(225 ILCS 25/8.1)
(from Ch. 111, par. 2308.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.1.
Permit for the administration of anesthesia and sedation.
(a) No licensed dentist shall administer general anesthesia, deep sedation, 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, deep sedation, 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.
(b) In determining the minimum permit qualifications that are necessary to protect public safety, the Department, by rule, shall:
(1) establish the minimum educational and training
| requirements necessary for a dentist to be issued an appropriate permit; | |
(2) establish the standards for properly equipped |
| dental facilities (other than licensed hospitals and ambulatory surgical treatment centers) in which general anesthesia, deep sedation, or conscious sedation is administered, as necessary to protect public safety; | |
(3) establish minimum requirements for all persons |
| who assist the dentist in the administration of general anesthesia, deep sedation, or conscious sedation, including minimum training requirements for each member of the dental team, monitoring requirements, recordkeeping requirements, and emergency procedures; and | |
(4) ensure that the dentist and all persons assisting |
| the dentist or monitoring the administration of general anesthesia, deep sedation, or conscious sedation maintain current certification in Basic Life Support (BLS). | |
(5) establish continuing education requirements in |
| sedation techniques for dentists who possess a permit under this Section. | |
When establishing requirements under this Section, the |
| Department shall consider the current American Dental Association guidelines on sedation and general anesthesia, the current "Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures" established by the American Academy of Pediatrics and the American Academy of Pediatric Dentistry, and the current parameters of care and Office Anesthesia Evaluation (OAE) Manual established by the American Association of Oral and Maxillofacial Surgeons. | |
(c) A licensed dentist must hold an appropriate permit |
| issued under this Section in order to perform dentistry while a nurse anesthetist administers conscious sedation, and a valid written collaborative agreement must exist between the dentist and the nurse anesthetist, in accordance with the Nurse Practice Act. | |
A licensed dentist must hold an appropriate permit issued |
| under this Section in order to perform dentistry while a nurse anesthetist administers deep sedation or general anesthesia, and a valid written collaborative agreement must exist between the dentist and the nurse anesthetist, in accordance with the Nurse Practice Act. | |
For the purposes of this subsection (c), "nurse |
| anesthetist" means a licensed certified registered nurse anesthetist who holds a license as an advanced practice nurse. | |
(Source: P.A. 95‑399, eff. 1‑1‑08; 95‑639, eff. 1‑1‑08; 96‑328, eff. 8‑11‑09.) |
(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
|
|
(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 that is accredited by the Commission on Dental Accreditation of the American Dental Association; 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 |
| academic years of general dental clinical training at a dental college or school in the United States or Canada approved by the Department, however, an accredited advanced dental education program approved by the Department of no less than 2 years may be substituted for the 2 academic years of general dental clinical training and an applicant who was enrolled for not less than one year in an approved clinical program prior to January 1, 1993 at an Illinois dental college or school shall be required to complete only that program; and |
|
(C) the applicant has received certification from |
| the dean of an approved dental college or school in the United States or Canada or the program director of an approved advanced dental education program stating that the applicant has achieved the same level of scientific knowledge and clinical competence as required of all graduates of the college, school, or advanced dental education program. |
|
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) (Blank).
(e) Present satisfactory evidence that the applicant |
| has passed both parts of the National Board Dental Examination administered by the Joint Commission on National Dental Examinations and has successfully completed an examination conducted by one of the following regional testing services: the Central Regional Dental Testing Service, Inc. (CRDTS), the Southern Regional Testing Agency, Inc. (SRTA), the Western Regional Examining Board (WREB), or the North East Regional Board (NERB). For purposes of this Section, successful completion shall mean that the applicant has achieved a minimum passing score as determined by the applicable regional testing service. The Secretary of the Department may suspend a regional testing service under this subsection (e) if, after proper notice and hearing, it is established that (i) the integrity of the examination has been breached so as to make future test results unreliable or (ii) the test is fundamentally deficient in testing clinical competency. |
|
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.
