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| Public Act 103-0425
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| HB2077 Enrolled | LRB103 05331 AMQ 50350 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
changing Sections 4, 11, 16.1, 17, 19, 23, and 50 and by adding |
Section 50.1 as follows:
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(225 ILCS 25/4)
(from Ch. 111, par. 2304)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 4. Definitions. As used in this Act:
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"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file as maintained by the Department's |
licensure maintenance unit. It is the duty of the applicant or |
licensee to inform the Department of any change of address and |
those changes must be made either through the Department's |
website or by contacting the Department. |
"Department" means the Department of Financial and |
Professional Regulation.
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"Secretary" means the Secretary of Financial and |
Professional Regulation.
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"Board" means the Board of Dentistry.
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"Dentist" means a person who has received a general |
license pursuant
to paragraph (a) of Section 11 of this Act and |
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who may perform any intraoral
and extraoral procedure required |
in the practice of dentistry and to whom is
reserved the |
responsibilities specified in Section 17.
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"Dental hygienist" means a person who holds a license |
under this Act to
perform dental services as authorized by |
Section 18.
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"Dental assistant" means an appropriately trained person
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who, under the supervision of a dentist, provides dental |
services
as authorized by Section 17.
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"Expanded function dental assistant" means a dental |
assistant who has completed the training required by Section |
17.1 of this Act. |
"Dental laboratory" means a person, firm, or corporation |
which:
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(i) engages in making, providing, repairing, or |
altering dental
prosthetic appliances and other artificial |
materials and devices which are
returned to a dentist for |
insertion into the human oral cavity or which
come in |
contact with its adjacent structures and tissues; and
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(ii) utilizes or employs a dental technician to |
provide such services; and
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(iii) performs such functions only for a dentist or |
dentists.
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"Supervision" means supervision of a dental hygienist or a |
dental
assistant requiring that a dentist authorize the |
procedure, remain in the
dental facility while the procedure |
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is performed, and approve the work
performed by the dental |
hygienist or dental assistant before dismissal of
the patient, |
but does not mean that the dentist must be present at all
times |
in the treatment room.
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"General supervision" means supervision of a dental |
hygienist
requiring that the patient be a patient of record,
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that the dentist
examine the patient in accordance with |
Section 18 prior to treatment by the
dental hygienist, and |
that the
dentist authorize the procedures which
are being |
carried
out by a notation in the patient's record, but not |
requiring that a dentist
be present when the authorized
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procedures are being performed. The
issuance of a prescription |
to a dental laboratory by a
dentist does not constitute |
general supervision.
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"Public member" means a person who is not a health |
professional.
For purposes of board membership, any person |
with a significant financial
interest in a health service or |
profession is not a public member.
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"Dentistry" means the healing art which is concerned with |
the
examination, diagnosis, treatment planning, and care of |
conditions within
the human oral cavity and its adjacent |
tissues and structures, as further
specified in Section 17.
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"Branches of dentistry" means the various specialties of |
dentistry
which, for purposes of this Act, shall be limited to |
the following:
endodontics, oral and maxillofacial surgery, |
orthodontics and dentofacial
orthopedics, pediatric dentistry,
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periodontics, prosthodontics, oral and maxillofacial
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radiology, and dental anesthesiology.
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"Specialist" means a dentist who has received a specialty |
license
pursuant to Section 11(b).
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"Dental technician" means a person who owns, operates, or |
is
employed by a dental laboratory and engages in making, |
providing, repairing,
or altering dental prosthetic appliances |
and other artificial materials and
devices which are returned |
to a dentist for insertion into the human oral
cavity or which |
come in contact with its adjacent structures and tissues.
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"Impaired dentist" or "impaired dental hygienist" means a |
dentist
or dental hygienist who is unable to practice with
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reasonable skill and safety because of a physical or mental |
disability as
evidenced by a written determination or written |
consent based on clinical
evidence, including deterioration |
through the aging process, loss of motor
skills, abuse of |
drugs or alcohol, or a psychiatric disorder, of sufficient
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degree to diminish the person's ability to deliver competent |
patient care.
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"Nurse" means a registered professional nurse, a certified |
registered
nurse anesthetist licensed as an advanced practice
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registered nurse, or a licensed practical nurse licensed under |
the Nurse Practice Act.
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"Patient of record" means a patient for whom the patient's |
most recent
dentist has obtained
a
relevant medical and dental |
history and on whom the dentist has performed an
examination |
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and evaluated the condition to be treated.
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"Dental responder" means a dentist or dental hygienist who |
is appropriately certified in disaster preparedness, |
immunizations, and dental humanitarian medical response |
consistent with the Society of Disaster Medicine and Public |
Health and training certified by the National Incident |
Management System or the National Disaster Life Support |
Foundation.
