in this or another State of any crime which is a
felony under the laws of this State or conviction of a felony in a
federal court, conviction of a misdemeanor, an essential element of which
is dishonesty, or conviction of any crime which is directly related to the
practice of dentistry or dental hygiene.
13. Permitting a dental hygienist, dental assistant or other person
under his or her supervision to perform
any operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be employed under
his supervision at any one time.
15. A violation of any provision of this
Act or any rules promulgated under this Act.
16. Taking impressions for or using the services of any person, firm
or corporation violating this Act.
17. Violating any provision of Section 45 relating to advertising.
18. Discipline by another U.S. jurisdiction or foreign nation,
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth within this Act.
19. Willfully failing to report an instance of suspected child abuse or
neglect as required by the Abused and Neglected Child Reporting
Act.
20. Gross or repeated malpractice resulting in injury or death of a patient.
21. The use or prescription for use of narcotics or controlled substances
or designated products as listed in the Illinois Controlled Substances
Act, in any way other than for therapeutic purposes.
22. Willfully making or filing false records or reports in his practice
as a dentist, including, but not limited to, false records to support claims
against the dental assistance program of the Illinois Department of Public
Aid.
23. Professional incompetence as manifested by poor standards of care.
24. Physical or mental illness, including, but not limited to,
deterioration
through
the aging process, or loss of motor skills which results in a dentist's
inability to practice dentistry with reasonable judgment, skill or safety. In
enforcing this paragraph, the Department may compel a person licensed to
practice under this Act to submit to a mental or physical examination pursuant
to the terms and conditions of Section 23b.
25. Repeated irregularities in billing a third party for services rendered
to a patient. For purposes of this paragraph 25, "irregularities in billing"
shall include:
(a) Reporting excessive charges for the purpose of
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(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for the | ||
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26. Continuing the active practice of dentistry while knowingly having
any infectious, communicable, or contagious disease proscribed by rule or
regulation of the Department.
27. Being named as a perpetrator in an indicated report by the
Department of Children and Family Services pursuant to the Abused and
Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the licensee has
caused a child to be an abused child or neglected child as defined in the
Abused and Neglected Child Reporting Act.
28. Violating the Health Care Worker Self‑Referral Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of competent
jurisdiction.
All proceedings to suspend, revoke, place on probationary status, or
take any other disciplinary action as the Department may deem proper, with
regard to a license on any of the foregoing grounds, must be commenced
within 3 years after receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the acts
described herein. Except for fraud in procuring a license, no
action shall be commenced more than 5 years after the date of the incident
or act alleged to have violated this Section. The time during which the
holder of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The Department may refuse to issue or may suspend the license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 91‑357, eff. 7‑29‑99; 91‑689, eff. 1‑1‑01.)
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(225 ILCS 25/23a)(from Ch. 111, par. 2323a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23a.
The Director of the Department may, upon receipt of a written
communication from the Secretary of Human Services or the Director of
the
Department of Public Aid or Department of Public Health, that continuation
of practice of a person licensed under this Act constitutes an immediate
danger to the public, immediately suspend the license of such person
without a hearing. In instances in which the Director
immediately suspends a license under this Section, a hearing upon such
person's license must be convened by the Board within 15 days after such
suspension and completed without appreciable delay, such hearing held to
determine whether to recommend to the
Director that the person's license be revoked, suspended, placed on
probationary status or reinstated, or such person be subject to other
disciplinary action. In such hearing, the written communication and any other
evidence
submitted therewith may be introduced as evidence against such person;
provided however, the person, or his counsel, shall have the opportunity to
discredit or impeach such evidence and submit evidence rebutting same.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
(225 ILCS 25/23b)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23b.
Requirement for mental and physical examinations under
certain conditions.
(a) In enforcing paragraph 24 of Section 23 of this Act, the Department may
compel a person licensed to practice under this Act to submit to a mental or
physical examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician to present
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining physician shall be
a physician licensed to practice medicine in all its branches specifically
designated by the Department. The individual to be examined may
have, at his or her own expense, another physician of his or her choice present
during all aspects of this examination. Failure of an individual
to submit to a mental or physical examination, when directed, shall be grounds
for suspension of his or her license until the individual submits to the
examination if the Department finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
(b) If the Department finds an individual unable to practice because of the
reasons set forth in paragraph 24 of Section 23, the Department may require
that
individual to submit to care, counseling, or treatment by physicians approved
or designated by the Department as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice, or in lieu of care,
counseling, or treatment, the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or restrictions, shall be
referred to the Director for a determination as to whether the individual shall
have his or her license suspended immediately, pending a hearing by the
Department.
