Bill Amendment: IL SB2586 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DENTAL PRACTICE-CLEAR ALIGNERS
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0902 [SB2586 Detail]
Download: Illinois-2023-SB2586-Senate_Amendment_003.html
Bill Title: DENTAL PRACTICE-CLEAR ALIGNERS
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0902 [SB2586 Detail]
Download: Illinois-2023-SB2586-Senate_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 2586 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2586 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 18.1, and 23 and by adding Section 17.2 as | ||||||
6 | follows:
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7 | (225 ILCS 25/4) | ||||||
8 | (Section scheduled to be repealed on January 1, 2026) | ||||||
9 | Sec. 4. Definitions. As used in this Act: | ||||||
10 | "Address of record" means the designated address recorded | ||||||
11 | by the Department in the applicant's or licensee's application | ||||||
12 | file or license file as maintained by the Department's | ||||||
13 | licensure maintenance unit. It is the duty of the applicant or | ||||||
14 | licensee to inform the Department of any change of address and | ||||||
15 | those changes must be made either through the Department's | ||||||
16 | website or by contacting the Department. |
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1 | "Department" means the Department of Financial and | ||||||
2 | Professional Regulation. | ||||||
3 | "Secretary" means the Secretary of Financial and | ||||||
4 | Professional Regulation. | ||||||
5 | "Board" means the Board of Dentistry. | ||||||
6 | "Dentist" means a person who has received a general | ||||||
7 | license pursuant to paragraph (a) of Section 11 of this Act and | ||||||
8 | who may perform any intraoral and extraoral procedure required | ||||||
9 | in the practice of dentistry and to whom is reserved the | ||||||
10 | responsibilities specified in Section 17. | ||||||
11 | "Dental hygienist" means a person who holds a license | ||||||
12 | under this Act to perform dental services as authorized by | ||||||
13 | Section 18. | ||||||
14 | "Dental assistant" means an appropriately trained person | ||||||
15 | who, under the supervision of a dentist, provides dental | ||||||
16 | services as authorized by Section 17. | ||||||
17 | "Expanded function dental assistant" means a dental | ||||||
18 | assistant who has completed the training required by Section | ||||||
19 | 17.1 of this Act. | ||||||
20 | "Dental laboratory" means a person, firm, or corporation | ||||||
21 | which: | ||||||
22 | (i) engages in making, providing, repairing, or | ||||||
23 | altering dental prosthetic appliances and other artificial | ||||||
24 | materials and devices which are returned to a dentist for | ||||||
25 | insertion into the human oral cavity or which come in | ||||||
26 | contact with its adjacent structures and tissues; and |
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1 | (ii) utilizes or employs a dental technician to | ||||||
2 | provide such services; and | ||||||
3 | (iii) performs such functions only for a dentist or | ||||||
4 | dentists. | ||||||
5 | "Supervision" means supervision of a dental hygienist or a | ||||||
6 | dental assistant requiring that a dentist authorize the | ||||||
7 | procedure, remain in the dental facility while the procedure | ||||||
8 | is performed, and approve the work performed by the dental | ||||||
9 | hygienist or dental assistant before dismissal of the patient, | ||||||
10 | but does not mean that the dentist must be present at all times | ||||||
11 | in the treatment room. | ||||||
12 | "General supervision" means supervision of a dental | ||||||
13 | hygienist requiring that the patient be a patient of record, | ||||||
14 | that the dentist examine the patient in accordance with | ||||||
15 | Section 18 prior to treatment by the dental hygienist, and | ||||||
16 | that the dentist authorize the procedures which are being | ||||||
17 | carried out by a notation in the patient's record, but not | ||||||
18 | requiring that a dentist be present when the authorized | ||||||
19 | procedures are being performed. The issuance of a prescription | ||||||
20 | to a dental laboratory by a dentist does not constitute | ||||||
21 | general supervision. | ||||||
22 | "Public member" means a person who is not a health | ||||||
23 | professional. For purposes of board membership, any person | ||||||
24 | with a significant financial interest in a health service or | ||||||
25 | profession is not a public member. | ||||||
26 | "Dentistry" means the healing art which is concerned with |
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1 | the examination, diagnosis, treatment planning, and care of | ||||||
2 | conditions within the human oral cavity and its adjacent | ||||||
3 | tissues and structures, as further specified in Section 17. | ||||||
4 | "Branches of dentistry" means the various specialties of | ||||||
5 | dentistry which, for purposes of this Act, shall be limited to | ||||||
6 | the following: endodontics, oral and maxillofacial surgery, | ||||||
7 | orthodontics and dentofacial orthopedics, pediatric dentistry, | ||||||
8 | periodontics, prosthodontics, oral and maxillofacial | ||||||
9 | radiology, and dental anesthesiology. | ||||||
