(225 ILCS 25/17)
(from Ch. 111, par. 2317)
(Text of Section from P.A. 97-886)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17.
Acts Constituting the Practice of Dentistry.
A person practices dentistry, within the meaning of this Act:
(1) Who represents himself as being able to diagnose
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| or diagnoses, treats, prescribes, or operates for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaw; or |
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(2) Who is a manager, proprietor, operator or |
| 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 |
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(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 |
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(10) Who instructs students on clinical matters or |
| performs any clinical operation included in the curricula of recognized dental schools and colleges; or |
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(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. |
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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 cases |
| in the practice of his or her profession by a physician or surgeon, licensed as such under the laws of this State, unless he undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace lost or missing teeth in the mouth; or |
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(b) The practice of dentistry in the discharge of |
| their official duties by dentists in any branch of the Armed Services of the United States, the United States Public Health Service, or the United States Veterans Administration; or |
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(c) The practice of dentistry by students in their |
| course of study in dental schools or colleges approved by the Department, when acting under the direction and supervision of dentists acting as instructors; or |
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(d) The practice of dentistry by clinical instructors |
| in the course of their teaching duties in dental schools or colleges approved by the Department: |
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(i) when acting under the direction and |
| 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 |
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(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: |
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(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. |
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(2) Removal of, or restoration of, or addition to |
| the hard or soft tissues of the oral cavity, except for the placing, carving, and finishing of amalgam restorations by dental assistants who have had additional formal education and certification as determined by the Department. A dentist utilizing dental assistants shall not supervise more than 4 dental assistants at any one time for placing, carving, and finishing of amalgam restorations. |
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(3) Any and all correction of malformation of |
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(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. A dentist utilizing dental assistants shall not supervise more than 4 dental assistants at any one time for the monitoring of nitrous oxide. |
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(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 and pit and fissure sealants, 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 or pit and fissure sealants. |
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(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. |
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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. |
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The authority to practice shall terminate immediately |
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(1) the decision of the Department that the |
| applicant has failed the examination; or |
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(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12; 97-886, eff. 8-2-12.)
(Text of Section from P.A. 97-1013)
(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 or herself 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 or she 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, except for the placing, carving, and finishing of amalgam restorations by dental assistants who have had additional formal education and certification as determined by the Department. |
|
(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 his or her 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 immediately |
|
(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; 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.) |
(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 or non-disciplinary action as the Department may deem proper, including imposing 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 or misrepresentation in applying for or
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| procuring a license under this Act, or in connection with applying for renewal of a license under this Act. |
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2. Inability to practice with reasonable judgment, |
| skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug. |
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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. |
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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 or her legal representative. Nothing in this item 5 affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this item 5 shall be construed to require an employment arrangement to receive professional fees for services rendered. |
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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. |
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7. Making any misrepresentations or false promises, |
| directly or indirectly, to influence, persuade or induce dental patronage. |
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8. Professional connection or association with or |
| lending his or her 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. |
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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) under the Illinois Public Aid Code. |
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10. Practicing under a false or, except as provided |
|
11. Engaging in dishonorable, unethical, or |
| unprofessional conduct of a character likely to deceive, defraud, or harm the public. |
|
12. Conviction by plea of guilty or nolo contendere, |
| finding of guilt, jury verdict, or entry of judgment or by sentencing for any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that (i) is a felony under the laws of this State or (ii) is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of dentistry. |
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13. Permitting a dental hygienist, dental assistant |
| or other person under his or her supervision to perform any operation not authorized by this Act. |
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14. Permitting more than 4 dental hygienists to be |
| employed under his or her supervision at any one time. |
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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 |
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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. |
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20. Gross negligence in practice under this Act.
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 or her 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 |
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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. Gross or repeated irregularities in billing 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. |
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(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for |
| the purpose of obtaining payment not earned. |
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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. |
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28. Violating the Health Care Worker Self-Referral |
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29. Abandonment of a patient.
30. Mental incompetency as declared by a court of |
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31. A finding by the Department that the licensee, |
| after having his or her license placed on probationary status, has violated the terms of probation. |
|
32. Material misstatement in furnishing information |
|
33. Failing, within 60 days, to provide information |
| in response to a written request by the Department in the course of an investigation. |
|
34. Immoral conduct in the commission of any act, |
| including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice. |
|
35. Cheating on or attempting to subvert the |
| licensing examination administered under this Act. |
|
36. A pattern of practice or other behavior that |
| demonstrates incapacity or incompetence to practice under this Act. |
|
37. Failure to establish and maintain records of |
| patient care and treatment as required under this Act. |
|
38. Failure to provide copies of dental records as |
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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. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11; 97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.) |
(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 or non-disciplinary action as the Department may deem proper, including imposing fines not to exceed $10,000 per violation, with regard to any dental hygienist license for any one or any combination of the following causes:
1. Fraud or misrepresentation in applying for or
|
| procuring a license under this Act, or in connection with applying for renewal of a license under this Act. |
|
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. Inability to practice with reasonable judgment, |
| skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug. |
|
9. Conviction by plea of guilty or nolo contendere, |
| finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that (i) is a felony or (ii) is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of dental hygiene. |
|
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. |
|
15. A finding by the Department that the licensee, |
| after having his or her license placed on probationary status, has violated the terms of probation. |
|
16. Material misstatement in furnishing information |
|
17. Failing, within 60 days, to provide information |
| in response to a written request by the Department in the course of an investigation. |
|
18. Immoral conduct in the commission of any act, |
| including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice. |
|
19. Cheating on or attempting to subvert the |
| licensing examination administered under this Act. |
|
20. Violations of this Act or of the rules |
| promulgated under this Act. |
|
21. Practicing under a false or, except as provided |
|
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. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.) |