(Source: P.A. 91‑689, eff. 1‑1‑01.)
(225 ILCS 25/23c) (Section scheduled to be repealed on January 1, 2016) Sec. 23c. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06.)
(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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4. The wilful violation of, or the wilful procuring | ||
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5. The obtaining of, or an attempt to obtain a | ||
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6. Gross negligence in performing the operative | ||
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7. Active practice of dental hygiene while knowingly | ||
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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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10. Aiding or abetting the unlicensed practice of | ||
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||
11. Discipline by another U.S. jurisdiction or a | ||
|
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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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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 25/25)(from Ch. 111, par. 2325)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25. Notice of hearing; investigations and informal
conferences.
(a) Upon the motion of
either the Department or the Board or upon the verified complaint
in writing of any person setting forth facts which
if proven would constitute grounds for refusal, suspension or revocation
of license under this Act, the Board shall
investigate the actions of any
person, hereinafter called the respondent, who holds or
represents that he
holds a license. All such motions or complaints shall be brought to the Board.
(b) Prior to taking an in‑person statement from a dentist or
dental hygienist who is the subject of a complaint, the investigator shall
inform the dentist or the dental hygienist in writing:
(1) that the dentist or dental hygienist is the
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(2) that the dentist or dental hygienist need not | ||
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(3) that failure of the dentist or dental hygienist | ||
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A Department investigator's failure to comply with this subsection may not
be the sole ground for dismissal of any order of the Department filed upon a
finding of a violation or for dismissal of a pending investigation.
(c) If the Department concludes on the basis of a complaint or its initial
investigation that there is a possible violation of the Act,
the
Department may:
(1) schedule a hearing pursuant to this Act; or
(2) request in writing that the dentist or dental | ||
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The request for an informal conference shall contain the nature of the
alleged actions or
inactions that constitute the possible violations.
A dentist or dental hygienist shall be allowed to have legal counsel at the
informal conference. If the informal conference results in a consent order
between the accused dentist or dental hygienist and the Department, the
consent order
must be approved by the Director. However, if the consent order would result in a fine exceeding $5,000 or the suspension or revocation of the dentist or dental hygienist license, the consent order must be approved by the Board and the Director. Participation in
the informal conference by a dentist, a dental hygienist, or the Department and
any admissions or
stipulations made by a dentist, a dental hygienist, or the Department at the
informal conference,
including any agreements in a consent order that is subsequently disapproved
by either the Board or the Director, shall not be used against the dentist,
dental hygienist, or Department at any subsequent hearing and shall not become
a part of the
record of the hearing.
(d) The Director shall, before suspending, revoking, placing on
probationary
status, or taking any other disciplinary action as the Director may deem
proper with regard to any license, at least 30 days prior
to the date set for the hearing, notify the respondent in
writing of any charges
made and the time and place for a hearing of the charges before the Board,
direct him or her to file his or her written answer thereto to the Board
under oath within 20 days after the service on him or her of such notice
and inform him or her that if he or she fails to file such answer default
will be taken against him or her and his or her license may be suspended,
revoked, placed on probationary status,
or other disciplinary action may be taken with regard thereto, including
limiting the scope, nature or extent of his or her practice, as the Director
may deem proper.
(e) Such written notice and any notice in such proceedings thereafter
may be
served by delivery personally to the respondent, or by
registered or
certified mail to the address last theretofore specified by the respondent
in his or her last notification to the Director.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
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(225 ILCS 25/25.1) (Section scheduled to be repealed on January 1, 2016)
Sec. 25.1. Subpoena powers.
(a) The Department, upon a determination by the chairperson of the Board that reasonable cause exists that a violation of one or more of the grounds for discipline set forth in Section 23 or Section 24 of this Act has occurred or is occurring, may subpoena the dental records of individual patients of dentists and dental hygienists licensed under this Act. (b) Notwithstanding subsection (a) of this Section, the Board and the Department may subpoena copies of hospital, medical, or dental records in mandatory report cases alleging death or permanent bodily injury when consent to obtain the records has not been provided by a patient or a patient's legal representative. All records and other information received pursuant to a subpoena shall be confidential and shall be afforded the same status as information concerning medical studies under Part 21 of Article VIII of the Code of Civil Procedure. The use of these records shall be restricted to members of the Board, the dental coordinator, and appropriate Department staff designated by the Secretary for the purpose of determining the existence of one or more grounds for discipline of the dentist or dental hygienist as provided for in Section 23 or Section 24 of this Act. (c) Any review of an individual patient's records shall be conducted by the Department in strict confidentiality, provided that the patient records shall be admissible in a disciplinary hearing before the Secretary, the Board, or a hearing officer designated by the Department when necessary to substantiate the grounds for discipline alleged against the dentist or dental hygienist licensed under this Act. (d) The Department may provide reimbursement for fees and mileage associated with its subpoena power in the same manner prescribed by law for judicial procedure in a civil case. (e) Nothing in this Section shall be deemed to supersede the provisions of Part 21 of Article VIII of the Code of Civil Procedure, now or hereafter amended, to the extent applicable.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(225 ILCS 25/26)(from Ch. 111, par. 2326)
(Section scheduled to be repealed on January 1, 2016)
Sec. 26.
