Bill Amendment: IL SB2822 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DENTAL SEDATION PERMITS
Status: 2024-07-01 - Public Act . . . . . . . . . 103-0628 [SB2822 Detail]
Download: Illinois-2023-SB2822-Senate_Amendment_002.html
Bill Title: DENTAL SEDATION PERMITS
Status: 2024-07-01 - Public Act . . . . . . . . . 103-0628 [SB2822 Detail]
Download: Illinois-2023-SB2822-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2822 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2822 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 8.1, 17, 19.2, and 45 as follows:
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6 | (225 ILCS 25/4) | ||||||
7 | (Section scheduled to be repealed on January 1, 2026) | ||||||
8 | Sec. 4. Definitions. As used in this Act: | ||||||
9 | "Address of record" means the designated address recorded | ||||||
10 | by the Department in the applicant's or licensee's application | ||||||
11 | file or license file as maintained by the Department's | ||||||
12 | licensure maintenance unit. It is the duty of the applicant or | ||||||
13 | licensee to inform the Department of any change of address and | ||||||
14 | those changes must be made either through the Department's | ||||||
15 | website or by contacting the Department. | ||||||
16 | "Department" means the Department of Financial and |
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1 | Professional Regulation. | ||||||
2 | "Secretary" means the Secretary of Financial and | ||||||
3 | Professional Regulation. | ||||||
4 | "Board" means the Board of Dentistry. | ||||||
5 | "Dentist" means a person who has received a general | ||||||
6 | license pursuant to paragraph (a) of Section 11 of this Act and | ||||||
7 | who may perform any intraoral and extraoral procedure required | ||||||
8 | in the practice of dentistry and to whom is reserved the | ||||||
9 | responsibilities specified in Section 17. | ||||||
10 | "Dental hygienist" means a person who holds a license | ||||||
11 | under this Act to perform dental services as authorized by | ||||||
12 | Section 18. | ||||||
13 | "Dental assistant" means an appropriately trained person | ||||||
14 | who, under the supervision of a dentist, provides dental | ||||||
15 | services as authorized by Section 17. | ||||||
16 | "Expanded function dental assistant" means a dental | ||||||
17 | assistant who has completed the training required by Section | ||||||
18 | 17.1 of this Act. | ||||||
19 | "Dental laboratory" means a person, firm, or corporation | ||||||
20 | which: | ||||||
21 | (i) engages in making, providing, repairing, or | ||||||
22 | altering dental prosthetic appliances and other artificial | ||||||
23 | materials and devices which are returned to a dentist for | ||||||
24 | insertion into the human oral cavity or which come in | ||||||
25 | contact with its adjacent structures and tissues; and | ||||||
26 | (ii) utilizes or employs a dental technician to |
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1 | provide such services; and | ||||||
2 | (iii) performs such functions only for a dentist or | ||||||
3 | dentists. | ||||||
4 | "Supervision" means supervision of a dental hygienist or a | ||||||
5 | dental assistant requiring that a dentist authorize the | ||||||
6 | procedure, remain in the dental facility while the procedure | ||||||
7 | is performed, and approve the work performed by the dental | ||||||
8 | hygienist or dental assistant before dismissal of the patient, | ||||||
9 | but does not mean that the dentist must be present at all times | ||||||
10 | in the treatment room. | ||||||
11 | "General supervision" means supervision of a dental | ||||||
12 | hygienist requiring that the patient be a patient of record, | ||||||
13 | that the dentist examine the patient in accordance with | ||||||
14 | Section 18 prior to treatment by the dental hygienist, and | ||||||
15 | that the dentist authorize the procedures which are being | ||||||
16 | carried out by a notation in the patient's record, but not | ||||||
17 | requiring that a dentist be present when the authorized | ||||||
18 | procedures are being performed. The issuance of a prescription | ||||||
19 | to a dental laboratory by a dentist does not constitute | ||||||
20 | general supervision. | ||||||
21 | "Public member" means a person who is not a health | ||||||
22 | professional. For purposes of board membership, any person | ||||||
23 | with a significant financial interest in a health service or | ||||||
24 | profession is not a public member. | ||||||
25 | "Dentistry" means the healing art which is concerned with | ||||||
26 | the examination, diagnosis, treatment planning, and care of |
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1 | conditions within the human oral cavity and its adjacent | ||||||
2 | tissues and structures, as further specified in Section 17. | ||||||
3 | "Branches of dentistry" means the various specialties of | ||||||
4 | dentistry which, for purposes of this Act, shall be limited to | ||||||
5 | the following: endodontics, oral and maxillofacial surgery, | ||||||
6 | orthodontics and dentofacial orthopedics, pediatric dentistry, | ||||||
7 | periodontics, prosthodontics, oral and maxillofacial | ||||||
8 | radiology, and dental anesthesiology. | ||||||
9 | "Specialist" means a dentist who has received a specialty | ||||||
10 | license pursuant to Section 11(b). | ||||||
11 | "Dental technician" means a person who owns, operates, or | ||||||
12 | is employed by a dental laboratory and engages in making, | ||||||
13 | providing, repairing, or altering dental prosthetic appliances | ||||||
14 | and other artificial materials and devices which are returned | ||||||
15 | to a dentist for insertion into the human oral cavity or which | ||||||
16 | come in contact with its adjacent structures and tissues. | ||||||
17 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
18 | dentist or dental hygienist who is unable to practice with | ||||||