(Source: P.A. 96‑14, eff. 6‑19‑09; 96‑1000, eff. 7‑2‑10; 96‑1222, eff. 7‑23‑10.) |
(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
| of good moral character. In determining moral character under this Section, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as bar to licensure; | |
(2) The applicant has been accepted or appointed for |
| specialty or residency training by an approved hospital situated in this State, by an approved dental school situated in this State, or by a public health agency in this State the training programs of which are recognized and approved by the Department. The applicant shall indicate the beginning and ending dates of the period for which he or she has been accepted or appointed; | |
(3) The applicant is a graduate of a dental school |
| or college approved and in good standing in the judgment of the Department. The Department may consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded to determine if an applicant has graduated from a dental school or college approved and in good standing. The Department may also consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded in determining whether a dental school or college is approved and in good standing. | |
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 |
| good moral character and is licensed to practice dentistry in another state or country; and | |
(2) The applicant has a full‑time appointment to |
| teach dentistry at an approved dental school or hospital situated in this State. | |
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.) |
(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
| or diagnoses, treats, prescribes, or operates for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaw; or | |
(2) Who is a manager, proprietor, operator or |
| conductor of a business where dental operations are performed; or | |
(3) Who performs dental operations of any kind; or
(4) Who uses an X‑Ray machine or X‑Ray films for |
| dental diagnostic purposes; or | |
(5) Who extracts a human tooth or teeth, or corrects |
| or attempts to correct malpositions of the human teeth or jaws; or | |
(6) Who offers or undertakes, by any means or |
| method, to diagnose, treat or remove stains, calculus, and bonding materials from human teeth or jaws; or | |
(7) Who uses or administers local or general |
| anesthetics in the treatment of dental or oral diseases or in any preparation incident to a dental operation of any kind or character; or | |
(8) Who takes impressions of the human tooth, teeth, |
| or jaws or performs any phase of any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated tissues by means of a filling, crown, a bridge, a denture or other appliance; or | |
(9) Who offers to furnish, supply, construct, |
| reproduce or repair, or who furnishes, supplies, constructs, reproduces or repairs, prosthetic dentures, bridges or other substitutes for natural teeth, to the user or prospective user thereof; or | |
(10) Who instructs students on clinical matters or |
| performs any clinical operation included in the curricula of recognized dental schools and colleges; or | |
(11) Who takes impressions of human teeth or places |
| his or her hands in the mouth of any person for the purpose of applying teeth whitening materials, or who takes impressions of human teeth or places his or her hands in the mouth of any person for the purpose of assisting in the application of teeth whitening materials. A person does not practice dentistry when he or she discloses to the consumer that he or she is not licensed as a dentist under this Act and (i) discusses the use of teeth whitening materials with a consumer purchasing these materials; (ii) provides instruction on the use of teeth whitening materials with a consumer purchasing these materials; or (iii) provides appropriate equipment on‑site to the consumer for the consumer to self‑apply teeth whitening materials. | |
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 |
| cases in the practice of his or her profession by a physician or surgeon, licensed as such under the laws of this State, unless he undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace lost or missing teeth in the mouth; or | |
(b) The practice of dentistry in the discharge of |
| their official duties by dentists in any branch of the Armed Services of the United States, the United States Public Health Service, or the United States Veterans Administration; or | |
(c) The practice of dentistry by students in their |
| course of study in dental schools or colleges approved by the Department, when acting under the direction and supervision of dentists acting as instructors; or | |
(d) The practice of dentistry by clinical |
| instructors in the course of their teaching duties in dental schools or colleges approved by the Department: | |
(i) when acting under the direction and |
| supervision of dentists, provided that such clinical instructors have instructed continuously in this State since January 1, 1986; or | |
(ii) when holding the rank of full professor at |
| such approved dental school or college and possessing a current valid license or authorization to practice dentistry in another country; or | |
(e) The practice of dentistry by licensed dentists |
| of other states or countries at meetings of the Illinois State Dental Society or component parts thereof, alumni meetings of dental colleges, or any other like dental organizations, while appearing as clinicians; or | |
(f) The use of X‑Ray machines for exposing X‑Ray |
| films of dental or oral tissues by dental hygienists or dental assistants; or | |
(g) The performance of any dental service by a |
| dental assistant, if such service is performed under the supervision and full responsibility of a dentist. | |
For purposes of this paragraph (g), "dental service" |
| is defined to mean any intraoral procedure or act which shall be prescribed by rule or regulation of the Department. Dental service, however, shall not include: | |
(1) Any and all diagnosis of or prescription for |
| treatment of disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structures. | |
(2) Removal of, or restoration of, or addition |
| to the hard or soft tissues of the oral cavity. | |
(3) Any and all correction of malformation of |
|
(4) Administration of anesthetics, except for |
| application of topical anesthetics and monitoring of nitrous oxide. Monitoring of nitrous oxide may be performed after successful completion of a training program approved by the Department. | |
(5) Removal of calculus from human teeth.