Disciplinary actions.
(a) In case the respondent, after
receiving notice, fails to file an answer, his or her license may, in the discretion of the Director, having first received
the recommendation of the Board, be suspended, revoked, placed on
probationary status, or the Director may take whatever disciplinary action
he may deem proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a hearing, if the
act or acts charged constitute sufficient grounds for such action under this
Act.
(b) The Director may temporarily suspend the license of a dentist or dental hygienist without a hearing,
simultaneous to the institution of proceedings for a hearing under this
Act, if the Director finds that evidence in his possession indicates that a
dentist's or dental hygienist's continuation in practice would constitute
an immediate danger to the public. In the event that the Director
temporarily suspends the license of a dentist or a dental hygienist without a hearing, a hearing by the
Board must be held within 15 days after such suspension has occurred.
(c) The entry of a judgment by any circuit court establishing that any
person holding a license under this Act is a
person subject to involuntary admission under the Mental Health and
Developmental Disabilities Code shall operate as a suspension of that
license. That person may resume his or her
practice only upon a finding by the Board that he or she has been
determined to be no longer subject to involuntary admission by the court
and upon the Board's recommendation to the Director that he or she be
permitted to resume his or her practice.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/27)(from Ch. 111, par. 2327)
(Section scheduled to be repealed on January 1, 2016)
Sec. 27.
Hearings.
At the time and place fixed in the notice under Section
25, the Board shall proceed to hear the charges and both the respondent and the complainant shall be accorded ample opportunity
to present in person, or by counsel, such statements, testimony,
evidence and argument as may be pertinent to the charges or to any
defense thereto. The Board may continue such hearing from time to
time. If the Board is not sitting at the time and place fixed in
the notice or at the time and place to which the hearing has been
continued, the Department shall continue such hearing for a period not
to exceed 30 days.
The Board and Department shall have power to subpoena and bring
before the Board any person in this State and to take testimony
either orally or by deposition, or both, with the same fees and mileage
and in the same manner as is prescribed by law for judicial procedure in
civil cases.
The Director and any member of the Board shall have power to administer oaths
at any
hearing which the Department or Board is authorized by law to
conduct.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/28)(from Ch. 111, par. 2328)
(Section scheduled to be repealed on January 1, 2016)
Sec. 28.
Attendance of witnesses ‑ Production of document.
Any
circuit court, upon the application of the respondent or
complainant or of the Department or Board, may order the attendance of
witnesses and the production of relevant books and papers before the Board
in any hearing relative to the application for or refusal, recall, suspension
or revocation of a license. The court may compel obedience
to its order by proceedings for contempt.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/29)(from Ch. 111, par. 2329)
(Section scheduled to be repealed on January 1, 2016)
Sec. 29.
Recommendations for disciplinary action ‑ Action by
Director. The Board may advise the Director that probation be granted or
that other disciplinary action, including the limitation of the scope,
nature or extent of a person's practice, be taken, as it deems proper. If
disciplinary action other than suspension or revocation is taken, the Board
may advise that the Director impose reasonable limitations and requirements
upon the respondent to insure compliance with the terms of the
probation or
other disciplinary action, including, but not limited to, regular reporting
by the respondent to the Director of his or her actions, or the
respondent's
placing himself or herself under the care of a qualified physician for
treatment or limiting his or her practice in such manner as the Director
may require.
The Board shall present to the Director a written report of its findings
and recommendations. A copy of such report shall be served upon the
respondent,
either personally or by registered or certified mail. Within 20 days after
such service, the respondent may present to the Department his
or her motion
in writing for a rehearing, specifying the particular ground therefor. If
the respondent orders and pays for a transcript of the record,
the time
elapsing thereafter and before such transcript is ready for delivery to him
or her shall not be counted as part of such 20 days.