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"Mobile dental van or portable dental unit" means any |
self-contained or portable dental unit in which dentistry is |
practiced that can be moved, towed, or transported from one |
location to another in order to establish a location where |
dental services can be provided. |
"Public health dental hygienist" means a hygienist who |
holds a valid license to practice in the State, has 2 years of |
full-time clinical experience or an equivalent of 4,000 hours |
of clinical experience, and has completed at least 42 clock |
hours of additional structured courses in dental education in |
advanced areas specific to public health dentistry. |
"Public health setting" means a federally qualified health |
center; a federal, State, or local public health facility; |
Head Start; a special supplemental nutrition program for |
Women, Infants, and Children (WIC) facility; a certified |
school-based health center or school-based oral health |
program; a prison; or a long-term care facility. |
"Public health supervision" means the supervision of a |
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public health dental hygienist by a licensed dentist who has a |
written public health supervision agreement with that public |
health dental hygienist while working in an approved facility |
or program that allows the public health dental hygienist to |
treat patients, without a dentist first examining the patient |
and being present in the facility during treatment, (1) who |
are eligible for Medicaid or (2) who are uninsured and whose |
household income is not greater than 300% 200% of the federal |
poverty level. |
"Teledentistry" means the use of telehealth systems and |
methodologies in dentistry and includes patient care and |
education delivery using synchronous and asynchronous |
communications under a dentist's authority as provided under |
this Act. |
(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; |
102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. |
1-1-23.)
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(225 ILCS 25/11) (from Ch. 111, par. 2311)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 11. Types of dental licenses. The Department shall |
have the
authority to issue the following types of licenses:
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(a) General licenses. The Department shall issue a license |
authorizing
practice as a dentist to any person who qualifies |
for a license under this Act.
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(b) Specialty licenses. The Department shall issue a
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license authorizing practice as a specialist in any particular
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branch of dentistry to any dentist who has complied with the
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requirements established for that particular branch of |
dentistry at the
time of making application. The Department |
shall establish additional
requirements of any dentist who |
announces or holds himself or herself out
to the public as a |
specialist or as being specially qualified in any
particular |
branch of dentistry.
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No dentist shall announce or hold himself or herself out |
to the public as
a specialist or as being specially qualified |
in any particular branch of
dentistry unless he or she is |
licensed to practice in that specialty of
dentistry.
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The fact that any dentist shall announce by card, |
letterhead, or any
other form of communication using terms as |
"Specialist", ," "Practice
Limited To", or "Limited to |
Specialty of" with the name of the branch of
dentistry |
practiced as a specialty, or shall use equivalent words or
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phrases to announce the same, shall be prima facie evidence |
that the
dentist is holding himself or herself out to the |
public as a specialist.
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(c) Temporary training licenses. Persons who wish to |
pursue
specialty or other advanced clinical educational |
programs
in an approved dental school or a hospital situated
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in this State, or persons who wish to pursue programs of |
specialty
training in dental public health in public agencies |
in this State, may
receive without examination, in the |
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discretion of the Department, a
temporary training license. In |
order to receive a temporary
training license under this |
subsection, an applicant shall furnish
satisfactory proof to |
the Department that:
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(1) The applicant is at least 21 years of age and is of |
good moral
character. In determining moral character under |
this Section, the
Department may take into consideration |
any felony conviction of the
applicant, but such a |
conviction shall not operate as bar to licensure;
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(2) The applicant has been accepted or appointed for |
specialty or
residency training by an approved hospital |
situated in this State, by an
approved dental school |
situated in this State, or by a public health agency
in |
this State the training programs of which are recognized |
and approved by
the Department. The applicant shall |
indicate the beginning and ending
dates of the period for |
which he or she has been accepted or appointed;
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(3) The applicant is a graduate of a dental school or |
college approved
and in good standing in the judgment of |
the Department.
The Department may consider diplomas or |
certifications of education, or both,
accompanied by |
transcripts of course work and credits awarded to |
determine
if an applicant has graduated from a dental |
school or college approved and
in good standing. The |
Department may also consider diplomas or
certifications of |
education, or both, accompanied by transcripts of course
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work and credits awarded in determining whether a dental |
school or college
is approved and in good standing.
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Temporary training licenses issued under this
Section |
shall be valid only for the duration of the period of residency |
or
specialty training and may be extended or renewed as |
prescribed by rule.
The holder of a valid temporary training |
license shall be entitled thereby to
perform acts as may be |
prescribed by and incidental to his or her program of
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residency or specialty training; but he or she shall not be |
entitled to
engage in the practice of dentistry in this State.
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A temporary training license may be revoked by the
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Department upon proof that the holder has engaged in the
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practice of dentistry in this State outside of his or her |
program of residency
or specialty training, or if the holder |
shall fail to supply the
Department, within 10 days of its |
request, with information as to his
or her current status and |
activities in his or her specialty training program.
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(d) Faculty limited licenses.
Persons who have received |
full-time appointments to
teach dentistry at an approved |
dental school or hospital situated in this
State may receive |
without examination, in the discretion of the Department,
a |
faculty limited license. In order to
receive a faculty limited |
license an applicant shall furnish satisfactory
proof to the |
Department that:
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(1) The applicant is at least 21 years of age, is of |
good moral
character, and is licensed to
practice |
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dentistry in another state or country; and
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(2) The applicant has a full-time appointment to teach
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dentistry at an approved
dental school or hospital |
situated in this State.