(6) Taking of impressions for the fabrication of |
| prosthetic appliances, crowns, bridges, inlays, onlays, or other restorative or replacement dentistry. | |
(7) The operative procedure of dental hygiene |
| consisting of oral prophylactic procedures, except for coronal polishing, which may be performed by a dental assistant who has successfully completed a training program approved by the Department. Dental assistants may perform coronal polishing under the following circumstances: (i) the coronal polishing shall be limited to polishing the clinical crown of the tooth and existing restorations, supragingivally; (ii) the dental assistant performing the coronal polishing shall be limited to the use of rotary instruments using a rubber cup or brush polishing method (air polishing is not permitted); and (iii) the supervising dentist shall not supervise more than 4 dental assistants at any one time for the task of coronal polishing. | |
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in |
| form and substance satisfactory to the Department, for a general dental license and has complied with all provisions of Section 9 of this Act, except for the passage of the examination specified in subsection (e), of Section 9, of this Act; or | |
(ii) has applied in writing to the Department, |
| in form and substance satisfactory to the Department, for a temporary dental license and has complied with all provisions of subsection (c), of Section 11, of this Act; and | |
(iii) has been accepted or appointed for |
| specialty or residency training by a hospital situated in this State; or | |
(iv) has been accepted or appointed for |
| specialty training in an approved dental program situated in this State; or | |
(v) has been accepted or appointed for specialty |
| training in a dental public health agency situated in this State. | |
The applicant shall be permitted to practice |
| dentistry for a period of 3 months from the starting date of the program, unless authorized in writing by the Department to continue such practice for a period specified in writing by the Department. | |
The applicant shall only be entitled to perform such |
| acts as may be prescribed by and incidental to their program of residency or specialty training and shall not otherwise engage in the practice of dentistry in this State. | |
The authority to practice shall terminate |
|
(1) the decision of the Department that the |
| applicant has failed the examination; or | |
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 96‑617, eff. 8‑24‑09.) |
(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,
| consisting of oral prophylactic procedures; | |
(ii) the exposure and processing of X‑Ray films |
| of the teeth and surrounding structures; | |
(iii) the application to the surfaces of the |
| teeth or gums of chemical compounds designed to be desensitizing agents or effective agents in the prevention of dental caries or periodontal disease; | |
(iv) all services which may be performed by a |
| dental assistant as specified by rule pursuant to Section 17; | |
(v) administration and monitoring of nitrous |
| oxide upon successful completion of a training program approved by the Department; | |
(vi) administration of local anesthetics upon |
| successful completion of a training program approved by the Department; and | |
(vii) such other procedures and acts as shall be |
| prescribed by rule or regulation of the Department. | |
(b) A dental hygienist may be employed or engaged only:
(1) by a dentist;
(2) by a federal, State, county, or municipal agency |
|
(3) by a public or private school; or
(4) by a public clinic operating under the direction |
| of a hospital or federal, State, county, municipal, or other public agency or institution. | |
(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 .) |
(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
|
3. Willful 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 Healthcare and Family Services (formerly 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 |
|
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 |
|
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 Department of Healthcare and Family Services (formerly Illinois Department of Public Aid). | |
23. Professional incompetence as manifested by poor |
|
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 obtaining a total payment in excess of that usually received by the dentist for the services rendered. | |
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for |
| the purpose of obtaining payment not earned. | |
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 |
|
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of |
|
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. 94‑1014, eff. 7‑7‑06.) |
(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
|
3. Practicing dental hygiene other than under the |
| supervision of a licensed dentist as provided by this Act. | |
4. The wilful violation of, or the wilful procuring |
| of, or knowingly assisting in the violation of, any Act which is now or which hereafter may be in force in this State relating to the use of habit‑forming drugs. | |
5. The obtaining of, or an attempt to obtain a |
| license, or practice in the profession, or money, or any other thing of value by fraudulent representation. | |
6. Gross negligence in performing the operative |
| procedure of dental hygiene. | |
7. Active practice of dental hygiene while knowingly |
| having any infectious, communicable, or contagious disease proscribed by rule or regulation of the Department. | |
8. Habitual intoxication or addiction to the use of |
|
9. 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, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust. | |
10. Aiding or abetting the unlicensed practice of |
| dentistry or dental hygiene. | |
11. Discipline by another U.S. jurisdiction or a |
| foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act. | |
12. Violating the Health Care Worker Self‑Referral |
|
13. Violating the prohibitions of Section 38.1 of |