10 | "Specialist" means a dentist who has received a specialty | ||||||
11 | license pursuant to Section 11(b). | ||||||
12 | "Dental technician" means a person who owns, operates, or | ||||||
13 | is employed by a dental laboratory and engages in making, | ||||||
14 | providing, repairing, or altering dental prosthetic appliances | ||||||
15 | and other artificial materials and devices which are returned | ||||||
16 | to a dentist for insertion into the human oral cavity or which | ||||||
17 | come in contact with its adjacent structures and tissues. | ||||||
18 | "Informed consent" means legally valid consent that is | ||||||
19 | given by a patient or legal guardian, that is recorded in | ||||||
20 | writing or digitally, that authorizes intervention or | ||||||
21 | treatment services from the treating dentist, and that | ||||||
22 | documents agreement to participate in those services and | ||||||
23 | knowledge of the risks, benefits, and alternatives, including | ||||||
24 | the decision to withdraw from or decline treatment. | ||||||
25 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
26 | dentist or dental hygienist who is unable to practice with |
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1 | reasonable skill and safety because of a physical or mental | ||||||
2 | disability as evidenced by a written determination or written | ||||||
3 | consent based on clinical evidence, including deterioration | ||||||
4 | through the aging process, loss of motor skills, abuse of | ||||||
5 | drugs or alcohol, or a psychiatric disorder, of sufficient | ||||||
6 | degree to diminish the person's ability to deliver competent | ||||||
7 | patient care. | ||||||
8 | "Nurse" means a registered professional nurse, a certified | ||||||
9 | registered nurse anesthetist licensed as an advanced practice | ||||||
10 | registered nurse, or a licensed practical nurse licensed under | ||||||
11 | the Nurse Practice Act. | ||||||
12 | "Patient of record" , except as provided in Section 17.2, | ||||||
13 | means a patient for whom the patient's most recent dentist has | ||||||
14 | obtained a relevant medical and dental history and on whom the | ||||||
15 | dentist has performed a physical an examination within the | ||||||
16 | last year and evaluated the condition to be treated , including | ||||||
17 | a review of the patient's most recent x-rays . | ||||||
18 | "Dental responder" means a dentist or dental hygienist who | ||||||
19 | is appropriately certified in disaster preparedness, | ||||||
20 | immunizations, and dental humanitarian medical response | ||||||
21 | consistent with the Society of Disaster Medicine and Public | ||||||
22 | Health and training certified by the National Incident | ||||||
23 | Management System or the National Disaster Life Support | ||||||
24 | Foundation. | ||||||
25 | "Mobile dental van or portable dental unit" means any | ||||||
26 | self-contained or portable dental unit in which dentistry is |
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1 | practiced that can be moved, towed, or transported from one | ||||||
2 | location to another in order to establish a location where | ||||||
3 | dental services can be provided. | ||||||
4 | "Public health dental hygienist" means a hygienist who | ||||||
5 | holds a valid license to practice in the State, has 2 years of | ||||||
6 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
7 | of clinical experience, and has completed at least 42 clock | ||||||
8 | hours of additional structured courses in dental education in | ||||||
9 | advanced areas specific to public health dentistry. | ||||||
10 | "Public health setting" means a federally qualified health | ||||||
11 | center; a federal, State, or local public health facility; | ||||||
12 | Head Start; a special supplemental nutrition program for | ||||||
13 | Women, Infants, and Children (WIC) facility; a certified | ||||||
14 | school-based health center or school-based oral health | ||||||
15 | program; a prison; or a long-term care facility. | ||||||
16 | "Public health supervision" means the supervision of a | ||||||
17 | public health dental hygienist by a licensed dentist who has a | ||||||
18 | written public health supervision agreement with that public | ||||||
19 | health dental hygienist while working in an approved facility | ||||||
20 | or program that allows the public health dental hygienist to | ||||||
21 | treat patients, without a dentist first examining the patient | ||||||
22 | and being present in the facility during treatment, (1) who | ||||||
23 | are eligible for Medicaid or (2) who are uninsured or whose | ||||||
24 | household income is not greater than 300% of the federal | ||||||
25 | poverty level. | ||||||
26 | "Teledentistry" means the use of telehealth systems and |
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1 | methodologies in dentistry and includes patient diagnosis, | ||||||
2 | treatment planning, care , and education delivery for a patient | ||||||
3 | of record using synchronous and asynchronous communications | ||||||
4 | under an Illinois licensed a dentist's authority as provided | ||||||
5 | under this Act. | ||||||
6 | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | ||||||
7 | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | ||||||
8 | 1-1-24; revised 12-15-23.)