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Faculty limited licenses issued under
this Section shall |
be
valid for a period of 3 years and may be extended or
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renewed. The
holder of a valid faculty limited license
may |
perform acts as may
be required by his or her teaching of |
dentistry.
The In addition, the holder of a faculty limited |
license may practice general
dentistry or in his or her area of |
specialty, but only in a clinic or office
affiliated with the |
dental school. The holder of a faculty limited license may |
advertise a specialty degree as part of the licensee's ability |
to practice in a faculty practice. Any faculty limited license |
issued to a
faculty member under this Section shall terminate |
immediately and
automatically,
without any further action by |
the Department, if the holder ceases to be a
faculty member at |
an approved dental school or hospital in this State.
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The Department may revoke a faculty limited license for a |
violation of
this Act or its rules, or if the holder fails to
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supply the Department, within 10 days of its request, with |
information as
to his or her current status and activities in |
his or her teaching program.
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(e) Inactive status. Any person who holds one of the |
licenses
under subsection (a) or (b) of Section 11 or under |
Section 12 of this Act may
elect, upon payment of
the required |
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fee, to place his or her license on an inactive status and |
shall,
subject to the rules of the
Department, be excused from |
the payment of renewal fees until he or she
notifies the |
Department in writing of his or her desire to resume active
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status.
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Any licensee requesting restoration from inactive status |
shall be
required to pay the current renewal fee and upon |
payment the Department
shall be required to restore his or her |
license, as provided in Section 16 of
this Act.
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Any licensee whose license is in an
inactive status shall |
not practice in the State of Illinois.
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(f) Certificates of Identification. In addition to the |
licenses
authorized by this Section, the Department shall |
deliver to each dentist a
certificate of identification in a |
form specified by the Department.
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(Source: P.A. 100-976, eff. 1-1-19.)
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(225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 16.1. Continuing education. The Department shall |
promulgate
rules of continuing education for persons licensed |
under
this Act. In establishing rules, the Department shall |
require a minimum of
48 hours of study in approved courses for |
dentists during each 3-year
licensing period and a minimum of |
36 hours of study in approved courses for
dental hygienists |
during each 3-year licensing period.
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The Department shall approve only courses that are |
relevant to the
treatment and care of patients, including, but |
not limited to, clinical
courses in dentistry and dental |
hygiene and nonclinical courses such as
patient management, |
legal and ethical responsibilities, and stress
management. The |
Department shall allow up to 4 hours of continuing education |
credit hours per license renewal period for volunteer hours |
spent providing clinical services at, or sponsored by, a |
nonprofit community clinic, local or state health department, |
or a charity event. Courses shall not be approved in such |
subjects as estate and
personal financial planning, personal |
investments, or personal health. Approved courses may
include, |
but shall not be limited to, courses that are offered or |
sponsored
by approved colleges, universities, and hospitals |
and by recognized
national, State, and local dental and dental |
hygiene organizations. When offering a continuing education |
course, whether at no cost or for a fee, the course provider |
shall explicitly disclose that the course is an approved |
course for continuing education in the State of Illinois, as |
provided in this Section or by the rules adopted by the |
Department.
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No license shall be renewed unless the
renewal application |
is accompanied by an affidavit indicating that the
applicant |
has completed the required minimum number of hours of |
continuing
education in approved courses as required by this |
Section.
The affidavit shall not require a listing of courses. |
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The affidavit
shall be a prima facie evidence that the |
applicant has obtained the minimum
number of required |
continuing education hours in approved courses. The
Department |
shall not be obligated to conduct random
audits or otherwise |
independently verify that an applicant has met the
continuing |
education requirement.
The Department, however, may not |
conduct random audits
of more than 10% of the licensed
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dentists and dental hygienists in any one licensing cycle
to |
verify compliance
with continuing education requirements.
If |
the Department, however, receives a
complaint that a licensee |
has not completed the required continuing
education or if the |
Department is investigating another alleged violation
of this |
Act by a licensee, the Department may demand and shall be |
entitled
to receive evidence from any licensee of completion |
of required
continuing education courses for the most recently |
completed 3-year
licensing period.
Evidence of continuing |
education may include, but is not limited to, canceled
checks, |
official verification forms of attendance, and continuing |
education
recording forms, that demonstrate a reasonable |
record of attendance. The
Board shall determine, in accordance |
with rules adopted by the
Department,
whether a licensee or |
applicant has met the continuing education
requirements.
Any |
dentist who holds more than one license under this
Act shall be |
required to complete
only the minimum number of hours of |
continuing education required for
renewal of a single license. |
The Department may provide exemptions from
continuing |
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education requirements.
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(Source: P.A. 99-492, eff. 12-31-15.)