|
14. Engaging in dishonorable, unethical, or |
| unprofessional conduct of a character likely to deceive, defraud, or harm the public. | |
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.) |
(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
| entity which can provide dental services under this Act; | |
(2) directs or controls the use of any dental |
| equipment or material while such equipment or material is being used for the provision of dental services, provided that this provision shall not be construed to prohibit a person from obtaining professional advice or assistance in obtaining or from leasing the equipment or material, provided the advice, assistance, or lease does not restrict or interfere with the custody, control, or use of the equipment or material by the person; | |
(3) directs, controls or interferes with a dentist's |
| or dental hygienist's clinical judgment; or | |
(4) exercises direction or control, by written |
| contract, license, or otherwise, over a dentist, dental hygienist, or other entity which can provide dental services under this Act in the selection of a course of treatment; limitation of patient referrals; content of patient records; policies and decisions relating to refunds (if the refund payment would be reportable under federal law to the National Practitioner Data Bank) and warranties and the clinical content of advertising; and final decisions relating to employment of dental assistants and dental hygienists. Nothing in this Act shall, however, be construed as prohibiting the seeking or giving of advice or assistance with respect to these matters. | |
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.
This Section does not apply to an executor, administrator, guardian, or authorized representative contracting with another dentist or dentists to continue the operations of a deceased or incapacitated dentist's practice under Section 38.2 of this Act.
(Source: P.A. 94‑1028, eff. 1‑1‑07.) |
(225 ILCS 25/38.2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 38.2.
Death or incapacitation of dentist.
(a) The executor or administrator of a dentist's estate or the legal guardian or authorized representative of a dentist who has become incapacitated may contract with another dentist or dentists to continue the operations of the deceased or incapacitated dentist's practice (if the practice of the deceased or incapacitated dentist is a sole proprietorship, a corporation where the deceased or incapacitated dentist is the sole shareholder, or a limited liability company where the deceased or incapacitated dentist is the sole member) for a period of no more than one year from the time of death or incapacitation of the dentist or until the practice is sold, whichever occurs first, if all the following conditions are met:
(1) The executor, administrator, guardian, or
| authorized representative executes and files with the Department a notification of death or incapacitation on a form provided by the Department, which notification shall include the following: | |
(A) the name and license number of the deceased |
| or incapacitated dentist; | |
(B) the name and address of the dental practice;
(C) the name, address, and tax identification |
|
(D) the name and license number of each dentist |
| who will operate the dental practice; and | |
(E) an affirmation, under penalty of perjury, |
| that the information provided is true and correct and that the executor, administrator, guardian, or authorized representative understands that any interference by the executor, administrator, guardian, or authorized representative or any agent or assignee of the executor, administrator, guardian, or authorized representative with the contracting dentist's or dentists' practice of dentistry or professional judgment or any other violation of this Section is grounds for an immediate termination of the operations of the dental practice. | |
(2) Within 30 days after the death or incapacitation |
| of a dentist, the executor, administrator, guardian, or authorized representative shall send notification of the death or incapacitation by mail to the last known address of each patient of record that has seen the deceased or incapacitated dentist within the previous 12 months, with an explanation of how copies of the practitioner's records may be obtained. This notice may also contain any other relevant information concerning the continuation of the dental practice. | |
Continuation of the operations of the dental practice of |
| a deceased or incapacitated dentist shall not begin until the provisions of this subsection (a) have been met. | |
(b) The Secretary may terminate the operations of a dental practice operating pursuant to this Section if the Department has evidence of a violation of this Section or Section 23 or 24 of this Act. The Secretary must conduct a hearing before terminating the operations of a dental practice operating pursuant to this Section. At least 15 days before the hearing date, the Department (i) must notify, in writing, the executor, administrator, guardian, or authorized representative at the address provided, pursuant to item (C) of subdivision (1) of subsection (a) of this Section, and to the contracting dentist or dentists at the address of the dental practice provided pursuant to item (B) of subdivision (1) of subsection (a) of this Section, of any charges made and of the time and place of the hearing on the charges before the Secretary or hearing officer, as provided in Section 30 of this Act, (ii) direct the executor, administrator, guardian, or authorized representative to file his or her written answer to such charges with the Secretary under oath within 10 days after the service on the executor, administrator, guardian, or authorized representative of the notice, and (iii) inform the executor, administrator, guardian, or authorized representative that if he or she fails to file such answer, a default judgment will be entered against him or her and the operations of the dental practice shall be terminated.