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9 | (225 ILCS 25/17.2 new) | ||||||
10 | Sec. 17.2. Teledentistry. | ||||||
11 | (a) As used in this Section, "patient of record" means a | ||||||
12 | patient for whom the patient's most recent Illinois-licensed | ||||||
13 | dentist has obtained a relevant medical and dental history and | ||||||
14 | on whom the dentist has (i) performed a physical examination | ||||||
15 | within the last year or (ii) obtained records from an | ||||||
16 | in-person examination within the previous 12 months which | ||||||
17 | evaluated the condition to be treated, including a review of | ||||||
18 | the patient's most recent x-rays. | ||||||
19 | (b) A dentist may only practice or utilize teledentistry | ||||||
20 | on a patient of record. A dentist practicing dentistry through | ||||||
21 | teledentistry is subject to the same standard of care and | ||||||
22 | practice standards that are applicable to dental services | ||||||
23 | provided in a clinic or office setting. A dentist may provide | ||||||
24 | and delegate dental services using teledentistry only under | ||||||
25 | the supervision requirements as specified in this Act for |
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1 | in-person care. Prior to providing teledentistry services to a | ||||||
2 | patient, a dentist must obtain informed consent from the | ||||||
3 | patient as to the treatment proposed to be offered through | ||||||
4 | teledentistry by the dentist. A dentist providing | ||||||
5 | teledentistry under this Section shall provide the patient | ||||||
6 | with the his or her name, direct telephone number, and | ||||||
7 | physical practice address. It is a violation of this Act for a | ||||||
8 | provider of dental services rendering care through | ||||||
9 | teledentistry to require a patient to sign an agreement that | ||||||
10 | limits in any way the patient's ability to write a review of | ||||||
11 | services received or file a complaint with the Department or | ||||||
12 | other regulatory agency. A dentist may treat a patient through | ||||||
13 | teledentistry in the absence of a provider-patient | ||||||
14 | relationship when, in the professional judgment of the | ||||||
15 | dentist, dental or medical emergency care is required. The | ||||||
16 | Department shall adopt rules to provide for the use of | ||||||
17 | teledentistry in the State of Illinois.
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18 | (225 ILCS 25/18.1) | ||||||
19 | (Section scheduled to be repealed on January 1, 2026) | ||||||
20 | Sec. 18.1. Public health dental supervision | ||||||
21 | responsibilities. | ||||||
22 | (a) When working together in a public health supervision | ||||||
23 | relationship, dentists and public health dental hygienists | ||||||
24 | shall enter into a public health supervision agreement. The | ||||||
25 | dentist providing public health supervision must: |
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1 | (1) be available to provide an appropriate level of | ||||||
2 | contact, communication, collaboration, and consultation | ||||||
3 | with the public health dental hygienist and must meet | ||||||
4 | in-person with the public health dental hygienist at least | ||||||
5 | quarterly for review and consultation; | ||||||
6 | (2) have specific standing orders or policy guidelines | ||||||
7 | for procedures that are to be carried out for each | ||||||
8 | location or program, although the dentist need not be | ||||||
9 | present when the procedures are being performed; | ||||||
10 | (3) provide for the patient's additional necessary | ||||||
11 | care in consultation with the public health dental | ||||||
12 | hygienist; | ||||||
13 | (4) file agreements and notifications as required; and | ||||||
14 | (5) include procedures for creating and maintaining | ||||||
15 | dental records, including protocols for transmission of | ||||||
16 | all records between the public health dental hygienist and | ||||||
17 | the dentist following each treatment, which shall include | ||||||
18 | a notation regarding procedures authorized by the dentist | ||||||
19 | and performed by the public health dental hygienist and | ||||||
20 | the location where those records are to be kept. | ||||||
21 | Each dentist and hygienist who enters into a public health | ||||||
22 | supervision agreement must document and maintain a copy of any | ||||||
23 | change or termination of that agreement. | ||||||
24 | Dental records shall be owned and maintained by the | ||||||
25 | supervising dentist for all patients treated under public | ||||||
26 | health supervision, unless the supervising dentist is an |
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1 | employee of a public health clinic or federally qualified | ||||||
2 | health center, in which case the public health clinic or | ||||||
3 | federally qualified health center shall maintain the records. | ||||||
4 | If a dentist ceases to be employed or contracted by the | ||||||
5 | facility, the dentist shall notify the facility administrator | ||||||
6 | that the public health supervision agreement is no longer in | ||||||
7 | effect. A new public health supervision agreement is required | ||||||