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(225 ILCS 25/17) (from Ch. 111, par. 2317)
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(Section scheduled to be repealed on January 1, 2026)
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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 or herself 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
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(2) Who is a manager, proprietor, operator, or |
conductor of a
business where
dental operations are |
performed; or
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(3) Who performs dental operations of any kind; or
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(4) Who uses an X-Ray machine or X-Ray films for
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dental diagnostic purposes; or
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(5) Who extracts a human tooth or teeth, or corrects |
or attempts to
correct
malpositions of the human teeth or |
jaws; or
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(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
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(7) Who uses or administers local or general |
anesthetics in the treatment
of dental or oral diseases or |
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in any preparation incident to a dental operation
of any |
kind or character; or
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(8) Who takes material or digital scans for final |
impressions of the human tooth, teeth, or jaws or performs
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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
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(9) Who offers to furnish, supply, construct, |
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
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(10) Who instructs students on clinical matters or |
performs any clinical
operation included in the curricula |
of recognized dental schools and colleges; or
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(11) Who takes material or digital scans for final |
impressions of human teeth or places his or her hands in |
the mouth of any person for the purpose of applying teeth |
whitening materials, or who takes impressions of human |
teeth or places his or her hands in the mouth of any person |
for the purpose of assisting in the application of teeth |
whitening materials. A person does not practice dentistry |
when he or she discloses to the consumer that he or she is |
not licensed as a dentist under this Act and (i) discusses |
the use of teeth whitening materials with a consumer |
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purchasing these materials; (ii) provides instruction on |
the use of teeth whitening materials with a consumer |
purchasing these materials; or (iii) provides appropriate |
equipment on-site to the consumer for the consumer to |
self-apply teeth whitening materials. |
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.
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The following practices, acts, and operations, however, |
are exempt from
the operation of this Act:
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(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 or she undertakes to reproduce or reproduces
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lost parts of the human teeth in the mouth or to restore or |
replace lost
or missing teeth in the mouth; or
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(b) The practice of dentistry in the discharge of |
their 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
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Administration; or
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(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 |
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supervision of dentists acting as instructors; or
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(d) The practice of dentistry by clinical instructors |
in the course of
their teaching duties in dental schools |
or colleges approved by the
Department:
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(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
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(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
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(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
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organizations, while appearing as clinicians; or
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(f) The use of X-Ray machines for exposing X-Ray films |
of dental or oral
tissues by dental hygienists or dental |
assistants; or
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(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. In |
addition, after being authorized by a dentist, a dental |
assistant may, for the purpose of eliminating pain or |
discomfort, remove loose, broken, or irritating |
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orthodontic appliances on a patient of record.
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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:
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(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.
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(2) Removal of, or restoration of, or addition
to |
the hard or soft tissues of the oral cavity, except for |
the placing, carving, and finishing of amalgam |
restorations and placing, packing, and finishing |
composite restorations by dental assistants who have |
had additional formal education and certification. |
A dental assistant may place, carve, and finish |
amalgam restorations, place, pack, and finish |
composite restorations, and place interim restorations |
if he or she (A) has successfully completed a |
structured training program as described in item (2) |
of subsection (g) provided by an educational |
institution accredited by the Commission on Dental |
Accreditation, such as a dental school or dental |
hygiene or dental assistant program, or (B) has at |
least 4,000 hours of direct clinical patient care |
experience and has successfully completed a structured |
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training program as described in item (2) of |
subsection (g) provided by a statewide dental |
association, approved by the Department to provide |
continuing education, that has developed and conducted |
training programs for expanded functions for dental |
assistants or hygienists. The training program must: |
(i) include a minimum of 16 hours of didactic study and |
14 hours of clinical manikin instruction; all training |
programs shall include areas of study in nomenclature, |
caries classifications, oral anatomy, periodontium, |
basic occlusion, instrumentations, pulp protection |
liners and bases, dental materials, matrix and wedge |
techniques, amalgam placement and carving, rubber dam |
clamp placement, and rubber dam placement and removal; |
(ii) include an outcome assessment examination that |
demonstrates competency; (iii) require the supervising |
dentist to observe and approve the completion of 8 |
amalgam or composite restorations; and (iv) issue a |
certificate of completion of the training program, |
which must be kept on file at the dental office and be |
made available to the Department upon request. A |
dental assistant must have successfully completed an |
approved coronal polishing and dental sealant course |
prior to taking the amalgam and composite restoration |
course. |
A dentist utilizing dental assistants shall not |
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supervise more than 4 dental assistants at any one |
time for placing, carving, and finishing of amalgam |
restorations or for placing, packing, and finishing |
composite restorations.
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(3) Any and all correction of malformation of |
teeth or of the jaws.
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(4) Administration of anesthetics, except for |
monitoring of
nitrous oxide, conscious sedation, deep |
sedation, and general anesthetic as provided in |
Section 8.1 of this Act, that may be performed only |
after successful completion of a training
program |
approved by the Department. A dentist utilizing dental |
assistants shall not supervise more than 4 dental |
assistants at any one time for the monitoring of |
nitrous oxide.
