ILCS » Chapter 225 · Act 25
Illinois Compiled Statutes

225 ILCS 25/38 (2026)

Penalty of unlawful practice - second and subsequent offenses

✓ current as of May 2026
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(225 ILCS 25/38) (from Ch. 111, par. 2338)
    (Section scheduled to be repealed on January 1, 2031)
    Sec. 38. Penalty of unlawful practice - second and subsequent offenses. Any person who practices or offers to practice dentistry in this State without being licensed for that purpose, or whose license has been suspended or revoked or is inactive or non-renewed, or who violates any of the provisions of this Act, for which no specific penalty has been provided herein, is guilty of a Class A misdemeanor.
    Any person who has been previously convicted under any of the provisions of this Act and who subsequently violates any of the provisions of this Act is guilty of a Class 4 felony. In addition, whenever any person is punished as a subsequent offender under this Section, the Secretary shall proceed to obtain a permanent injunction against such person under Section 37 of this Act. All fines collected under this Section shall be deposited in the Professional Regulation Evidence Fund.
(Source: P.A. 97-1013, eff. 8-17-12.)

    
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: People v. D'Alise, 2022 IL App (2d) 210541 (Ill. App. Ct. 2022).
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People v. D'Alise, 2022 IL App (2d) 210541 (Ill. App. Ct. 2022). “(West 2020)) but under section 38 of the Illinois Dental Practice Act (225 ILCS 25/38 (West 2020)). Because the offense does not arise under the Criminal Code, restitution is discretionary, not mandatory.”
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