19 | reasonable skill and safety because of a physical or mental | ||||||
20 | disability as evidenced by a written determination or written | ||||||
21 | consent based on clinical evidence, including deterioration | ||||||
22 | through the aging process, loss of motor skills, abuse of | ||||||
23 | drugs or alcohol, or a psychiatric disorder, of sufficient | ||||||
24 | degree to diminish the person's ability to deliver competent | ||||||
25 | patient care. | ||||||
26 | "Nurse" means a registered professional nurse, a certified |
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1 | registered nurse anesthetist licensed as an advanced practice | ||||||
2 | registered nurse, or a licensed practical nurse licensed under | ||||||
3 | the Nurse Practice Act. | ||||||
4 | "Patient of record" means a patient for whom the patient's | ||||||
5 | most recent dentist has obtained a relevant medical and dental | ||||||
6 | history and on whom the dentist has performed an examination | ||||||
7 | and evaluated the condition to be treated. | ||||||
8 | "Dental responder" means a dentist or dental hygienist who | ||||||
9 | is appropriately certified in disaster preparedness, | ||||||
10 | immunizations, and dental humanitarian medical response | ||||||
11 | consistent with the Society of Disaster Medicine and Public | ||||||
12 | Health and training certified by the National Incident | ||||||
13 | Management System or the National Disaster Life Support | ||||||
14 | Foundation. | ||||||
15 | "Mobile dental van or portable dental unit" means any | ||||||
16 | self-contained or portable dental unit in which dentistry is | ||||||
17 | practiced that can be moved, towed, or transported from one | ||||||
18 | location to another in order to establish a location where | ||||||
19 | dental services can be provided. | ||||||
20 | "Public health dental hygienist" means a hygienist who | ||||||
21 | holds a valid license to practice in the State, has 2 years of | ||||||
22 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
23 | of clinical experience, and has completed at least 42 clock | ||||||
24 | hours of additional structured courses in dental education in | ||||||
25 | advanced areas specific to public health dentistry. | ||||||
26 | "Public health setting" means a federally qualified health |
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1 | center; a federal, State, or local public health facility; | ||||||
2 | Head Start; a special supplemental nutrition program for | ||||||
3 | Women, Infants, and Children (WIC) facility; a certified | ||||||
4 | school-based health center or school-based oral health | ||||||
5 | program; a prison; or a long-term care facility. | ||||||
6 | "Public health supervision" means the supervision of a | ||||||
7 | public health dental hygienist by a licensed dentist who has a | ||||||
8 | written public health supervision agreement with that public | ||||||
9 | health dental hygienist while working in an approved facility | ||||||
10 | or program that allows the public health dental hygienist to | ||||||
11 | treat patients, without a dentist first examining the patient | ||||||
12 | and being present in the facility during treatment, (1) who | ||||||
13 | are eligible for Medicaid or (2) who are uninsured or whose | ||||||
14 | household income is not greater than 300% of the federal | ||||||
15 | poverty level. | ||||||
16 | "Teledentistry" means the use of telehealth systems and | ||||||
17 | methodologies in dentistry and includes patient care and | ||||||
18 | education delivery using synchronous and asynchronous | ||||||
19 | communications under a dentist's authority as provided under | ||||||
20 | this Act. | ||||||
21 | "Moderate sedation" means a drug-induced depression of | ||||||
22 | consciousness during which: (1) patients respond purposefully | ||||||
23 | to verbal commands, either alone or accompanied by light | ||||||
24 | tactile stimulation; (2) no interventions are required to | ||||||
25 | maintain a patient's airway and spontaneous ventilation is | ||||||
26 | adequate; and (3) cardiovascular function is usually |
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1 | maintained. | ||||||
2 | "Deep sedation" means a drug-induced depression of | ||||||
3 | consciousness during which: (1) patients cannot be easily | ||||||
4 | aroused, but respond purposefully following repeated or | ||||||
5 | painful stimulation; (2) the ability to independently maintain | ||||||
6 | ventilatory function may be impaired; (3) patients may require | ||||||
7 | assistance in maintaining airways and spontaneous ventilation | ||||||
8 | may be inadequate; and (4) cardiovascular function is usually | ||||||
9 | maintained. | ||||||
10 | "General anesthesia" means a drug-induced loss of | ||||||
11 | consciousness during which: (1) patients are not arousable, | ||||||
12 | even by painful stimulation; (2) the ability to independently | ||||||
13 | maintain ventilatory function is often impaired; (3) patients | ||||||
14 | often require assistance in maintaining airways and positive | ||||||
15 | pressure ventilation may be required because of depressed | ||||||
16 | spontaneous ventilation or drug-induced depression of | ||||||
17 | neuromuscular function; and (4) cardiovascular function may be | ||||||
18 | impaired. | ||||||
19 | "Enteral route of administration" means administration of | ||||||
20 | a drug that is absorbed through the gastrointestinal tract or | ||||||
21 | through oral, rectal, or sublingual mucosa. | ||||||
22 | "Parenteral route of administration" means administration | ||||||
23 | of a drug by which the drug bypasses the gastrointestinal | ||||||
24 | tract through intramuscular, intravenous, intranasal, | ||||||
25 | submucosal, subcutaneous, or intraosseous methods. | ||||||
26 | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; |
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1 | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | ||||||
2 | 1-1-24; revised 12-15-23.)
