Current through Register Vol. 48, No. 38, September 20, 2024
a)
Section 5.5 of the Act requires the Division to establish a program of care,
counseling or treatment for impaired dentists.
b) Definitions
1) "Impaired dentist" or "impaired dental
hygienist" means a dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental disability as
evidenced by a written determination or written consent based on clinical
evidence, including deterioration through the aging process, loss of motor
skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient
degree to diminish the person's ability to deliver competent patient care.
(Section 4 of the Act). A dentist or dental hygienist may be determined to be
impaired:
A) by signing a written consent with
the Department declaring the nature of the impairment; or
B) upon the determination of a qualified
health care professional; or
C)
upon the determination of a qualified health care professional who has
performed an examination of the dentist or dental hygienist pursuant to Section
23b of the Act.
2)
"Program of care, counseling, or treatment" means a written schedule of
organized treatment care, counseling, activities, or education satisfactory to
the Board, designed for the purpose of restoring an impaired person to a
condition whereby the impaired person can practice with reasonable skill and
safety of sufficient degree to deliver competent patient care.
c) Program of Care, Counseling or
Treatment
1) A dentist or dental hygienist
who has been determined by a qualified health care professional to be impaired
shall enter into an agreement with the Division in which the dentist or dental
hygienist agrees to participate in a program designed to provide care,
counseling and treatment specifically for health care professionals and that
has been approved by the Division. The agreement may include, but not be
limited to, the length of the program, the status of the licensee while in a
treatment program, and a termination clause whereby both parties may, by
separate agreement in writing, terminate the agreement at any time.
2) All progress reports of treatment and
participation in a treatment program shall be sent to the Division every 60
days. A relapse or non-compliance with the treatment program shall be reported
to the Division immediately. All reports shall be signed by a licensed
physician, clinical psychologist, licensed clinical social worker, or licensed
clinical professional counselor or other substance abuse professional approved
by the Division.
3) An impaired
dentist or dental hygienist shall continue in an after care program until he or
she is released upon successful completion of the structured treatment
program.
4) If a dentist or dental
hygienist is being treated for alcohol or drug abuse:
A) The person shall submit progress reports
from any sponsors in Narcotics Anonymous or Alcoholics Anonymous or other after
care programs to the Division on a quarterly basis.
B) The person shall submit to random drug and
alcohol screenings and the results shall be submitted to the Division by the
treatment program. The impaired dentist or dental hygienist is responsible for
the cost of the reports. The Division shall be notified immediately by the
treatment program if the person fails to submit to the random drug and alcohol
screenings.
d) All reports required shall be submitted to
the Dental Coordinator, Division of Professional Regulation, Illinois
Department of Financial and Professional Regulation, 100 West Randolph Street,
Suite 9-300, Chicago, Illinois 60601.
e) The contents of any report shall be
strictly confidential and shall be exempt from public disclosure. The reports
shall be reviewed only by the following:
1)
The Board of Dentistry.
2)
Designated Department attorneys.
3)
Administrative personnel assigned to open mail containing reports and to
process and distribute the reports to authorized persons, and to communicate
with senders of reports.
4) The
individual who is the subject of the report, his/her attorney or his/her
authorized representative.
5) The
Division's Dental Coordinator.
f) The reports shall also be admissible as
evidence at any hearing arising from any charge by the Division that the
impaired individual failed to comply with any terms and conditions of any
agreement with the Division or otherwise violated the Dental Practice Act
during the period an agreement is in effect.
g) The reports may also be handled or
processed by other designated persons in a limited manner necessary to
implement reports required under the Act or this Section by computer, word
processing equipment or other mechanical means. The data record shall be
limited to the name and address of the originator of the report, the date the
initial report was received, the date of the most recent report and the
professional license number of the subject of the report.
h) Upon determination by the Board that a
report on an impaired person is no longer required for review and
consideration, the Board shall notify the maker of the reports to cease sending
the reports. The Board's determination shall be based on, but not be limited
to: the type of impairment and the type of rehabilitation program, length of
supervision, occurrence of any relapses, and present status of the dentist's or
dental hygienist's license.
