Bill Text: IL HB0274 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Dental Practice Act. Allows the Department of Financial and Professional Regulation to refuse to issue, renew, revoke, suspend, or take other disciplinary action as the Department may deem proper against either a licensed dentist or dentist hygienist if the Department finds the licensee, after having his or her licensee placed on probationary status, has violated the terms of probation. Permits the Department to disclose information and documents in response to a federal, State, County, or local law enforcement agency subpoena in conjunction with an ongoing criminal investigation. Provides that the Department shall not disclose any information, including, but not limited to, any complaint against a licensee filed with the Department, however, a formal complaint filed by the Department against a licensee and any related information used in a proceeding or adjudication is a public record. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0102 [HB0274 Detail]

Download: Illinois-2011-HB0274-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
changing Sections 23 and 24 as follows:
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 per violation, with
regard to any license for any one or any combination of the
following causes:
1. Fraud in procuring the license.
2. Habitual intoxication or addiction to the use of
drugs.
3. 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 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).

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10. Practicing under a name other than his or her own.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction in this or another State of any crime
which is a felony under the laws of this State or
conviction of a felony in a federal court, conviction of a
misdemeanor, an essential element of which is dishonesty,
or conviction of any crime which is directly related to the
practice of dentistry or dental hygiene.
13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of any
person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
within this Act.
19. Willfully failing to report an instance of

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suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross or repeated malpractice resulting in injury
or death of a patient.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or reports
in his practice as a dentist, including, but not limited
to, false records to support claims against the dental
assistance program of the Department of Healthcare and
Family Services (formerly Illinois Department of Public
Aid).
23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's inability
to practice dentistry with reasonable judgment, skill or
safety. In enforcing this paragraph, the Department may
compel a person licensed to practice under this Act to
submit to a mental or physical examination pursuant to the
terms and conditions of Section 23b.
25. Repeated irregularities in billing a third party
for services rendered to a patient. For purposes of this

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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
Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
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.
All proceedings to suspend, revoke, place on probationary

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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

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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 Act.
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
habit-forming drugs.
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

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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
Act.
13. Violating the prohibitions of Section 38.1 of this
Act.
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.
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.)
Section 99. Effective date. This Act takes effect upon
becoming law.