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3 | (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1) | ||||||
4 | (Section scheduled to be repealed on January 1, 2026) | ||||||
5 | Sec. 8.1. Permit for the administration of anesthesia and | ||||||
6 | sedation. | ||||||
7 | (a) No licensed dentist shall administer general | ||||||
8 | anesthesia, deep sedation, or moderate conscious sedation | ||||||
9 | without first applying for and obtaining a permit for such | ||||||
10 | purpose from the Department. The Department shall issue such | ||||||
11 | permit only after ascertaining that the applicant possesses | ||||||
12 | the minimum qualifications necessary to protect public safety. | ||||||
13 | A person with a dental degree who administers anesthesia, deep | ||||||
14 | sedation, or moderate conscious sedation in an approved | ||||||
15 | hospital training program under the supervision of either a | ||||||
16 | licensed dentist holding such permit or a physician licensed | ||||||
17 | to practice medicine in all its branches shall not be required | ||||||
18 | to obtain such permit. | ||||||
19 | (b) The minimum requirements for a permit to administer | ||||||
20 | moderate sedation issued after the effective date of this | ||||||
21 | amendatory Act of the 103rd General Assembly shall include the | ||||||
22 | completion of a minimum of 75 hours of didactic and supervised | ||||||
23 | clinical study in either: | ||||||
24 | (1) an American Dental Association Commission on | ||||||
25 | Dental Accreditation accredited dental specialty program, |
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1 | general practice residency, or advanced education in | ||||||
2 | general dentistry residency that includes training and | ||||||
3 | documentation in moderate sedation techniques appropriate | ||||||
4 | for each specialty or an American Dental Association | ||||||
5 | Commission on Dental Accreditation accredited dental | ||||||
6 | anesthesiology residency program and proof of completion | ||||||
7 | of up to 20 sedation cases; or | ||||||
8 | (2) a structured course of study provided by an | ||||||
9 | approved continuing education provider that includes | ||||||
10 | training and documentation in moderate sedation, physical | ||||||
11 | evaluation, venipuncture, advanced airway management, | ||||||
12 | technical administration, recognition and management of | ||||||
13 | complications and emergencies and monitoring with | ||||||
14 | additional supervised experience and documentation | ||||||
15 | demonstrating competence in providing moderate sedation to | ||||||
16 | 20 individual patient experiences utilizing enteral and | ||||||
17 | parenteral routes of administration of drugs to | ||||||
18 | competency, over a continuous time frame as set by the | ||||||
19 | Department and as provided in the American Dental | ||||||
20 | Association's Guidelines for Teaching Pain Control and | ||||||
21 | Sedation to Dentists and Dental Students. | ||||||
22 | (b-5) The minimum requirements for a permit to administer | ||||||
23 | deep sedation and general anesthesia issued after the | ||||||
24 | effective date of this amendatory Act of the 103rd General | ||||||
25 | Assembly shall include: | ||||||
26 | (1) the completion of a minimum of 2 years of advanced |
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1 | training in anesthesiology beyond the pre-doctoral level | ||||||
2 | in a training program approved by the American Dental | ||||||
3 | Association's Council on Dental Education and Licensure, | ||||||
4 | as outlined in Guidelines for Teaching Pain Control and | ||||||
5 | Sedation to Dentists and Dental Students, as published by | ||||||
6 | the American Dental Association's Council on Dental | ||||||
7 | Education and Licensure; | ||||||
8 | (2) a specialty license in oral and maxillofacial | ||||||
9 | surgery; | ||||||
10 | (3) completion of an accredited oral or maxillofacial | ||||||
11 | surgery residency program; or | ||||||
12 | (4) the completion of an American Dental Association | ||||||
13 | Commission on Dental Accreditation accredited dental | ||||||
14 | anesthesiology residency program. | ||||||
15 | (b-10) The Department may establish, by rule, additional | ||||||
16 | training programs and training requirements consistent with | ||||||
17 | this Section to ensure patient safety in dental offices | ||||||
18 | administering anesthesia, which shall include, but not be | ||||||
19 | limited to the following In determining the minimum permit | ||||||
20 | qualifications that are necessary to protect public safety, | ||||||
21 | the Department, by rule, shall : | ||||||
22 | (1) (blank); establish the minimum educational and | ||||||
23 | training requirements necessary for a dentist to be issued | ||||||
24 | an appropriate permit; | ||||||
25 | (2) establish the standards for properly equipped | ||||||
26 | dental facilities (other than licensed hospitals and |
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1 | ambulatory surgical treatment centers) in which general | ||||||
2 | anesthesia, deep sedation, or moderate conscious sedation | ||||||
3 | is administered, as necessary to protect public safety; | ||||||
4 | (3) establish minimum requirements for all persons who | ||||||
5 | assist the dentist in the administration of general | ||||||
6 | anesthesia, deep sedation, or moderate conscious sedation, | ||||||
7 | including minimum training requirements for each member of | ||||||
8 | the dental team, monitoring requirements, recordkeeping | ||||||
9 | requirements, and emergency procedures; | ||||||
10 | (4) ensure that the dentist has completed and | ||||||
11 | maintains current certification in advanced cardiac life | ||||||
12 | support or pediatric advanced life support and all persons | ||||||
13 | assisting the dentist or monitoring the administration of | ||||||
14 | general anesthesia, deep sedation, or moderate conscious | ||||||
15 | sedation maintain current certification in Basic Life | ||||||
16 | Support (BLS); and | ||||||
17 | (5) establish continuing education requirements in | ||||||
18 | sedation techniques and airway management for dentists who | ||||||
19 | possess a permit under this Section. | ||||||
20 | The Department shall adopt rules that ensure that a | ||||||
21 | continuing education course designed to meet the permit | ||||||
22 | requirements for moderate sedation training is reviewed and | ||||||
23 | certified by the Department if the course is not affiliated | ||||||
24 | with the American Dental Association Commission on Dental | ||||||
25 | Accreditation. | ||||||
26 | When establishing requirements under this Section, the |
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1 | Department shall consider the current American Dental | ||||||
2 | Association guidelines on sedation and general anesthesia, the | ||||||
3 | current "Guidelines for Monitoring and Management of Pediatric | ||||||
4 | Patients During and After Sedation for Diagnostic and | ||||||
5 | Therapeutic Procedures" established by the American Academy of | ||||||
6 | Pediatrics and the American Academy of Pediatric Dentistry, | ||||||
7 | and the current parameters of care and Office Anesthesia | ||||||
8 | Evaluation (OAE) Manual established by the American | ||||||
9 | Association of Oral and Maxillofacial Surgeons. | ||||||
10 | (c) A licensed dentist must hold an appropriate permit | ||||||
11 | issued under this Section in order to perform dentistry while | ||||||
12 | a nurse anesthetist administers moderate conscious sedation, | ||||||
13 | and a valid written collaborative agreement must exist between | ||||||
14 | the dentist and the nurse anesthetist, in accordance with the | ||||||
15 | Nurse Practice Act. | ||||||
16 | A licensed dentist must hold an appropriate permit issued | ||||||
17 | under this Section in order to perform dentistry while a nurse | ||||||
18 | anesthetist administers deep sedation or general anesthesia, | ||||||
19 | and a valid written collaborative agreement must exist between | ||||||
20 | the dentist and the nurse anesthetist, in accordance with the | ||||||
21 | Nurse Practice Act. | ||||||
22 | For the purposes of this subsection (c), "nurse | ||||||
23 | anesthetist" means a licensed certified registered nurse | ||||||
24 | anesthetist who holds a license as an advanced practice | ||||||
25 | registered nurse. | ||||||
26 | (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; |
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1 | 101-162, eff. 7-26-19.)