At the expiration of the time allowed for filing a motion for rehearing
the Director may take the action recommended by the Board. Upon suspension,
revocation, placement on probationary status, or the taking of any other
disciplinary action, including the limiting of the scope, nature, or extent
of one's practice, deemed proper by the Director, with regard to the
license, the respondent
shall surrender his or
her license to the Department, if ordered to
do so by the Department, and upon his or her failure or refusal to do so,
the Department may seize the same.
In all instances under this Act in which the Board has rendered a
recommendation to the Director with respect to a particular person, the
Director shall, to the extent that he disagrees with or takes action
contrary to the recommendation of the Board, file with the Board and the
Secretary of State his specific written reasons of disagreement. Such
reasons shall be filed within 30 days after the Director has taken the
contrary position.
Each order of revocation, suspension, or other disciplinary action shall
contain a brief, concise statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms and conditions
of such action. The original of this document shall be retained as a
permanent record by the Board and the Department. In those instances where
an order of revocation, suspension, or other disciplinary action has been
rendered by virtue of a dentist's or dental hygienist's physical illness,
including, but not limited to, deterioration through the aging process, or
loss of motor skill which results in an inability to practice with
reasonable judgment, skill, or safety, the Department shall permit only
this document and the record of the hearing incident thereto to be
observed, inspected, viewed, or copied pursuant to court order.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/30)(from Ch. 111, par. 2330)
(Section scheduled to be repealed on January 1, 2016)
Sec. 30.
Appointment of a Hearing Officer.
The Director shall have
the authority to appoint any attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer if any action for refusal
to issue, renew or discipline of a license.
The hearing officer shall have full authority to conduct the hearing. The
hearing officer shall report his findings and recommendations to the Board
and the Director. The Board shall have 60 days from receipt of the report
to review the report of the hearing officer and present its findings of
fact, conclusions of law and recommendations to the Director. If the Board
fails to present its report within the 60 day period, the Director shall
issue an order based on the report of the hearing officer. If the Director
determines that the Board's report is contrary to the manifest weight of
the evidence, he may issue an order in contravention of the Board's report.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/31)(from Ch. 111, par. 2331)
(Section scheduled to be repealed on January 1, 2016)
Sec. 31.
Restoration.
At any time after suspension, revocation,
placement on probationary status, or the taking of any other disciplinary
action, with regard to any license, the Department may
restore it to the respondent, or take any other action to
reinstate the
license to good standing, without examination, upon the written
recommendation of the Board.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/32)(from Ch. 111, par. 2332)
(Section scheduled to be repealed on January 1, 2016)
Sec. 32.
Administrative Review Law; application.
All final
administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the Administrative Review
Law, and the rules adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides, but if
the party is not a resident of this State, the venue shall be in
Sangamon County.
The Department shall not be required to certify any record to the court
or file any answer in court or otherwise appear in any court in a judicial
review proceeding, unless there is filed in the court with the complaint
a receipt from the Department acknowledging payment of the costs of furnishing
and certifying the record, which costs shall be computed at the rate of 20
cents per page of the record. Exhibits shall be certified without cost.
Failure on the part of the plaintiff to file a receipt in court shall
be grounds for dismissal of the action. During the pendency and hearing
of any and all judicial proceedings incident to a disciplinary action
any sanctions imposed upon the respondent by the Department
because of acts or
omissions related to the delivery of direct patient care as specified in the
Department's final administrative decision, shall as a matter of public
policy remain in full force and effect in order to protect the public
pending final resolution of any of the proceedings.
(Source: P.A. 88‑184; 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/33)(from Ch. 111, par. 2333)
(Section scheduled to be repealed on January 1, 2016)
Sec. 33.
Revocation orders.
An order of revocation, suspension,
placement on probationary status, or other formal disciplinary action as
the Department may deem proper, or a certified copy thereof, over the seal
of the Department and purporting to be signed by the Director of the
Department, is prima facie proof that:
(1) such signature is the genuine signature of the Director;
(2) the Director is duly appointed and qualified; and
(3) the Board and the members thereof are qualified.
Such proof may be rebutted.
(Source: P.A. 84‑365.)
(225 ILCS 25/34)(from Ch. 111, par. 2334)
(Section scheduled to be repealed on January 1, 2016)
Sec. 34.
Confidential information ‑ Disclosure.
In all hearings
conducted under this Act, information received,
pursuant to law, relating to any information acquired by a dentist or dental
hygienist in attending any patient in a professional character, and necessary
to professionally serve such patient, shall be deemed strictly confidential
and shall only be made available, either as part of the record of a hearing
hereunder or otherwise: (1) when such record is required, in its entirety,
for purposes of judicial review pursuant to this Act; or (2) upon the
express, written consent of the patient, or in the case of his or her death
or disability, his or her personal representative.
