Bill Text: IL HB1010 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Dental Practice Act. Provides that the public member of the Board of Dentistry shall not participate in rulemaking or disciplinary cases that involve clinical standards or clinical judgments by dentists. Provides that in the interest of public safety, the Board shall annually review emerging scientific technology and applications and, when appropriate, adopt rules to govern the appropriate use and require the appropriate training needed for this technology by dental hygienists and assistants acting under the supervision of a dentist. Provides that training for cardiopulmonary resuscitation certification as required by this Act shall count towards a dentist's continuing education hours. Provides that a person practices dentistry, within the meaning of the Act, who takes impressions of human teeth or performs any phase of any operation incident to teeth whitening, including, but not limited to, the sale, instruction, and application on site of teeth whitening materials or procedures. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2009-05-08 - Rule 3-9(a) / Re-referred to Assignments [HB1010 Detail]

Download: Illinois-2009-HB1010-Engrossed.html

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AN ACT concerning dental practice.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
changing Sections 16, 17, and 49 and by adding Section 7.5 as
follows:
(225 ILCS 25/7.5 new)
Sec. 7.5. Emerging scientific technology and applications.
In the interest of public safety, the Board may review emerging
scientific technology and applications and, when appropriate,
adopt rules to govern the appropriate use and require the
appropriate training needed for this technology by dental
hygienists and assistants acting under the supervision of a
dentist. "Emerging scientific technology" may include without
limitation laser treatments and other treatments and potential
treatments that, if used incorrectly, could have an adverse
effect on patient health and safety.
(225 ILCS 25/16) (from Ch. 111, par. 2316)
(Section scheduled to be repealed on January 1, 2016)
Sec. 16. Expiration, renewal and restoration of licenses.
The expiration date and renewal date for each license issued
under this Act shall be set by rule. The renewal period for

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each license issued under this Act shall be 3 years. A dentist
or dental hygienist may renew a license during the month
preceding its expiration date by paying the required fee. A
dental hygienist shall provide proof of current
cardiopulmonary resuscitation certification at the time of
renewal. Cardiopulmonary resuscitation certification training
taken as a requirement of this Section shall be counted towards
the continuing education hours under Section 16.1 of this Act.
Any dentist or dental hygienist whose license has expired
or whose license is on inactive status may have his license
restored at any time within 5 years after the expiration
thereof, upon payment of the required fee and a showing of
proof of compliance with current continuing education
requirements, as provided by rule.
Any person whose license has been expired for more than 5
years or who has had his license on inactive status for more
than 5 years may have his license restored by making
application to the Department and filing proof acceptable to
the Department of taking continuing education and of his
fitness to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction, and by
paying the required restoration fee. A person practicing on an
expired license is deemed to be practicing without a license.
However, a holder of a license may renew the license within 90
days after its expiration by complying with the requirements
for renewal and payment of an additional fee. A license renewal

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within 90 days after expiration shall be effective
retroactively to the expiration date.
If a person whose license has expired or who has had his
license on inactive status for more than 5 years has not
maintained an active practice satisfactory to the department,
the Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active status
and may require the person to complete a period of evaluated
clinical experience and may require successful completion of a
practical examination.
However, any person whose license has expired while he has
been engaged (1) in federal or state service active duty, or
(2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his license restored without paying any
lapsed renewal or restoration fee, if within 2 years after
termination of such service, training or education other than
by dishonorable discharge, he furnishes the Department with
satisfactory proof that he has been so engaged and that his
service, training or education has been so terminated.
(Source: P.A. 94-409, eff. 12-31-05.)
(225 ILCS 25/17) (from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. Acts Constituting the Practice of Dentistry. A
person practices dentistry, within the meaning of this Act:

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(1) Who represents himself as being able to diagnose or
diagnoses, treats, prescribes, or operates for any
disease, pain, deformity, deficiency, injury, or physical
condition of the human tooth, teeth, alveolar process, gums
or jaw; or
(2) Who is a manager, proprietor, operator or conductor
of a business where dental operations are performed; or
(3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for dental
diagnostic purposes; or
(5) Who extracts a human tooth or teeth, or corrects or
attempts to correct malpositions of the human teeth or
jaws; or
(6) Who offers or undertakes, by any means or method,
to diagnose, treat or remove stains, calculus, and bonding
materials from human teeth or jaws; or
(7) Who uses or administers local or general
anesthetics in the treatment of dental or oral diseases or
in any preparation incident to a dental operation of any
kind or character; or
(8) Who takes impressions of the human tooth, teeth, or
jaws or performs any phase of any operation incident to the
replacement of a part of a tooth, a tooth, teeth or
associated tissues by means of a filling, crown, a bridge,
a denture or other appliance; or
(9) Who offers to furnish, supply, construct,