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2 | (225 ILCS 25/17) | ||||||
3 | (Section scheduled to be repealed on January 1, 2026) | ||||||
4 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
5 | person practices dentistry, within the meaning of this Act: | ||||||
6 | (1) Who represents himself or herself as being able to | ||||||
7 | diagnose or diagnoses, treats, prescribes, or operates for | ||||||
8 | any disease, pain, deformity, deficiency, injury, or | ||||||
9 | physical condition of the human tooth, teeth, alveolar | ||||||
10 | process, gums, or jaw; or | ||||||
11 | (2) Who is a manager, proprietor, operator, or | ||||||
12 | conductor of a business where dental operations are | ||||||
13 | performed; or | ||||||
14 | (3) Who performs dental operations of any kind; or | ||||||
15 | (4) Who uses an X-Ray machine or X-Ray films for | ||||||
16 | dental diagnostic purposes; or | ||||||
17 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
18 | or attempts to correct malpositions of the human teeth or | ||||||
19 | jaws; or | ||||||
20 | (6) Who offers or undertakes, by any means or method, | ||||||
21 | to diagnose, treat, or remove stains, calculus, and | ||||||
22 | bonding materials from human teeth or jaws; or | ||||||
23 | (7) Who uses or administers local or general | ||||||
24 | anesthetics in the treatment of dental or oral diseases or | ||||||
25 | in any preparation incident to a dental operation of any |
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1 | kind or character; or | ||||||
2 | (8) Who takes material or digital scans for final | ||||||
3 | impressions of the human tooth, teeth, or jaws or performs | ||||||
4 | any phase of any operation incident to the replacement of | ||||||
5 | a part of a tooth, a tooth, teeth, or associated tissues by | ||||||
6 | means of a filling, a crown, a bridge, a denture, or other | ||||||
7 | appliance; or | ||||||
8 | (9) Who offers to furnish, supply, construct, | ||||||
9 | reproduce, or repair, or who furnishes, supplies, | ||||||
10 | constructs, reproduces, or repairs, prosthetic dentures, | ||||||
11 | bridges, or other substitutes for natural teeth , to the | ||||||
12 | user or prospective user thereof; or | ||||||
13 | (10) Who instructs students on clinical matters or | ||||||
14 | performs any clinical operation included in the curricula | ||||||
15 | of recognized dental schools and colleges; or | ||||||
16 | (11) Who takes material or digital scans for final | ||||||
17 | impressions of human teeth or places his or her hands in | ||||||
18 | the mouth of any person for the purpose of applying teeth | ||||||
19 | whitening materials, or who takes impressions of human | ||||||
20 | teeth or places his or her hands in the mouth of any person | ||||||
21 | for the purpose of assisting in the application of teeth | ||||||
22 | whitening materials. A person does not practice dentistry | ||||||
23 | when he or she discloses to the consumer that he or she is | ||||||
24 | not licensed as a dentist under this Act and (i) discusses | ||||||
25 | the use of teeth whitening materials with a consumer | ||||||
26 | purchasing these materials; (ii) provides instruction on |
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1 | the use of teeth whitening materials with a consumer | ||||||
2 | purchasing these materials; or (iii) provides appropriate | ||||||
3 | equipment on-site to the consumer for the consumer to | ||||||
4 | self-apply teeth whitening materials. | ||||||
5 | The fact that any person engages in or performs, or offers | ||||||
6 | to engage in or perform, any of the practices, acts, or | ||||||
7 | operations set forth in this Section, shall be prima facie | ||||||
8 | evidence that such person is engaged in the practice of | ||||||
9 | dentistry. | ||||||
10 | The following practices, acts, and operations, however, | ||||||
11 | are exempt from the operation of this Act: | ||||||
12 | (a) The rendering of dental relief in emergency cases | ||||||
13 | in the practice of his or her profession by a physician or | ||||||
14 | surgeon, licensed as such under the laws of this State, | ||||||
15 | unless he or she undertakes to reproduce or reproduces | ||||||
16 | lost parts of the human teeth in the mouth or to restore or | ||||||
17 | replace lost or missing teeth in the mouth; or | ||||||
18 | (b) The practice of dentistry in the discharge of | ||||||
19 | their official duties by dentists in any branch of the | ||||||
20 | Armed Services of the United States, the United States | ||||||
21 | Public Health Service, or the United States Veterans | ||||||
22 | Administration; or | ||||||
23 | (c) The practice of dentistry by students in their | ||||||
24 | course of study in dental schools or colleges approved by | ||||||
25 | the Department, when acting under the direction and | ||||||
26 | supervision of dentists acting as instructors; or |
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1 | (d) The practice of dentistry by clinical instructors | ||||||
2 | in the course of their teaching duties in dental schools | ||||||
3 | or colleges approved by the Department: | ||||||
4 | (i) when acting under the direction and | ||||||
5 | supervision of dentists, provided that such clinical | ||||||
6 | instructors have instructed continuously in this State | ||||||
7 | since January 1, 1986; or | ||||||
8 | (ii) when holding the rank of full professor at | ||||||
9 | such approved dental school or college and possessing | ||||||
10 | a current valid license or authorization to practice | ||||||
11 | dentistry in another country; or | ||||||
12 | (e) The practice of dentistry by licensed dentists of | ||||||
13 | other states or countries at meetings of the Illinois | ||||||
14 | State Dental Society or component parts thereof, alumni | ||||||
15 | meetings of dental colleges, or any other like dental | ||||||
16 | organizations, while appearing as clinicians; or | ||||||
17 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
18 | of dental or oral tissues by dental hygienists or dental | ||||||
19 | assistants; or | ||||||
20 | (g) The performance of any dental service by a dental | ||||||
21 | assistant, if such service is performed under the | ||||||
22 | supervision and full responsibility of a dentist. In | ||||||
23 | addition, after being authorized by a dentist, a dental | ||||||
24 | assistant may, for the purpose of eliminating pain or | ||||||
25 | discomfort, remove loose, broken, or irritating | ||||||
26 | orthodontic appliances on a patient of record. |
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1 | For purposes of this paragraph (g), "dental service" | ||||||
2 | is defined to mean any intraoral procedure or act which | ||||||
3 | shall be prescribed by rule or regulation of the | ||||||
4 | Department. "Dental service", however, shall not include: | ||||||