(Source: P.A. 84‑365.)
(225 ILCS 25/35)(from Ch. 111, par. 2335)
(Section scheduled to be repealed on January 1, 2016)
Sec. 35.
Unreasonable revocation orders.
In the event that the
Department's order of revocation, suspension,
placement on probationary status, or other order of formal disciplinary
action is without any reasonable basis in fact of any kind, then the State
of Illinois shall be liable to the injured dentist or dental hygienist for
those special damages suffered as a direct result of such order; provided,
however, any suit for such damages must be filed in the Court of Claims.
(Source: P.A. 84‑365.)
(225 ILCS 25/36)(from Ch. 111, par. 2336)
(Section scheduled to be repealed on January 1, 2016)
Sec. 36.
Reports of Violations ‑ Immunity.
Any person licensed under this
Act, the Illinois State Dental Society, Illinois Dental Hygienists
Association, or any other similar group or component society or member thereof,
or any other person, may report to the Board any information such person,
association or society may have which appears to show that a dentist or
dental hygienist is or may be in violation of any of the provisions of this
Act. Any such person, association, or society, participating in good faith
in the making of a report, under the Act, shall have immunity from any
liability, civil, criminal or that otherwise might result by reason of such
action. For the purpose of any proceedings, civil or criminal, the good
faith of any such person, association, or society shall be presumed.
(Source: P.A. 85‑946.)
(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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(2) directs or controls the use of any dental | ||
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(3) directs, controls or interferes with a dentist's | ||
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(4) exercises direction or control, by written | ||
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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 25/37.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 37.1.
Cease and desist orders.
If the Department has reason to
believe that a person has violated any provision of Section 8 or 12 of this
Act, the Department may issue a rule to show cause why an order to cease and
desist should not be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall provide a period of 7
days from the date of the rule to file an answer to the satisfaction of the
Department. Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
(Source: P.A. 93‑113, eff. 1‑1‑04.)
(225 ILCS 25/38)(from Ch. 111, par. 2338)
(Section scheduled to be repealed on January 1, 2016)
Sec. 38.
Penalty of Unlawful Practice ‑ Second and Subsequent
Offenses. Any person who practices or offers to practice dentistry in
this State without being licensed for that purpose, or whose license has
been suspended or revoked, or who violates any of the provisions of this
Act, for which no specific penalty has been provided herein, is guilty
of a Class A misdemeanor.
Any person who has been previously convicted under any of the provisions
of this Act and who subsequently violates any of the provisions of this
Act is guilty of a Class 4 felony. In addition, whenever any person is
punished as a subsequent offender under this Section, the Director
shall proceed to obtain a permanent injunction against such person under
Section 37 of this Act. All fines collected under this Section shall be
deposited in the Professional Regulation Evidence Fund.
(Source: P.A. 86‑685.)
(225 ILCS 25/38.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 38.1.
Prohibition against interference by non‑dentists.
The purpose of
this Section is to ensure that each dentist or dental hygienist practicing in
this State meets minimum requirements for safe practice without clinical
interference by persons not licensed under this Act. It is the legislative
intent that dental services be provided only in accordance with the provisions
of this Act and not be delegated to unlicensed persons.
Unless otherwise authorized by this Act, a dentist or dental hygienist is
prohibited from providing dental services in this State, if the dentist or
dental hygienist:
(1) is employed by any person other than a dentist
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(2) allows any person other than another dentist to | ||
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(Source: P.A. 91‑520, eff. 1‑1‑00.)
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(225 ILCS 25/39)(from Ch. 111, par. 2339)
(Section scheduled to be repealed on January 1, 2016)
Sec. 39.
Failure to Give Notice of Change of Address ‑ Penalty.
Any
failure, neglect or refusal on the part of any person obtaining
a license to practice dentistry from the Department to notify the
Department of any change of address within 90 days thereof
shall effect a forfeiture of such license, and no license, when
once forfeited, shall be restored, except upon payment to the Department of
the fee for such neglect, failure or refusal.
(Source: P.A. 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/40)(from Ch. 111, par. 2340)
(Section scheduled to be repealed on January 1, 2016)
Sec. 40.
Filing License or Diploma of Another.
Any person filing or
attempting to file as his or her own the diploma or
license of another, or a forged affidavit of identification or
qualification, shall be deemed guilty of a Class 3 felony, and upon
conviction thereof, shall be subject to such fine and imprisonment as is
made and provided by the statutes of this State for the crime of forgery.
(Source: P.A. 84‑365.)