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reproduce or repair, or who furnishes, supplies,
constructs, reproduces or repairs, prosthetic dentures,
bridges or other substitutes for natural teeth, to the user
or prospective user thereof; or
(10) Who instructs students on clinical matters or
performs any clinical operation included in the curricula
of recognized dental schools and colleges; or .
(11) Who takes impressions of human teeth or performs
any phase of any operation incident to teeth whitening,
including, but not limited to, the sale, instruction, and
application on site of teeth whitening materials or
procedures.
The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
dentistry.
The following practices, acts, and operations, however,
are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he undertakes to reproduce or reproduces lost parts
of the human teeth in the mouth or to restore or replace
lost or missing teeth in the mouth; or
(b) The practice of dentistry in the discharge of their

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official duties by dentists in any branch of the Armed
Services of the United States, the United States Public
Health Service, or the United States Veterans
Administration; or
(c) The practice of dentistry by students in their
course of study in dental schools or colleges approved by
the Department, when acting under the direction and
supervision of dentists acting as instructors; or
(d) The practice of dentistry by clinical instructors
in the course of their teaching duties in dental schools or
colleges approved by the Department:
(i) when acting under the direction and
supervision of dentists, provided that such clinical
instructors have instructed continuously in this State
since January 1, 1986; or
(ii) when holding the rank of full professor at
such approved dental school or college and possessing a
current valid license or authorization to practice
dentistry in another country; or
(e) The practice of dentistry by licensed dentists of
other states or countries at meetings of the Illinois State
Dental Society or component parts thereof, alumni meetings
of dental colleges, or any other like dental organizations,
while appearing as clinicians; or
(f) The use of X-Ray machines for exposing X-Ray films
of dental or oral tissues by dental hygienists or dental

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assistants; or
(g) The performance of any dental service by a dental
assistant, if such service is performed under the
supervision and full responsibility of a dentist.
For purposes of this paragraph (g), "dental service" is
defined to mean any intraoral procedure or act which shall
be prescribed by rule or regulation of the Department.
Dental service, however, shall not include:
(1) Any and all diagnosis of or prescription for
treatment of disease, pain, deformity, deficiency,
injury or physical condition of the human teeth or
jaws, or adjacent structures.
(2) Removal of, or restoration of, or addition to
the hard or soft tissues of the oral cavity.
(3) Any and all correction of malformation of teeth
or of the jaws.
(4) Administration of anesthetics, except for
application of topical anesthetics and monitoring of
nitrous oxide. Monitoring of nitrous oxide may be
performed after successful completion of a training
program approved by the Department.
(5) Removal of calculus from human teeth.
(6) Taking of impressions for the fabrication of
prosthetic appliances, crowns, bridges, inlays,
onlays, or other restorative or replacement dentistry.
(7) The operative procedure of dental hygiene

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consisting of oral prophylactic procedures, except for
coronal polishing, which may be performed by a dental
assistant who has successfully completed a training
program approved by the Department. Dental assistants
may perform coronal polishing under the following
circumstances: (i) the coronal polishing shall be
limited to polishing the clinical crown of the tooth
and existing restorations, supragingivally; (ii) the
dental assistant performing the coronal polishing
shall be limited to the use of rotary instruments using
a rubber cup or brush polishing method (air polishing
is not permitted); and (iii) the supervising dentist
shall not supervise more than 4 dental assistants at
any one time for the task of coronal polishing.
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a general dental license and has complied with all
provisions of Section 9 of this Act, except for the
passage of the examination specified in subsection
(e), of Section 9, of this Act; or
(ii) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a temporary dental license and has complied with all
provisions of subsection (c), of Section 11, of this
Act; and

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(iii) has been accepted or appointed for specialty
or residency training by a hospital situated in this
State; or
(iv) has been accepted or appointed for specialty
training in an approved dental program situated in this
State; or
(v) has been accepted or appointed for specialty
training in a dental public health agency situated in
this State.
The applicant shall be permitted to practice dentistry
for a period of 3 months from the starting date of the
program, unless authorized in writing by the Department to
continue such practice for a period specified in writing by
the Department.
The applicant shall only be entitled to perform such
acts as may be prescribed by and incidental to their
program of residency or specialty training and shall not
otherwise engage in the practice of dentistry in this
State.
The authority to practice shall terminate immediately
upon:
(1) the decision of the Department that the
applicant has failed the examination; or
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 91-594, eff. 1-1-00.)

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(225 ILCS 25/49) (from Ch. 111, par. 2349)
(Section scheduled to be repealed on January 1, 2016)
Sec. 49. Identification of dentures.
(a) Every complete upper and lower denture and removable
dental prosthesis fabricated by a dentist, or fabricated
pursuant to his or her prescription, shall be marked with the
name or social security number, or both, of the patient for
whom the prosthesis is intended. The markings shall be done
during fabrication and shall be permanent, legible and
cosmetically acceptable. The exact location of the markings and
the methods used to apply or implant them shall be determined
by the dentist or dental laboratory fabricating the prosthesis.
If in the professional judgment of the dentist, this full
identification is not possible, the name or social security
number may be omitted.
(b) Any removable dental prosthesis in existence which was
not marked in accordance with paragraph (a) of this Section at
the time of fabrication, shall be so marked at the time of any
subsequent rebasing or duplication.
(Source: P.A. 84-365.)
Section 99. Effective date. This Act takes effect upon