8 | for the public health dental hygienist to continue treating | ||||||
9 | patients under public health supervision. | ||||||
10 | A dentist entering into an agreement under this Section | ||||||
11 | may supervise and enter into agreements for public health | ||||||
12 | supervision with 4 public health dental hygienists. This shall | ||||||
13 | be in addition to the limit of 4 dental hygienists per dentist | ||||||
14 | set forth in subsection (g) of Section 18 of this Act. | ||||||
15 | (b) A public health dental hygienist providing services | ||||||
16 | under public health supervision may perform only those duties | ||||||
17 | within the accepted scope of practice of dental hygiene, as | ||||||
18 | follows: | ||||||
19 | (1) the operative procedures of dental hygiene, | ||||||
20 | consisting of oral prophylactic procedures, including | ||||||
21 | prophylactic cleanings, application of fluoride, and | ||||||
22 | placement of sealants; | ||||||
23 | (2) the exposure and processing of x-ray films of the | ||||||
24 | teeth and surrounding structures; and | ||||||
25 | (3) such other procedures and acts as shall be | ||||||
26 | prescribed by rule of the Department. |
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1 | Any patient treated under this subsection (b) must be | ||||||
2 | examined by a dentist before additional services can be | ||||||
3 | provided by a public health dental hygienist. However, if the | ||||||
4 | supervising dentist, after consultation with the public health | ||||||
5 | hygienist, determines that time is needed to complete an | ||||||
6 | approved treatment plan on a patient eligible under this | ||||||
7 | Section, then the dentist may instruct the hygienist to | ||||||
8 | complete the remaining services prior to an oral examination | ||||||
9 | by the dentist. Such instruction by the dentist to the | ||||||
10 | hygienist shall be noted in the patient's records. Any | ||||||
11 | services performed under this exception must be scheduled in a | ||||||
12 | timely manner and shall not occur more than 30 days after the | ||||||
13 | first appointment date. | ||||||
14 | (c) A public health dental hygienist providing services | ||||||
15 | under public health supervision must: | ||||||
16 | (1) provide to the patient, parent, or guardian a | ||||||
17 | written plan for referral or an agreement for follow-up | ||||||
18 | that records all conditions observed that should be called | ||||||
19 | to the attention of a dentist for proper diagnosis; | ||||||
20 | (2) have each patient sign a permission slip or | ||||||
21 | consent form that informs them that the service to be | ||||||
22 | received does not take the place of regular dental | ||||||
23 | checkups at a dental office and is meant for people who | ||||||
24 | otherwise would not have access to the service; | ||||||
25 | (3) inform each patient who may require further dental | ||||||
26 | services of that need; |
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1 | (4) maintain an appropriate level of contact and | ||||||
2 | communication with the dentist providing public health | ||||||
3 | supervision; and | ||||||
4 | (5) complete an additional 4 hours of continuing | ||||||
5 | education in areas specific to public health dentistry | ||||||
6 | yearly. | ||||||
7 | (d) Each public health dental hygienist who has rendered | ||||||
8 | services under subsections (c), (d), and (e) of this Section | ||||||
9 | must complete a summary report at the completion of a program | ||||||
10 | or, in the case of an ongoing program, at least annually. The | ||||||
11 | report must be completed in the manner specified by the | ||||||
12 | Department of Public Health Oral Health Section including | ||||||
13 | information about each location where the public health dental | ||||||
14 | hygienist has rendered these services. The public health | ||||||
15 | dental hygienist must submit the form to the dentist providing | ||||||
16 | supervision for his or her signature before sending it to the | ||||||
17 | Division. The Department of Public Health Oral Health Section | ||||||
18 | shall compile and publicize public health dental hygienist | ||||||
19 | service data annually. | ||||||
20 | (e) Public health dental hygienists providing services | ||||||
21 | under public health supervision may be compensated for their | ||||||
22 | work by salary, honoraria, and other mechanisms by the | ||||||
23 | employing or sponsoring entity. Nothing in this Act shall | ||||||
24 | preclude the entity that employs or sponsors a public health | ||||||
25 | dental hygienist from seeking payment, reimbursement, or other | ||||||
26 | source of funding for the services provided. |
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1 | (e-5) A patient who is provided services under a | ||||||
2 | supervision agreement by a public health dental hygienist as | ||||||
3 | described in this Section does not need to receive a physical | ||||||
4 | examination from a dentist prior to treatment if the public | ||||||
5 | health dental hygienist consults with the supervising dentist | ||||||
6 | prior to performing the teledentistry service. | ||||||
7 | (f) This Section is repealed on January 1, 2026. | ||||||
8 | (Source: P.A. 103-431, eff. 1-1-24 .)
