§ 38.1. Prohibition against interference by non-dentists. The purpose of this Section is to ensure that each dentist or dental hygienist practicing
in this State meets minimum requirements for safe practice without clinical interference
by persons not licensed under this Act. It is the legislative intent that dental services be provided only in accordance
with the provisions of this Act and not be delegated to unlicensed persons.
Unless otherwise authorized by this Act, a dentist or dental hygienist is prohibited
from providing dental services in this State, if the dentist or dental hygienist:
(1) is employed by any person other than a dentist to provide dental services, except
as set forth in Section 38.2 of this Act; or
(2) allows any person other than another dentist to direct, control, or interfere
with the dentist's or dental hygienist's clinical judgment. Clinical judgment shall include but not be limited to such matters as the dentist's
or dental hygienist's 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. This paragraph shall not be construed to limit a patient's right of informed consent. 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 who violates this paragraph (2)
is subject to the civil penalties set forth in Section 8.5 of this Act.
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