Illinois bill protecting dental practices signed into law
Spouses, guardians gain practice ownership rights for one year after dentist’s death
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Posted Aug. 9, 2006 |
By Arlene Furlong July 15 marked a victory for Illinois dentists and their families when Gov. Rod Blagojevich signed into law a bill changing the state dental practice act.
SB 279 provides that the executor or administrator of a deceased dentist's estate may contract with another dentist or dentists to continue the operations of the deceased dentist's practice for one year from the time of death, or until the practice is sold, whichever occurs first.
The new law provides the same rights to the legal guardian or authorized representative of a dentist who has become incapacitated.
The law goes into effect Jan.1, 2007.
"We've been pushing for this for a long time," says Dr. Joseph Hagenbruch, president of the Illinois State Dental Society and a member of the ADA Council on Dental Benefit Programs. "Practically speaking, it gives the spouse time to find someone to work in the practice before it sells. Otherwise, patients quickly go elsewhere."
Marilyn Woerner is chair of the Alliance of the American Dental Association's surviving spouse committee. A Missouri resident, her husband died before the state enacted such legislation.
"If a spouse can't own the practice and therefore hire a dentist to work in the practice, it starts losing value immediately," said Ms. Woerner.
In states where this law has not been enacted, the practice is generally tied up into ownership while the will goes through probate. Without patients, a dentist's former practice can wind up being sold as nothing more than material, equipment and supplies.
For more information about state laws on ownership and clinical decision making, call the ADA Division of State Government Affairs, Ext. 2525.
The Illinois State Dental Society will post the form necessary for filing with the Illinois Department of Financial and Professional Regulation when it becomes available. The statute is currently posted on the Illinois State Dental Society Web site for ADA members at www.isds.org  .
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