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9 | (225 ILCS 25/23) (from Ch. 111, par. 2323) | ||||||
10 | (Section scheduled to be repealed on January 1, 2026) | ||||||
11 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
12 | licenses. The Department may refuse to issue or renew, or may | ||||||
13 | revoke, suspend, place on probation, reprimand or take other | ||||||
14 | disciplinary or non-disciplinary action as the Department may | ||||||
15 | deem proper, including imposing fines not to exceed $10,000 | ||||||
16 | per violation, with regard to any license for any one or any | ||||||
17 | combination of the following causes: | ||||||
18 | 1. Fraud or misrepresentation in applying for or | ||||||
19 | procuring a license under this Act, or in connection with | ||||||
20 | applying for renewal of a license under this Act. | ||||||
21 | 2. Inability to practice with reasonable judgment, | ||||||
22 | skill, or safety as a result of habitual or excessive use | ||||||
23 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
24 | other chemical agent or drug. | ||||||
25 | 3. Willful or repeated violations of the rules of the |
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1 | Department of Public Health or Department of Nuclear | ||||||
2 | Safety. | ||||||
3 | 4. Acceptance of a fee for service as a witness, | ||||||
4 | without the knowledge of the court, in addition to the fee | ||||||
5 | allowed by the court. | ||||||
6 | 5. Division of fees or agreeing to split or divide the | ||||||
7 | fees received for dental services with any person for | ||||||
8 | bringing or referring a patient, except in regard to | ||||||
9 | referral services as provided for under Section 45, or | ||||||
10 | assisting in the care or treatment of a patient, without | ||||||
11 | the knowledge of the patient or his or her legal | ||||||
12 | representative. Nothing in this item 5 affects any bona | ||||||
13 | fide independent contractor or employment arrangements | ||||||
14 | among health care professionals, health facilities, health | ||||||
15 | care providers, or other entities, except as otherwise | ||||||
16 | prohibited by law. Any employment arrangements may include | ||||||
17 | provisions for compensation, health insurance, pension, or | ||||||
18 | other employment benefits for the provision of services | ||||||
19 | within the scope of the licensee's practice under this | ||||||
20 | Act. Nothing in this item 5 shall be construed to require | ||||||
21 | an employment arrangement to receive professional fees for | ||||||
22 | services rendered. | ||||||
23 | 6. Employing, procuring, inducing, aiding or abetting | ||||||
24 | a person not licensed or registered as a dentist or dental | ||||||
25 | hygienist to engage in the practice of dentistry or dental | ||||||
26 | hygiene. The person practiced upon is not an accomplice, |
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1 | employer, procurer, inducer, aider, or abetter within the | ||||||
2 | meaning of this Act. | ||||||
3 | 7. Making any misrepresentations or false promises, | ||||||
4 | directly or indirectly, to influence, persuade or induce | ||||||
5 | dental patronage. | ||||||
6 | 8. Professional connection or association with or | ||||||
7 | lending his or her name to another for the illegal | ||||||
8 | practice of dentistry by another, or professional | ||||||
9 | connection or association with any person, firm or | ||||||
10 | corporation holding himself, herself, themselves, or | ||||||
11 | itself out in any manner contrary to this Act. | ||||||
12 | 9. Obtaining or seeking to obtain practice, money, or | ||||||
13 | any other things of value by false or fraudulent | ||||||
14 | representations, but not limited to, engaging in such | ||||||
15 | fraudulent practice to defraud the medical assistance | ||||||
16 | program of the Department of Healthcare and Family | ||||||
17 | Services (formerly Department of Public Aid) under the | ||||||
18 | Illinois Public Aid Code. | ||||||
19 | 10. Practicing under a false or, except as provided by | ||||||
20 | law, an assumed name. | ||||||
21 | 11. Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a character likely to deceive, | ||||||
23 | defraud, or harm the public. | ||||||
24 | 12. Conviction by plea of guilty or nolo contendere, | ||||||
25 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