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(5) Removal of calculus from human teeth.
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(6) Taking of material or digital scans for final |
impressions for the fabrication of prosthetic
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appliances,
crowns,
bridges, inlays, onlays, or other |
restorative or replacement
dentistry.
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(7) The operative procedure of dental hygiene |
consisting of oral
prophylactic procedures, except for |
coronal polishing and pit and fissure sealants,
which |
may be
performed by a
dental assistant who has |
successfully completed a training program approved by
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the Department. Dental assistants may perform coronal |
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polishing under the
following circumstances: (i) the |
coronal polishing shall be limited to
polishing the
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clinical crown of the tooth and existing restorations, |
supragingivally; (ii)
the
dental assistant performing |
the coronal polishing shall be limited to the use
of
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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 or pit and fissure sealants.
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In addition to coronal polishing and pit and |
fissure sealants as described in this item (7), a |
dental assistant who has at least 2,000 hours of |
direct clinical patient care experience and who has |
successfully completed a structured training program |
provided by (1) an educational institution including, |
but not limited to, a dental school or dental hygiene |
or dental assistant program, or (2) a continuing |
education provider approved by the Department, or (3) |
a statewide dental or dental hygienist association, |
approved by the Department on or before January 1, |
2017 (the effective date of Public Act 99-680), that |
has developed and conducted a training program for |
expanded functions for dental assistants or hygienists |
may perform: (A) coronal scaling above the gum line, |
supragingivally, on the clinical crown of the tooth |
|
only on patients 17 years of age or younger who have an |
absence of periodontal disease and who are not |
medically compromised or individuals with special |
needs and (B) intracoronal temporization of a tooth. |
The training program must: (I) include a minimum of 32 |
hours of instruction in both didactic and clinical |
manikin or human subject instruction; all training |
programs shall include areas of study in dental |
anatomy, public health dentistry, medical history, |
dental emergencies, and managing the pediatric |
patient; (II) include an outcome assessment |
examination that demonstrates competency; (III) |
require the supervising dentist to observe and approve |
the completion of 6 full mouth supragingival scaling |
procedures unless the training was received as part of |
a Commission on Dental Accreditation approved dental |
assistant program; and (IV) issue a certificate of |
completion of the training program, which must be kept |
on file at the dental office and be made available to |
the Department upon request. A dental assistant must |
have successfully completed an approved coronal |
polishing course prior to taking the coronal scaling |
course. A dental assistant performing these functions |
shall be limited to the use of hand instruments only. |
In addition, coronal scaling as described in this |
paragraph shall only be utilized on patients who are |
|
eligible for Medicaid, who are uninsured, or whose |
household income is not greater than 300% of the |
federal poverty level. A dentist may not supervise |
more than 2 dental assistants at any one time for the |
task of coronal scaling. This paragraph is inoperative |
on and after January 1, 2026. |
The limitations on the number of dental assistants a |
dentist may supervise contained in items (2), (4), and (7) |
of this paragraph (g) mean a limit of 4 total dental |
assistants or dental hygienists doing expanded functions |
covered by these Sections being supervised by one dentist; |
or |
(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
|
(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 his or her |
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. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; |
102-936, eff. 1-1-23.)
|
|
(225 ILCS 25/19) (from Ch. 111, par. 2319)
|
(Section scheduled to be repealed on January 1, 2026)
|
Sec. 19. Licensing applicants from other states. Any |
person who has
been lawfully licensed to practice dentistry, |
including the practice of a licensed dental specialty, or |
dental hygiene in
another state or territory
or as a member of |
the military service which has and maintains a standard for |
the practice of dentistry, a dental specialty, or dental
|
hygiene at least equal to that now maintained in this State, or |
if the
requirements for licensure in such state or territory |
in which the
applicant was licensed were, at the date of his or |
her licensure, substantially
equivalent to the requirements |
then in force in this State, and who has
been lawfully engaged |
in
the practice of dentistry or dental hygiene for at least 2 3 |
of the 5 years
immediately preceding the filing of his or her |
application
to practice in this State
and who shall deposit |
with the Department a duly attested certificate from
the Board |
of the state or territory in which he or she is licensed,
|
certifying to the fact of his or her licensing and of his or |
her being a
person of good moral character may, upon payment of |
the required fee, be
granted a license to practice dentistry, |
a dental specialty, or dental hygiene in this State, as the |
case may be.
|
For the purposes of this Section, "substantially |
equivalent" means that the applicant has presented evidence of |
completion and graduation from an American Dental Association |
|
accredited dental college or school in the United States or |
Canada, presented evidence that the applicant has passed both |
parts of the National Board Dental Examination, and |
successfully completed an examination conducted by a regional |
testing service. In computing 3 of the immediately
preceding 5 |
years of
practice in another state or territory, any person |
who left the practice
of dentistry to enter the military |
service and who practiced dentistry
while in the military |
service may count as a part of such period the
time spent by |
him or her in such service.