(225 ILCS 25/41)(from Ch. 111, par. 2341)
(Section scheduled to be repealed on January 1, 2016)
Sec. 41.
Dental Coordinator.
The Department shall select a dental
coordinator, who shall not be a member of the Board. The dental
coordinator shall be a dentist. The dental coordinator shall be the chief
enforcement officer of the disciplinary provisions of this Act.
The Department shall employ, in conformity with the "Personnel Code", not
less than one full‑time investigator for every 3,000 dentists and dental
hygienists in the State. Each investigator shall be a college graduate
with at least 2 years' investigative experience or one year of advanced
dental or medical education. The Department shall employ, in conformity
with the "Personnel Code", such other professional, technical, investigative
and clerical assistance on either a full or part‑time basis, as the
Department deems necessary for the proper performance of its duties. The
Department shall retain and use such hearing officers as it deems
necessary. All employees of the Department shall be directed by, and
answerable to, the Department, with respect to their duties and functions.
(Source: P.A. 84‑365.)
(225 ILCS 25/42)(from Ch. 111, par. 2342)
(Section scheduled to be repealed on January 1, 2016)
Sec. 42.
Dental Disciplinary Fund.
All fees, fines or penalties
received by the Department under this Act shall be deposited in the
Illinois State Dental Disciplinary Fund, a special fund created hereunder
in the State Treasury, and shall be used only by the Department in the
exercise of its powers and performance of its duties under this Act,
including but not limited to the provision for evidence in dental
investigation. All earnings incurred from investment of moneys in the
Illinois State Dental Disciplinary Fund shall be deposited in the Illinois
State Dental Disciplinary Fund and shall be used for the same purpose as
fees deposited in such Fund.
Moneys in the Fund may be transferred to the Professions Indirect Cost Fund
as authorized under Section 2105‑300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105‑300).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
(225 ILCS 25/44)(from Ch. 111, par. 2344)
(Section scheduled to be repealed on January 1, 2016)
Sec. 44.
Practice by Corporations Prohibited.
Exceptions. No corporation
shall practice dentistry or engage therein, or hold itself out as being
entitled to practice dentistry, or furnish dental services or dentists, or
advertise under or assume the title of dentist or dental surgeon or equivalent
title, or furnish dental advice for any compensation, or advertise or hold
itself out with any other person or alone, that it has or owns a dental office
or can furnish dental service or dentists, or solicit through itself, or its
agents, officers, employees, directors or trustees, dental patronage for any
dentist employed by any corporation.
Nothing contained in this Act, however, shall:
(a) prohibit a corporation from employing a dentist
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(b) prohibit a corporation or association from | ||
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(c) prohibit a corporation or association from | ||
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(d) prohibit dental corporations as authorized by | ||
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(e) prohibit dental limited liability partnerships | ||
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(f) prohibit hospitals, public health clinics, | ||
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(g) prohibit dental management service organizations | ||
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Any corporation violating the provisions of this Section is guilty of a
Class A misdemeanor and each day that this Act is violated shall be
considered a separate offense.
(Source: P.A. 91‑520, eff. 1‑1‑00.)
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(225 ILCS 25/44.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 44.1.
Nurses; dental care.
Nurses may be employed by
a dentist and may perform those duties
permitted by their licenses.
(Source: P.A. 92‑280, eff. 1‑1‑02.)
(225 ILCS 25/45)(from Ch. 111, par. 2345)
(Section scheduled to be repealed on January 1, 2016)
Sec. 45.
Advertising.
The purpose of this Section is to authorize and
regulate the advertisement by dentists of information which is intended to
provide the public with a sufficient basis upon which to make an informed
selection of dentists while protecting the public from false or misleading
advertisements which would detract from the fair and rational selection
process.
Any dentist may advertise the availability of dental services in the
public media or on the premises where such dental services are rendered.
Such advertising shall be limited to the following information:
(a) The dental services available;
(b) Publication of the dentist's name, title, office hours, address
and telephone;
(c) Information pertaining to his or her area of specialization, including
appropriate board certification or limitation of professional practice;
(d) Information on usual and customary fees for routine dental services
offered, which information shall include notification that fees may be
adjusted due to complications or unforeseen circumstances;
(e) Announcement of the opening of, change of, absence from, or return
to business;
(f) Announcement of additions to or deletions from professional
dental staff;
(g) The issuance of business or appointment cards;
(h) Other information about the dentist, dentist's practice or the types
of dental services which the dentist offers to perform which a reasonable
person might regard as relevant in determining whether to seek the
dentist's services. However, any advertisement which announces the
availability of endodontics, pediatric dentistry,
periodontics, prosthodontics, orthodontics and dentofacial orthopedics,
oral and maxillofacial
surgery, or oral and maxillofacial radiology by a general dentist or by a
licensed specialist who is not
licensed in that specialty shall include a disclaimer stating that the
dentist does not hold a license in that specialty.