5 | (1) Any and all diagnosis of or prescription for | ||||||
6 | treatment of disease, pain, deformity, deficiency, | ||||||
7 | injury, or physical condition of the human teeth or | ||||||
8 | jaws, or adjacent structures. | ||||||
9 | (2) Removal of, restoration of, or addition to the | ||||||
10 | hard or soft tissues of the oral cavity, except for the | ||||||
11 | placing, carving, and finishing of amalgam | ||||||
12 | restorations and placing, packing, and finishing | ||||||
13 | composite restorations by dental assistants who have | ||||||
14 | had additional formal education and certification. | ||||||
15 | A dental assistant may place, carve, and finish | ||||||
16 | amalgam restorations, place, pack, and finish | ||||||
17 | composite restorations, and place interim restorations | ||||||
18 | if he or she (A) has successfully completed a | ||||||
19 | structured training program as described in item (2) | ||||||
20 | of subsection (g) provided by an educational | ||||||
21 | institution accredited by the Commission on Dental | ||||||
22 | Accreditation, such as a dental school or dental | ||||||
23 | hygiene or dental assistant program, or (B) has at | ||||||
24 | least 4,000 hours of direct clinical patient care | ||||||
25 | experience and has successfully completed a structured | ||||||
26 | training program as described in item (2) of |
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1 | subsection (g) provided by a statewide dental | ||||||
2 | association, approved by the Department to provide | ||||||
3 | continuing education, that has developed and conducted | ||||||
4 | training programs for expanded functions for dental | ||||||
5 | assistants or hygienists. The training program must: | ||||||
6 | (i) include a minimum of 16 hours of didactic study and | ||||||
7 | 14 hours of clinical manikin instruction; all training | ||||||
8 | programs shall include areas of study in nomenclature, | ||||||
9 | caries classifications, oral anatomy, periodontium, | ||||||
10 | basic occlusion, instrumentations, pulp protection | ||||||
11 | liners and bases, dental materials, matrix and wedge | ||||||
12 | techniques, amalgam placement and carving, rubber dam | ||||||
13 | clamp placement, and rubber dam placement and removal; | ||||||
14 | (ii) include an outcome assessment examination that | ||||||
15 | demonstrates competency; (iii) require the supervising | ||||||
16 | dentist to observe and approve the completion of 8 | ||||||
17 | amalgam or composite restorations; and (iv) issue a | ||||||
18 | certificate of completion of the training program, | ||||||
19 | which must be kept on file at the dental office and be | ||||||
20 | made available to the Department upon request. A | ||||||
21 | dental assistant must have successfully completed an | ||||||
22 | approved coronal polishing and dental sealant course | ||||||
23 | prior to taking the amalgam and composite restoration | ||||||
24 | course. | ||||||
25 | A dentist utilizing dental assistants shall not | ||||||
26 | supervise more than 4 dental assistants at any one |
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1 | time for placing, carving, and finishing of amalgam | ||||||
2 | restorations or for placing, packing, and finishing | ||||||
3 | composite restorations. | ||||||
4 | (3) Any and all correction of malformation of | ||||||
5 | teeth or of the jaws. | ||||||
6 | (4) Administration of anesthetics, except for | ||||||
7 | monitoring of nitrous oxide, moderate conscious | ||||||
8 | sedation, deep sedation, and general anesthetic as | ||||||
9 | provided in Section 8.1 of this Act, that may be | ||||||
10 | performed only after successful completion of a | ||||||
11 | training program approved by the Department. A dentist | ||||||
12 | utilizing dental assistants shall not supervise more | ||||||
13 | than 4 dental assistants at any one time for the | ||||||
14 | monitoring of nitrous oxide. | ||||||
15 | (5) Removal of calculus from human teeth. | ||||||
16 | (6) Taking of material or digital scans for final | ||||||
17 | impressions for the fabrication of prosthetic | ||||||
18 | appliances, crowns, bridges, inlays, onlays, or other | ||||||
19 | restorative or replacement dentistry. | ||||||
20 | (7) The operative procedure of dental hygiene | ||||||
21 | consisting of oral prophylactic procedures, except for | ||||||
22 | coronal polishing and pit and fissure sealants, which | ||||||
23 | may be performed by a dental assistant who has | ||||||
24 | successfully completed a training program approved by | ||||||
25 | the Department. Dental assistants may perform coronal | ||||||
26 | polishing under the following circumstances: (i) the |
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| |||||||
1 | coronal polishing shall be limited to polishing the | ||||||
2 | clinical crown of the tooth and existing restorations, | ||||||
3 | supragingivally; (ii) the dental assistant performing | ||||||
4 | the coronal polishing shall be limited to the use of | ||||||
5 | rotary instruments using a rubber cup or brush | ||||||
6 | polishing method (air polishing is not permitted); and | ||||||
7 | (iii) the supervising dentist shall not supervise more | ||||||
8 | than 4 dental assistants at any one time for the task | ||||||
9 | of coronal polishing or pit and fissure sealants. | ||||||
10 | In addition to coronal polishing and pit and | ||||||
11 | fissure sealants as described in this item (7), a | ||||||
12 | dental assistant who has at least 2,000 hours of | ||||||
13 | direct clinical patient care experience and who has | ||||||
14 | successfully completed a structured training program | ||||||
15 | provided by (1) an educational institution including, | ||||||
16 | but not limited to, a dental school or dental hygiene | ||||||
17 | or dental assistant program, (2) a continuing | ||||||
18 | education provider approved by the Department, or (3) | ||||||
19 | a statewide dental or dental hygienist association | ||||||
20 | that has developed and conducted a training program | ||||||
21 | for expanded functions for dental assistants or | ||||||
22 | hygienists may perform: (A) coronal scaling above the | ||||||
23 | gum line, supragingivally, on the clinical crown of | ||||||
24 | the tooth only on patients 17 years of age or younger | ||||||
25 | who have an absence of periodontal disease and who are | ||||||
26 | not medically compromised or individuals with special |
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| |||||||
1 | needs and (B) intracoronal temporization of a tooth. | ||||||
2 | The training program must: (I) include a minimum of 32 | ||||||
3 | hours of instruction in both didactic and clinical | ||||||
4 | manikin or human subject instruction; all training | ||||||
5 | programs shall include areas of study in dental | ||||||
6 | anatomy, public health dentistry, medical history, | ||||||