|
Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 3 years,
the application shall be denied, the fee |
forfeited and the
applicant must reapply and meet the |
requirements in effect at the time of
reapplication.
|
(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
|
(225 ILCS 25/23) (from Ch. 111, par. 2323)
|
(Section scheduled to be repealed on January 1, 2026)
|
Sec. 23. Refusal, revocation or suspension of dental |
licenses. The
Department may refuse to issue or renew, or may |
revoke, suspend, place on
probation, reprimand or take other |
disciplinary or non-disciplinary action as the Department
may |
deem proper, including imposing fines not to exceed $10,000 |
per violation, with
regard to any license for any one or any |
combination of
the following causes:
|
|
1. Fraud or misrepresentation in applying for or |
procuring a license under this Act, or in connection with |
applying for renewal of a license under this Act.
|
2. Inability to practice with reasonable judgment, |
skill, or safety as a result of habitual or excessive use |
or addiction to alcohol, narcotics, stimulants, or any |
other chemical agent or drug.
|
3. Willful or repeated violations of the rules of the |
Department of
Public Health or Department of Nuclear |
Safety.
|
4. Acceptance of a fee for service as a witness, |
without the
knowledge of the court, in addition to the fee |
allowed by the court.
|
5. Division of fees or agreeing to split or divide the |
fees received
for dental services with any person for |
bringing or referring a patient,
except in regard to |
referral services as provided for under Section 45,
or |
assisting in the care or treatment of a patient,
without |
the
knowledge of the patient or his or her legal |
representative. Nothing in this item 5 affects any bona |
fide independent contractor or employment arrangements |
among health care professionals, health facilities, health |
care providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements may include |
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
|
within the scope of the licensee's practice under this |
Act. Nothing in this item 5 shall be construed to require |
an employment arrangement to receive professional fees for |
services rendered.
|
6. Employing, procuring, inducing, aiding or abetting |
a person not
licensed or registered as a dentist or dental |
hygienist to engage in the practice of
dentistry or dental |
hygiene. The person practiced upon is not an accomplice, |
employer,
procurer, inducer, aider, or abetter within the |
meaning of this Act.
|
7. Making any misrepresentations or false promises, |
directly or
indirectly, to influence, persuade or induce |
dental patronage.
|
8. Professional connection or association with or |
lending his or her name
to another for the illegal |
practice of dentistry by another, or
professional |
connection or association with any person, firm or
|
corporation holding himself, herself, themselves, or |
itself out in any manner
contrary to this Act.
|
9. Obtaining or seeking to obtain practice, money, or |
any other
things of value by false or fraudulent |
representations, but
not limited to, engaging in such |
fraudulent practice to defraud the
medical assistance |
program of the Department of Healthcare and Family |
Services (formerly Department of Public Aid) under the |
Illinois Public Aid Code.
|
|
10. Practicing under a false or, except as provided by |
law, an assumed name.
|
11. Engaging in dishonorable,
unethical, or |
unprofessional conduct of a character likely to deceive,
|
defraud, or harm the public.
|
12. Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or by |
sentencing for any crime, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States that (i) |
is a felony under the laws of this State or (ii) is a |
misdemeanor, an essential element of which is dishonesty, |
or that is directly related to the practice of dentistry.
|
13. Permitting a dental hygienist, dental assistant or |
other person
under his or her supervision to perform
any |
operation not authorized by this Act.
|
14. Permitting more than 4 dental hygienists to be |
employed under
his or her supervision at any one time.
|
15. A violation of any provision of this
Act or any |
rules promulgated under this Act.
|
16. Taking impressions for or using the services of |
any person, firm
or corporation violating this Act.
|
17. Violating any provision of Section 45 relating to |
advertising.
|
18. Discipline by another U.S. jurisdiction or foreign |
|
nation,
if at least one of the grounds for the discipline |
is the
same or substantially equivalent to those set forth |
within this Act.
|
19. Willfully failing to report an instance of |
suspected child abuse or
neglect as required by the Abused |
and Neglected Child Reporting
Act.
|
20. Gross negligence in practice under this Act.
|
21. The use or prescription for use of narcotics or |
controlled substances
or designated products as listed in |
the Illinois Controlled Substances
Act, in any way other |
than for therapeutic purposes.
|
22. Willfully making or filing false records or |
reports in his or her practice
as a dentist, including, |
but not limited to, false records to support claims
|
against the dental assistance program of the Department of |
Healthcare and Family Services (formerly
Illinois |
Department of Public
Aid).
|
23. Professional incompetence as manifested by poor |
standards of care.
|
24. Physical or mental illness, including, but not |
limited to,
deterioration
through
the aging process, or |
loss of motor skills which results in a dentist's
|
inability to practice dentistry with reasonable judgment, |
skill or safety. In
enforcing this paragraph, the |
Department may compel a person licensed to
practice under |
this Act to submit to a mental or physical examination |
|
pursuant
to the terms and conditions of Section 23b.