It is unlawful for any dentist licensed under this Act:
(1) To use testimonials or claims of superior
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(2) To advertise in any way to practice dentistry | ||
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(3) To pay a fee to any dental referral service or | ||
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(4) To advertise or offer gifts as an inducement to | ||
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This Act does not authorize the advertising of dental services when the
offeror of such services is not a dentist. Nor shall the dentist use
statements which contain false, fraudulent, deceptive or misleading
material or guarantees of success, statements which play upon the vanity or
fears of the public, or statements which promote or produce unfair competition.
A dentist shall be required to keep a copy of all advertisements for a
period of 3 years. All advertisements in the dentist's possession shall
indicate the accurate date and place of publication.
The Department shall adopt rules to carry out the intent of this Section.
(Source: P.A. 92‑280, eff. 1‑1‑02.)
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(225 ILCS 25/46)(from Ch. 111, par. 2346)
(Section scheduled to be repealed on January 1, 2016)
Sec. 46.
Patient Histories and Examinations.
A dentist may perform a
patient history and examination in the office, clinic or other dental
facility or in a hospital, provided that his credentials have been
approved by the hospital medical staff to perform such procedures and that
such histories and examinations are directly related to or incident to the
performance of dental services, operations or surgery.
(Source: P.A. 84‑365.)
(225 ILCS 25/47)(from Ch. 111, par. 2347)
(Section scheduled to be repealed on January 1, 2016)
Sec. 47.
Dental Laboratories.
Dentists may employ or engage 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. A dental laboratory so employed may, with the knowledge of the
dentist, subcontract with another dental
laboratory for all or a portion of such construction or repair. A dental
laboratory so employed or engaged, when
constructing or repairing such dentures, bridges or replacements,
exclusively, directly and solely for dentists,
and not for the public or any part thereof, shall not be deemed
or considered to be practicing dentistry as defined in this Act.
Dental laboratories may advertise, but such advertisements may be directed
only toward dentists. Each advertisement shall contain the following language:
"Available only to licensed dentists". Advertisements in trade journals
or professional publications for dentists, or direct mail solicitations
addressed to dentists, need not contain such language.
(Source: P.A. 84‑365.)
(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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(2) The patient's name or identification number. If | ||
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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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(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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(3) The date on which the order was written.
(4) A description of the work to be done by the | ||
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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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(7) A copy of the order to the subcontractor shall | ||
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(d) Any dentist who:
(1) employs or engages the services of any dental | ||
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(2) fails to retain a duplicate copy of the | ||
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(3) refuses to allow the Department or its duly | ||
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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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(2) acting as a subcontractor as described in (c) | ||
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(3) fails to retain the original prescription or | ||
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(4) refuses to allow the Department or its duly | ||
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is guilty of
a Class A misdemeanor.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(225 ILCS 25/49)(from Ch. 111, par. 2349)
(Section scheduled to be repealed on January 1, 2016)
Sec. 49.
Identification of dentures.
(a) Every complete upper and
lower denture and removable dental prosthesis fabricated by a dentist,
or fabricated pursuant to his or her prescription, shall
be marked with the name or social security number, or both, of the patient
for whom the prosthesis is intended. The markings shall be done during
fabrication and shall be permanent, legible and cosmetically acceptable.
The exact location of the markings and the methods used to apply or implant
them shall be determined by the dentist or dental laboratory fabricating
the prosthesis. If in the professional judgment of the dentist, this full
identification is not possible, the name or social security number may be omitted.
(b) Any removable dental prosthesis in existence
which was not marked in accordance with paragraph (a)
of this Section at the time of fabrication, shall be so marked at the
time of any subsequent rebasing or duplication.
(Source: P.A. 84‑365.)
(225 ILCS 25/50)(from Ch. 111, par. 2350)
(Section scheduled to be repealed on January 1, 2016)
Sec. 50. Patient Records. Every dentist shall make
a record of all dental work performed for each patient. The record shall
be made in a manner and in sufficient detail that it may be used for
identification purposes.
Dental records required by this Section shall be maintained for 10 years.