7 | dental emergencies, and managing the pediatric | ||||||
8 | patient; (II) include an outcome assessment | ||||||
9 | examination that demonstrates competency; (III) | ||||||
10 | require the supervising dentist to observe and approve | ||||||
11 | the completion of 6 full mouth supragingival scaling | ||||||
12 | procedures unless the training was received as part of | ||||||
13 | a Commission on Dental Accreditation approved dental | ||||||
14 | assistant program; and (IV) issue a certificate of | ||||||
15 | completion of the training program, which must be kept | ||||||
16 | on file at the dental office and be made available to | ||||||
17 | the Department upon request. A dental assistant must | ||||||
18 | have successfully completed an approved coronal | ||||||
19 | polishing course prior to taking the coronal scaling | ||||||
20 | course. A dental assistant performing these functions | ||||||
21 | shall be limited to the use of hand instruments only. | ||||||
22 | In addition, coronal scaling as described in this | ||||||
23 | paragraph shall only be utilized on patients who are | ||||||
24 | eligible for Medicaid, who are uninsured, or whose | ||||||
25 | household income is not greater than 300% of the | ||||||
26 | federal poverty level. A dentist may not supervise |
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| |||||||
1 | more than 2 dental assistants at any one time for the | ||||||
2 | task of coronal scaling. This paragraph is inoperative | ||||||
3 | on and after January 1, 2026. | ||||||
4 | The limitations on the number of dental assistants a | ||||||
5 | dentist may supervise contained in items (2), (4), and (7) | ||||||
6 | of this paragraph (g) mean a limit of 4 total dental | ||||||
7 | assistants or dental hygienists doing expanded functions | ||||||
8 | covered by these Sections being supervised by one dentist; | ||||||
9 | or | ||||||
10 | (h) The practice of dentistry by an individual who: | ||||||
11 | (i) has applied in writing to the Department, in | ||||||
12 | form and substance satisfactory to the Department, for | ||||||
13 | a general dental license and has complied with all | ||||||
14 | provisions of Section 9 of this Act, except for the | ||||||
15 | passage of the examination specified in subsection (e) | ||||||
16 | of Section 9 of this Act; or | ||||||
17 | (ii) has applied in writing to the Department, in | ||||||
18 | form and substance satisfactory to the Department, for | ||||||
19 | a temporary dental license and has complied with all | ||||||
20 | provisions of subsection (c) of Section 11 of this | ||||||
21 | Act; and | ||||||
22 | (iii) has been accepted or appointed for specialty | ||||||
23 | or residency training by a hospital situated in this | ||||||
24 | State; or | ||||||
25 | (iv) has been accepted or appointed for specialty | ||||||
26 | training in an approved dental program situated in |
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1 | this State; or | ||||||
2 | (v) has been accepted or appointed for specialty | ||||||
3 | training in a dental public health agency situated in | ||||||
4 | this State. | ||||||
5 | The applicant shall be permitted to practice dentistry | ||||||
6 | for a period of 3 months from the starting date of the | ||||||
7 | program, unless authorized in writing by the Department to | ||||||
8 | continue such practice for a period specified in writing | ||||||
9 | by the Department. | ||||||
10 | The applicant shall only be entitled to perform such | ||||||
11 | acts as may be prescribed by and incidental to his or her | ||||||
12 | program of residency or specialty training and shall not | ||||||
13 | otherwise engage in the practice of dentistry in this | ||||||
14 | State. | ||||||
15 | The authority to practice shall terminate immediately | ||||||
16 | upon: | ||||||
17 | (1) the decision of the Department that the | ||||||
18 | applicant has failed the examination; or | ||||||
19 | (2) denial of licensure by the Department; or | ||||||
20 | (3) withdrawal of the application. | ||||||
21 | (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; | ||||||
22 | 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
| ||||||
23 | (225 ILCS 25/19.2) | ||||||
24 | (Section scheduled to be repealed on January 1, 2026) | ||||||
25 | Sec. 19.2. Temporary permit for free dental care. |
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1 | (a) Upon Board recommendation, the Department may issue a | ||||||
2 | temporary permit authorizing the practice in this State, | ||||||
3 | without compensation, of dentistry to an applicant who is | ||||||
4 | licensed to practice dentistry in another state, if all of the | ||||||
5 | following apply: | ||||||
6 | (1) the Department determines that the applicant's | ||||||
7 | services will improve the welfare of Illinois residents | ||||||
8 | who are eligible for Medicaid or who are uninsured and | ||||||
9 | whose household income is not greater than 200% of the | ||||||
10 | federal poverty level; | ||||||
11 | (2) the applicant has graduated from a dental program | ||||||
12 | approved by the American Dental Association's Commission | ||||||
13 | on Dental Accreditation and maintains an equivalent | ||||||
14 | authorization to practice dentistry in good standing in | ||||||
15 | his or her native licensing jurisdiction during the period | ||||||
16 | of the temporary visiting dentist permit and can furnish | ||||||
17 | the Department a certified letter upon request from that | ||||||
18 | jurisdiction attesting to the fact that the applicant has | ||||||
19 | no pending action or violations against his or her | ||||||
20 | license; | ||||||
21 | (3) the applicant has received an invitation to | ||||||
22 | perform dental care by a charitable organization or has | ||||||
23 | received an invitation to study or receive training on | ||||||
24 | specific dental or clinical subjects or techniques by a | ||||||
25 | licensed continuing education sponsor who is approved by | ||||||
26 | the Department to provide clinical training in the State |
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| |||||||
1 | of Illinois on patients for the welfare of Illinois | ||||||
2 | residents pursuant to subsection (a-5) and is in | ||||||
3 | compliance with the provisions of this Act; | ||||||
4 | (4) the applicant will be working pursuant to a | ||||||
5 | collaborative agreement with and under the direct | ||||||
6 | supervision of an Illinois licensed dentist, who is in | ||||||
7 | good standing, during the duration of the program. The | ||||||
8 | supervising dentist must be physically present during all | ||||||
9 | clinical training courses; and | ||||||
10 | (5) payment of a fee established by rule. | ||||||
11 | The Department may adopt rules to implement this | ||||||
12 | subsection. | ||||||