(c) If the Secretary finds that evidence in his or her |
| possession indicates that a violation of this Section or Section 23 or 24 of this Act constitutes an immediate threat to the public health, safety, or welfare, the Secretary may immediately terminate the operations of the dental practice without a hearing. Upon service by certified mail to the executor, administrator, guardian, or authorized representative, at the address provided pursuant to item (C) of subdivision (1) of subsection (a) of this Section, and the contracting dentist or dentists, at the address of the dental practice provided pursuant to item (B) of subdivision (1) of subsection (a) of this Section, of notice of an order immediately terminating the operations of the dental practice, the executor, administrator, guardian, or authorized representative may petition the Department within 30 days for a hearing to take place within 30 days after the petition is filed. | |
(d) The Department may require, by rule, the submission |
| to the Department of any additional information necessary for the administration of this Section. | |
(Source: P.A. 94‑1028, eff. 1‑1‑07.) |
(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
| which the prescription is directed. | |
(2) The patient's name or identification number. If |
| a number is used, the patient's name shall be written upon the duplicate copy of the prescription retained by the dentist. | |
(3) The date on which the prescription was written.
(4) A description of the work to be done, including |
|
(5) A specification of the type and quality of |
|
(6) The signature of the dentist and the number of |
| his or her license to practice dentistry. | |
(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 |
| prescription, which number shall be endorsed on the prescription received from the dentist. | |
(3) The date on which the order was written.
(4) A description of the work to be done by the |
| subcontractor, including diagrams if necessary. | |
(5) A specification of the type and quality of |
|
(6) The signature of an agent of the dental |
| laboratory issuing the order. The subcontractor shall retain the order and the issuer thereof shall retain a duplicate copy, attached to the prescription received from the dentist, for inspection by the Department or its duly authorized agents, for a period of 3 years in both cases. | |
(7) A copy of the order to the subcontractor shall |
| be furnished to the dentist. | |
(c‑5) Regardless of whether the dental laboratory manufactures the dental appliance or has it manufactured by a subcontractor, the laboratory shall provide to the prescribing dentist the (i) location where the work was done and (ii) source and original location where the materials were obtained.
(d) Any dentist who:
(1) employs or engages the services of any dental |
| laboratory to construct or repair, extraorally, prosthetic dentures, bridges, or other dental appliances without first providing such dental laboratory with a written prescription; | |
(2) fails to retain a duplicate copy of the |
| prescription for 3 years; or | |
(3) refuses to allow the Department or its duly |
| authorized agents to inspect his or her files of prescriptions; | |
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 |
| first obtaining a written prescription therefor from such dentist; | |
(2) acting as a subcontractor as described in (c) |
| above, furnishes such services to any dental laboratory without first obtaining a written order from such dental laboratory; | |
(3) fails to retain the original prescription or |
| order, as the case may be, for 3 years; | |
(4) refuses to allow the Department or its duly |
| authorized agents to inspect its files of prescriptions or orders; or | |
(5) fails to provide any information required under |
| this Section to the prescribing dentist; | |
is guilty of a Class A misdemeanor.
(Source: P.A. 94‑1014, eff. 7‑7‑06.) |