|
25. Gross or repeated irregularities in billing for |
services rendered
to a patient. For purposes of this |
paragraph 25, "irregularities in billing"
shall include:
|
(a) Reporting excessive charges for the purpose of |
obtaining a total
payment
in excess of that usually |
received by the dentist for the services rendered.
|
(b) Reporting charges for services not rendered.
|
(c) Incorrectly reporting services rendered for |
the purpose of obtaining
payment not earned.
|
26. Continuing the active practice of dentistry while |
knowingly having
any infectious, communicable, or |
contagious disease proscribed by rule or
regulation of the |
Department.
|
27. Being named as a perpetrator in an indicated |
report by the
Department of Children and Family Services |
pursuant to the Abused and
Neglected Child Reporting Act, |
and upon
proof by clear and convincing evidence that the |
licensee has
caused a child to be an abused child or |
neglected child as defined in the
Abused and Neglected |
Child Reporting Act.
|
28. Violating the Health Care Worker Self-Referral |
Act.
|
29. Abandonment of a patient.
|
30. Mental incompetency as declared by a court of |
competent
jurisdiction.
|
|
31. A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation. |
32. Material misstatement in furnishing information to |
the Department. |
33. Failing, within 60 days, to provide information in |
response to a written request by the Department in the |
course of an investigation. |
34. Immoral conduct in the commission of any act, |
including, but not limited to, commission of an act of |
sexual misconduct related to the licensee's practice. |
35. Cheating on or attempting to subvert the licensing |
examination administered under this Act. |
36. A pattern of practice or other behavior that |
demonstrates incapacity or incompetence to practice under |
this Act. |
37. Failure to establish and maintain records of |
patient care and treatment as required under this Act. |
38. Failure to provide copies of dental records as |
required by law. |
39. Failure of a licensed dentist who owns or is |
employed at a dental office to give notice of an office |
closure to his or her patients at least 30 days prior to |
the office closure pursuant to Section 50.1. |
40. Failure to maintain a sanitary work environment. |
All proceedings to suspend, revoke, place on probationary |
|
status, or
take any other disciplinary action as the |
Department may deem proper, with
regard to a license on any of |
the foregoing grounds, must be commenced
within 5 years after |
receipt by the Department of a complaint alleging the
|
commission of or notice of the conviction order for any of the |
acts
described herein. Except for fraud in procuring a |
license, no
action shall be commenced more than 7 years after |
the date of the incident
or act alleged to have violated this |
Section. The time during which the
holder of the license was |
outside the State of Illinois shall not be
included within any |
period of time limiting the commencement of
disciplinary |
action by the Department.
|
All fines imposed under this Section shall be paid within |
60 days after the effective date of the order imposing the fine |
or in accordance with the terms set forth in the order imposing |
the fine. |
The Department may refuse to issue or may suspend the |
license of any
person who fails to file a return, or to pay the |
tax, penalty or interest
shown in a filed return, or to pay any |
final assessment of tax, penalty or
interest, as required by |
any tax Act administered by the Illinois
Department of |
Revenue, until such time as the requirements of
any such tax |
Act are satisfied.
|
Any dentist who has had his or her license suspended or |
revoked for more than 5 years must comply with the |
requirements for restoration set forth in Section 16 prior to |
|
being eligible for reinstatement from the suspension or |
revocation. |
(Source: P.A. 99-492, eff. 12-31-15.)
|
(225 ILCS 25/50) (from Ch. 111, par. 2350)
|
(Section scheduled to be repealed on January 1, 2026)
|
Sec. 50. Patient records. Every dentist shall make
a |
record of all dental work performed for each patient. The |
record shall
be made in a manner and in sufficient detail that |
it may be used for
identification purposes. Dental records are |
the property of the office in which dentistry is practiced.
|
Dental records required by this Section shall be |
maintained for 10 years.
Dental records required to be |
maintained under this Section, or copies
of those dental |
records, shall be made available upon request to the
patient |
or the patient's guardian. A dentist shall be entitled to |
reasonable reimbursement for the cost of reproducing these |
records, which shall not exceed the cost allowed under Section |
8-2001 of the Code of Civil Procedure. A dentist providing |
services through a mobile dental van or portable dental unit |
shall provide to the patient or the patient's parent or |
guardian, in writing, the dentist's name, license number, |
address, and information on how the patient or the patient's |
parent or guardian may obtain the patient's dental records, as |
provided by law.
|
(Source: P.A. 99-492, eff. 12-31-15.)
|
|
(225 ILCS 25/50.1 new) |
Sec. 50.1. Closing a dental office. A dental office that |
is closing and will not continue to offer dentistry services |
must provide notice to its patients at least 30 days prior to |
the closure. The notice to patients shall include an |
explanation of how copies of the patient's records may be |
accessed or obtained by the patient. The notice may be given by |
publication in a newspaper of general circulation in the area |
in which the dental office is located or in an electronic |
format accessible by patients.