Dental records required to be maintained under this Section, or copies
of those dental records, shall be made available upon request to the
patient or the patient's guardian. A dentist shall be entitled to reasonable reimbursement for the cost of reproducing these records, which shall not exceed the cost allowed under Section 8‑2003 of the Code of Civil Procedure.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(225 ILCS 25/51)(from Ch. 111, par. 2351)
(Section scheduled to be repealed on January 1, 2016)
Sec. 51.
Dispensing Drugs or Medicine.
Any dentist who dispenses any drug
or medicine shall dispense such drug or medicine in good faith and shall
affix to the box, bottle, vessel or package containing the same a label
indicating:
(a) the date on which such drug or medicine is dispensed;
(b) the name of the patient;
(c) the last name of the person dispensing such drug or medicine;
(d) the directions for use thereof; and
(e) the proprietary name or names or the established
name or names of the drug or medicine, the dosage and quantity, except as
otherwise authorized by regulation of the Department.
This Section shall not apply to drugs and medicines in a package
which bears a label of the manufacturer containing information describing
its contents which is in compliance with requirements of the Federal Food,
Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act and
which is dispensed without consideration by a dentist.
"Drug" and "medicine" have the meanings ascribed to them in the Pharmacy
Practice Act of 1987, as now or hereafter amended;
"good faith" has the meaning ascribed to it in subsection (v) of Section
102 of the "Illinois Controlled Substances Act", as amended.
(Source: P.A. 85‑1209.)
(225 ILCS 25/53)(from Ch. 111, par. 2353)
(Section scheduled to be repealed on January 1, 2016)
Sec. 53.
Exemption from Civil Liability for Emergency Care.
Exemption
from civil liability for emergency care is as provided in the Good Samaritan
Act.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
(225 ILCS 25/54)(from Ch. 111, par. 2354)
(Section scheduled to be repealed on January 1, 2016)
Sec. 54.
Exemption from Civil Liability for Peer Review Committees.
While serving upon any Peer Review Committee, any dentist shall not be
liable for civil damages as a result of his or her decisions, findings or
recommendations in connection with his or her duties on such committee,
except decisions, findings or recommendations involving his or her wilful
or wanton misconduct. Furthermore, any professional organization,
association or society of dentists, or component thereof, which sponsors,
sanctions or otherwise operates or participates in peer review activities
is hereby afforded the same privileges and immunities afforded to any
member of the peer review committee.
(Source: P.A. 85‑946.)
(225 ILCS 25/54.1)(from Ch. 111, par. 2354.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 54.1.
Immunity from liability for free dental clinic services.
Exemption from civil liability for free dental clinic services is as provided
in the Good Samaritan Act.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
(225 ILCS 25/54.2) (Section scheduled to be repealed on January 1, 2016)
Sec. 54.2. Dental emergency responders. A dentist or dental hygienist who is a dental emergency responder is deemed to be acting within the bounds of his or her license when providing care during a declared local, State, or national emergency.
(Source: P.A. 94‑409, eff. 12‑31‑05.)
(225 ILCS 25/55)(from Ch. 111, par. 2355)
(Section scheduled to be repealed on January 1, 2016)
Sec. 55.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the dentist or dental hygienist has the right to
show compliance with all lawful requirements for retention, continuation or
renewal of the license is specifically
excluded. For the purposes of this Act the notice required under Section 10‑25
of the Administrative Procedure Act is deemed sufficient when mailed to the
last known address of a party.
(Source: P.A. 88‑45; 89‑80, eff. 6‑30‑95; 89‑116, eff. 7‑7‑95.)
(225 ILCS 25/56)(from Ch. 111, par. 2356)
(Section scheduled to be repealed on January 1, 2016)
Sec. 56.
Construction of Act ‑ Existing Injunctions.
The provisions of
this Act insofar as they are the same or substantially the same as those of
any prior law, shall be construed as a continuation of such prior law and
not as a new enactment.
Any existing injunction or temporary restraining order validly obtained
under the prior "The Dental Practice Act" which prohibits unlicensed
practice of dentistry or prohibits or requires any other conduct in
connection with the practice of dentistry shall not be invalidated by the
enactment of this Act and shall continue to have full force and effect on
and after the effective date of this Act.
(Source: P.A. 84‑365.)
(225 ILCS 25/57)(from Ch. 111, par. 2357)
(Section scheduled to be repealed on January 1, 2016)
Sec. 57.
Reinstatement of existing rules and regulations.
All rules and
regulations in
effect on December 31, 1985 and promulgated pursuant to any Act repealed
herein shall remain in full force and effect on the effective date of this
Act without being promulgated again by the Department, except to the extent
any such rule or regulation is inconsistent with any provision of this Act.
(Source: P.A. 89‑80, eff. 6‑30‑95.)
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