13 | (a-5) Upon Board recommendation, after the filing of an | ||||||
14 | application, the Department may allow approved continuing | ||||||
15 | education sponsors to be licensed to provide live patient | ||||||
16 | continuing education clinical training courses if the | ||||||
17 | following requirements are met: | ||||||
18 | (1) the continuing education course provides services, | ||||||
19 | without compensation, that will improve the welfare of | ||||||
20 | Illinois residents as described in paragraph (1) of | ||||||
21 | subsection (a). The application to the Board must include | ||||||
22 | the following information for review and approval by the | ||||||
23 | Department: | ||||||
24 | (i) a plan of follow-up care and training models; | ||||||
25 | (ii) any and all documentation to be signed by the | ||||||
26 | patients, including, but not limited to, waivers, |
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| |||||||
1 | consent forms, and releases; | ||||||
2 | (iii) information related to the facilities being | ||||||
3 | utilized, staffing plans, and emergency plans; | ||||||
4 | (iv) the process by which patients will be | ||||||
5 | contacted before, during, and after treatment; | ||||||
6 | (v) the intended population that will be receiving | ||||||
7 | treatment; and | ||||||
8 | (vi) proof of valid malpractice insurance for the | ||||||
9 | approved continuing education sponsor that extends | ||||||
10 | coverage to clinical staff, trainees, and out-of-state | ||||||
11 | permit holders that meet the requirements of | ||||||
12 | subsection (a); | ||||||
13 | (2) a valid written collaborative agreement must exist | ||||||
14 | between the temporary visiting dentist and the Illinois | ||||||
15 | licensed dentist co-treating patients under this Section. | ||||||
16 | The collaborative agreement must include a description of | ||||||
17 | the care to be provided and procedures to be performed by | ||||||
18 | the temporary visiting dentist. There shall be no more | ||||||
19 | than 5 trainees per supervising dentist. A copy of this | ||||||
20 | agreement shall become part of the patient's dental record | ||||||
21 | and shall be made available upon request to the | ||||||
22 | Department; and | ||||||
23 | (3) payment of a fee established by rule. | ||||||
24 | A continuing education sponsor license issued under this | ||||||
25 | Section shall be valid for a period of time as provided by | ||||||
26 | rule. |
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| |||||||
1 | The Department shall adopt rules to implement this | ||||||
2 | subsection. | ||||||
3 | (b) (Blank). | ||||||
4 | (c) A temporary permit shall be valid for no longer than 5 | ||||||
5 | consecutive clinical days within 6 months from the date of | ||||||
6 | issuance. The temporary permit may be issued once per year to a | ||||||
7 | visiting dentist. Temporary permits under subsection (a) may | ||||||
8 | be restored no more than one time within 5 years of the initial | ||||||
9 | permits issuance. The Department may require an applicant to | ||||||
10 | pay a fee for the issuance or restoration of a permit under | ||||||
11 | this Section. | ||||||
12 | (d) (Blank). | ||||||
13 | (e) The temporary permit shall only permit the holder to | ||||||
14 | practice dentistry within the scope of the dental studies and | ||||||
15 | in conjunction with one of the following: | ||||||
16 | (1) the charitable organization; or | ||||||
17 | (2) a continuing education program provided by a | ||||||
18 | continuing education sponsor approved by the Department | ||||||
19 | pursuant to this Section that the permit holder is | ||||||
20 | attending. | ||||||
21 | (f) The temporary visiting dentist may not administer | ||||||
22 | moderate conscious sedation, deep sedation, or general | ||||||
23 | anesthesia. | ||||||
24 | (g) A patient who seeks treatment from a temporary | ||||||
25 | visiting dentist must sign a consent form acknowledging that | ||||||
26 | the care the patient will receive will be provided by a dentist |
| |||||||
| |||||||
1 | not licensed in the State of Illinois and that the Illinois | ||||||
2 | licensed dentist who has the collaborative agreement with the | ||||||
3 | temporary visiting dentist will be responsible for all the | ||||||
4 | follow-up care associated with the treatment rendered to the | ||||||
5 | patient. | ||||||
6 | (h) An application for the temporary permit shall be made | ||||||
7 | to the Department in writing on forms prescribed by the | ||||||
8 | Department and shall be accompanied by a nonrefundable fee | ||||||
9 | established by rule. | ||||||
10 | (i) An applicant for a temporary permit may be requested | ||||||
11 | to appear before the Board to respond to questions concerning | ||||||
12 | the applicant's qualifications to receive the permit. An | ||||||
13 | applicant's refusal to appear before the Board may be grounds | ||||||
14 | for denial of the application by the Department. | ||||||
15 | (j) The Secretary may summarily cancel any permit or | ||||||
16 | license issued pursuant to this Section without a hearing if | ||||||
17 | the Secretary finds that evidence in his or her possession | ||||||
18 | indicates that a continuing education sponsor licensed under | ||||||
19 | this Section or a temporary permit holder's continuation in | ||||||
20 | practice would constitute an imminent danger to the public or | ||||||
21 | violate any provision of this Act or its rules. If the | ||||||
22 | Secretary summarily cancels a permit or license issued | ||||||
23 | pursuant to this Section, the permit holder or licensee may | ||||||
24 | petition the Department for a hearing in accordance with the | ||||||
25 | provisions of subsection (b) of Section 26 of this Act to | ||||||
26 | reinstate his or her permit or license. |
| |||||||
| |||||||
1 | (k) In addition to terminating any permit or license | ||||||
2 | issued pursuant to this Section, the Department may impose a | ||||||
3 | monetary penalty not to exceed $10,000 upon the temporary | ||||||
4 | permit holder or licensee and may notify any state in which the | ||||||
5 | temporary permit holder or licensee has been issued a license | ||||||
6 | that his or her Illinois permit or license has been terminated | ||||||
7 | and the reasons for the termination. The monetary penalty | ||||||
8 | shall be paid within 60 days after the effective date of the | ||||||
9 | order imposing the penalty. The order shall constitute a | ||||||
10 | judgment and may be filed and execution had thereon in the same | ||||||
11 | manner as any judgment from any court of record. It is the | ||||||
12 | intent of the General Assembly that a permit or license issued | ||||||
13 | pursuant to this Section shall be considered a privilege and | ||||||
14 | not a property right. | ||||||
15 | (Source: P.A. 102-582, eff. 1-1-22 .)