26 | sentencing for any crime, including, but not limited to, |
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1 | convictions, preceding sentences of supervision, | ||||||
2 | conditional discharge, or first offender probation, under | ||||||
3 | the laws of any jurisdiction of the United States that (i) | ||||||
4 | is a felony under the laws of this State or (ii) is a | ||||||
5 | misdemeanor, an essential element of which is dishonesty, | ||||||
6 | or that is directly related to the practice of dentistry. | ||||||
7 | 13. Permitting a dental hygienist, dental assistant or | ||||||
8 | other person under his or her supervision to perform any | ||||||
9 | operation not authorized by this Act. | ||||||
10 | 14. Permitting more than 4 dental hygienists to be | ||||||
11 | employed under his or her supervision at any one time. | ||||||
12 | 15. A violation of any provision of this Act or any | ||||||
13 | rules promulgated under this Act. | ||||||
14 | 16. Taking impressions for or using the services of | ||||||
15 | any person, firm or corporation violating this Act. | ||||||
16 | 17. Violating any provision of Section 45 relating to | ||||||
17 | advertising. | ||||||
18 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
19 | nation, if at least one of the grounds for the discipline | ||||||
20 | is the same or substantially equivalent to those set forth | ||||||
21 | within this Act. | ||||||
22 | 19. Willfully failing to report an instance of | ||||||
23 | suspected child abuse or neglect as required by the Abused | ||||||
24 | and Neglected Child Reporting Act. | ||||||
25 | 20. Gross negligence in practice under this Act. | ||||||
26 | 21. The use or prescription for use of narcotics or |
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1 | controlled substances or designated products as listed in | ||||||
2 | the Illinois Controlled Substances Act, in any way other | ||||||
3 | than for therapeutic purposes. | ||||||
4 | 22. Willfully making or filing false records or | ||||||
5 | reports in his or her practice as a dentist, including, | ||||||
6 | but not limited to, false records to support claims | ||||||
7 | against the dental assistance program of the Department of | ||||||
8 | Healthcare and Family Services (formerly Illinois | ||||||
9 | Department of Public Aid). | ||||||
10 | 23. Professional incompetence as manifested by poor | ||||||
11 | standards of care. | ||||||
12 | 24. Physical or mental illness, including, but not | ||||||
13 | limited to, deterioration through the aging process, or | ||||||
14 | loss of motor skills which results in a dentist's | ||||||
15 | inability to practice dentistry with reasonable judgment, | ||||||
16 | skill or safety. In enforcing this paragraph, the | ||||||
17 | Department may compel a person licensed to practice under | ||||||
18 | this Act to submit to a mental or physical examination | ||||||
19 | pursuant to the terms and conditions of Section 23b. | ||||||
20 | 25. Gross or repeated irregularities in billing for | ||||||
21 | services rendered to a patient. For purposes of this | ||||||
22 | paragraph 25, "irregularities in billing" shall include: | ||||||
23 | (a) Reporting excessive charges for the purpose of | ||||||
24 | obtaining a total payment in excess of that usually | ||||||
25 | received by the dentist for the services rendered. | ||||||
26 | (b) Reporting charges for services not rendered. |
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1 | (c) Incorrectly reporting services rendered for | ||||||
2 | the purpose of obtaining payment not earned. | ||||||
3 | 26. Continuing the active practice of dentistry while | ||||||
4 | knowingly having any infectious, communicable, or | ||||||
5 | contagious disease proscribed by rule or regulation of the | ||||||
6 | Department. | ||||||
7 | 27. Being named as a perpetrator in an indicated | ||||||
8 | report by the Department of Children and Family Services | ||||||
9 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
10 | and upon proof by clear and convincing evidence that the | ||||||
11 | licensee has caused a child to be an abused child or | ||||||
12 | neglected child as defined in the Abused and Neglected | ||||||
13 | Child Reporting Act. | ||||||
14 | 28. Violating the Health Care Worker Self-Referral | ||||||
15 | Act. | ||||||
16 | 29. Abandonment of a patient. | ||||||
17 | 30. Mental incompetency as declared by a court of | ||||||
18 | competent jurisdiction. | ||||||
19 | 31. A finding by the Department that the licensee, | ||||||
20 | after having his or her license placed on probationary | ||||||
21 | status, has violated the terms of probation. | ||||||
22 | 32. Material misstatement in furnishing information to | ||||||
23 | the Department. | ||||||
24 | 33. Failing, within 60 days, to provide information in | ||||||
25 | response to a written request by the Department in the | ||||||
26 | course of an investigation. |
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1 | 34. Immoral conduct in the commission of any act, | ||||||
2 | including, but not limited to, commission of an act of | ||||||
3 | sexual misconduct related to the licensee's practice. | ||||||
4 | 35. Cheating on or attempting to subvert the licensing | ||||||
5 | examination administered under this Act. | ||||||
6 | 36. A pattern of practice or other behavior that | ||||||
7 | demonstrates incapacity or incompetence to practice under | ||||||
8 | this Act. | ||||||
9 | 37. Failure to establish and maintain records of | ||||||
10 | patient care and treatment as required under this Act. | ||||||
11 | 38. Failure to provide copies of dental records as | ||||||
12 | required by law. | ||||||
13 | 39. Failure of a licensed dentist who owns or is | ||||||
14 | employed at a dental office to give notice of an office | ||||||
15 | closure to his or her patients at least 30 days prior to | ||||||
16 | the office closure pursuant to Section 50.1. | ||||||
17 | 40. Failure to maintain a sanitary work environment. | ||||||
18 | 41. Failure to comply with the provisions of Section | ||||||
19 | 17.2 of this Act. | ||||||
20 | All proceedings to suspend, revoke, place on probationary | ||||||
21 | status, or take any other disciplinary action as the | ||||||
22 | Department may deem proper, with regard to a license on any of | ||||||
23 | the foregoing grounds, must be commenced within 5 years after | ||||||
24 | receipt by the Department of a complaint alleging the | ||||||
25 | commission of or notice of the conviction order for any of the | ||||||
26 | acts described herein. Except for fraud in procuring a |
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1 | license, no action shall be commenced more than 7 years after | ||||||
2 | the date of the incident or act alleged to have violated this | ||||||
3 | Section. The time during which the holder of the license was | ||||||
4 | outside the State of Illinois shall not be included within any | ||||||
5 | period of time limiting the commencement of disciplinary | ||||||
6 | action by the Department. | ||||||
7 | All fines imposed under this Section shall be paid within | ||||||
8 | 60 days after the effective date of the order imposing the fine | ||||||
9 | or in accordance with the terms set forth in the order imposing | ||||||
10 | the fine. | ||||||
11 | The Department may refuse to issue or may suspend the | ||||||
12 | license of any person who fails to file a return, or to pay the | ||||||
13 | tax, penalty or interest shown in a filed return, or to pay any | ||||||
14 | final assessment of tax, penalty or interest, as required by | ||||||
15 | any tax Act administered by the Illinois Department of | ||||||
16 | Revenue, until such time as the requirements of any such tax | ||||||
17 | Act are satisfied. | ||||||
18 | Any dentist who has had his or her license suspended or | ||||||
19 | revoked for more than 5 years must comply with the | ||||||
20 | requirements for restoration set forth in Section 16 prior to | ||||||
21 | being eligible for reinstatement from the suspension or | ||||||
22 | revocation. | ||||||
23 | (Source: P.A. 103-425, eff. 1-1-24 .)
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24 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
25 | Practices Act is amended by adding Section 2EEEE as follows:
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1 | (815 ILCS 505/2EEEE new) | ||||||
2 | Sec. 2EEEE. Violations concerning teledentistry under the | ||||||
3 | Illinois Dental Practice Act. Any person who violates Section | ||||||
4 | 17.2 of the Illinois Dental Practice Act commits an unlawful | ||||||
5 | practice within the meaning of this Act.
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