| ||||||
16 | (225 ILCS 25/45) (from Ch. 111, par. 2345) | ||||||
17 | (Section scheduled to be repealed on January 1, 2026) | ||||||
18 | Sec. 45. Advertising. The purpose of this Section is to | ||||||
19 | authorize and regulate the advertisement by dentists of | ||||||
20 | information which is intended to provide the public with a | ||||||
21 | sufficient basis upon which to make an informed selection of | ||||||
22 | dentists while protecting the public from false or misleading | ||||||
23 | advertisements which would detract from the fair and rational | ||||||
24 | selection process. | ||||||
25 | Any dentist may advertise the availability of dental |
| |||||||
| |||||||
1 | services in the public media or on the premises where such | ||||||
2 | dental services are rendered. Such advertising shall be | ||||||
3 | limited to the following information: | ||||||
4 | (a) The dental services available; | ||||||
5 | (b) Publication of the dentist's name, title, office | ||||||
6 | hours, address and telephone; | ||||||
7 | (c) Information pertaining to his or her area of | ||||||
8 | specialization, including appropriate board certification | ||||||
9 | or limitation of professional practice; | ||||||
10 | (d) Information on usual and customary fees for | ||||||
11 | routine dental services offered, which information shall | ||||||
12 | include notification that fees may be adjusted due to | ||||||
13 | complications or unforeseen circumstances; | ||||||
14 | (e) Announcement of the opening of, change of, absence | ||||||
15 | from, or return to business; | ||||||
16 | (f) Announcement of additions to or deletions from | ||||||
17 | professional dental staff; | ||||||
18 | (g) The issuance of business or appointment cards; | ||||||
19 | (h) Other information about the dentist, dentist's | ||||||
20 | practice or the types of dental services which the dentist | ||||||
21 | offers to perform which a reasonable person might regard | ||||||
22 | as relevant in determining whether to seek the dentist's | ||||||
23 | services. However, any advertisement which announces the | ||||||
24 | availability of endodontics, pediatric dentistry, | ||||||
25 | periodontics, prosthodontics, orthodontics and | ||||||
26 | dentofacial orthopedics, oral and maxillofacial surgery, |
| |||||||
| |||||||
1 | or oral and maxillofacial radiology by a general dentist | ||||||
2 | or by a licensed specialist who is not licensed in that | ||||||
3 | specialty shall include a disclaimer stating that the | ||||||
4 | dentist does not hold a license in that specialty. | ||||||
5 | Any dental practice with more than one location that | ||||||
6 | enrolls its dentist as a participating provider in a managed | ||||||
7 | care plan's network must verify electronically or in writing | ||||||
8 | to the managed care plan whether the provider is accepting new | ||||||
9 | patients at each of the specific locations listing the | ||||||
10 | provider. The health plan shall remove the provider from the | ||||||
11 | directory in accordance with standard practices within 10 | ||||||
12 | business days after being notified of the changes by the | ||||||
13 | provider. Nothing in this paragraph shall void any contractual | ||||||
14 | relationship between the provider and the plan. | ||||||
15 | It is unlawful for any dentist licensed under this Act to | ||||||
16 | do any of the following: | ||||||
17 | (1) Use claims of superior quality of care to entice | ||||||
18 | the public. | ||||||
19 | (2) Advertise in any way to practice dentistry without | ||||||
20 | causing pain. | ||||||
21 | (3) Pay a fee to any dental referral service or other | ||||||
22 | third party who advertises a dental referral service, | ||||||
23 | unless all advertising of the dental referral service | ||||||
24 | makes it clear that dentists are paying a fee for that | ||||||
25 | referral service. | ||||||
26 | (4) Advertise or offer gifts as an inducement to |
| |||||||
| |||||||
1 | secure dental patronage. Dentists may advertise or offer | ||||||
2 | free examinations or free dental services; it shall be | ||||||
3 | unlawful, however, for any dentist to charge a fee to any | ||||||
4 | new patient for any dental service provided at the time | ||||||
5 | that such free examination or free dental services are | ||||||
6 | provided. | ||||||
7 | (5) Use the term "sedation dentistry" or similar terms | ||||||
8 | in advertising unless the advertising dentist holds a | ||||||
9 | valid and current permit issued by the Department to | ||||||
10 | administer either general anesthesia, deep sedation, or | ||||||
11 | moderate conscious sedation as required under Section 8.1 | ||||||
12 | of this Act. | ||||||
13 | This Act does not authorize the advertising of dental | ||||||
14 | services when the offeror of such services is not a dentist. | ||||||
15 | Nor shall the dentist use statements which contain false, | ||||||
16 | fraudulent, deceptive or misleading material or guarantees of | ||||||
17 | success, statements which play upon the vanity or fears of the | ||||||
18 | public, or statements which promote or produce unfair | ||||||
19 | competition. | ||||||
20 | A dentist shall be required to keep a copy of all | ||||||
21 | advertisements for a period of 3 years. All advertisements in | ||||||
22 | the dentist's possession shall indicate the accurate date and | ||||||
23 | place of publication. | ||||||
24 | The Department shall adopt rules to carry out the intent | ||||||
25 | of this Section. | ||||||
26 | (Source: P.A. 99-329, eff. 1-1-16 .)
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