|
Section 10. The Illinois Controlled Substances Act is |
amended by changing Sections 309 and 311.6 as follows:
|
(720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
|
Sec. 309. On or after April 1, 2000, no person shall issue |
a
prescription for a Schedule II
controlled substance, which |
is a narcotic drug listed in Section 206 of
this Act; or which |
contains any quantity of amphetamine or
methamphetamine, their |
salts, optical isomers or salts of optical
isomers; |
phenmetrazine and its salts; gluthethimide; and pentazocine, |
other than on a written
prescription; provided
that in the |
case of an emergency, epidemic or a
sudden or unforeseen |
accident or calamity, the prescriber may issue a
lawful oral |
prescription where failure to
issue such a prescription might |
|
result in
loss of life or intense suffering, but such oral |
prescription shall
include a statement by the prescriber |
concerning the accident
or calamity, or circumstances |
constituting the emergency, the cause for
which an oral |
prescription was used. Within
7 days after issuing an
|
emergency prescription, the prescriber shall cause a written |
prescription for
the emergency quantity prescribed to be |
delivered to
the dispensing pharmacist. The prescription shall |
have written on its face
"Authorization for Emergency |
Dispensing", and the date of the emergency
prescription. The |
written prescription
may be delivered to the pharmacist in |
person, or by mail, but if delivered
by mail it must be |
postmarked within the 7-day period. Upon
receipt, the
|
dispensing pharmacist shall attach this prescription to the |
emergency oral
prescription earlier received and
reduced to |
writing. The dispensing pharmacist shall notify the Department |
of Financial and Professional Regulation
if the prescriber
|
fails to deliver the authorization for emergency dispensing on |
the
prescription to him or her. Failure of the dispensing |
pharmacist to do so
shall void the authority conferred by this |
paragraph to dispense without a
written prescription of a
|
prescriber. All prescriptions issued for Schedule II
|
controlled substances shall include the quantity prescribed. |
All nonelectronic prescriptions issued for Schedule II |
controlled substances
shall include both a written and |
numerical notation of quantity on the face
of the |
|
prescription. No prescription for a Schedule II controlled |
substance
may
be refilled. The Department shall provide, at no |
cost, audit reviews and necessary information to the |
Department of Financial and Professional Regulation in |
conjunction with ongoing investigations being conducted in |
whole or part by the Department of Financial and Professional |
Regulation.
|
(Source: P.A. 97-334, eff. 1-1-12.)
|
(720 ILCS 570/311.6) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
Sec. 311.6. Opioid prescriptions. |
(a) Notwithstanding any other provision of law, a |
prescription for a substance classified in Schedule II, III, |
IV, or V must be sent electronically, in accordance with |
Section 316. Prescriptions sent in accordance with this |
subsection (a) must be accepted by the dispenser in electronic |
format. |
(b) Beginning on the effective date of this amendatory Act |
of the 103rd General Assembly until December 31, 2028, |
notwithstanding Notwithstanding any other provision of this |
Section or any other provision of law, a prescriber shall not |
be required to issue prescriptions electronically if he or she |
certifies to the Department of Financial and Professional |
Regulation that he or she will not issue more than 150 25 |
|
prescriptions during a 12-month period. Prescriptions in both |
oral and written form for controlled substances shall be |
included in determining whether the prescriber will reach the |
limit of 150 25 prescriptions. Beginning January 1, 2029, |
notwithstanding any other provision of this Section or any |
other provision of law, a prescriber shall not be required to |
issue prescriptions electronically if he or she certifies to |
the Department of Financial and Professional Regulation that |
he or she will not issue more than 50 prescriptions during a |
12-month period. Prescriptions in both oral and written form |
for controlled substances shall be included in determining |
whether the prescriber will reach the limit of 50 |
prescriptions. |
(b-5) Notwithstanding any other provision of this Section |
or any other provision of law, a prescriber shall not be |
required to issue prescriptions
electronically under the |
following circumstances: |
(1) prior to January 1, 2026, the prescriber |
demonstrates financial difficulties in buying or managing |
an electronic prescription option, whether it is an |
electronic health record or some other electronic |
prescribing product; |
(2) on and after January 1, 2026, the prescriber |
provides proof of a waiver from the Centers for Medicare |
and Medicaid Services for the Electronic Prescribing for |
Controlled Substances Program due to demonstrated economic |
|
hardship for the previous compliance year; |
(3) there is a temporary technological or electrical |
failure that prevents an electronic prescription from |
being issued; |
(4) the prescription is for a drug that the |
practitioner reasonably determines would be impractical |
for the patient to obtain in a timely manner if prescribed |
by an electronic data transmission prescription and the |
delay would adversely impact the patient's medical |
condition; |
(5) the prescription is for an individual who: |
(A) resides in a nursing or assisted living |
facility; |
(B) is receiving hospice or palliative care; |
(C) is receiving care at an outpatient renal |
dialysis facility and the prescription is related to |
the
care provided; |
(D) is receiving care through the United States |
Department of Veterans Affairs; or |
(E) is incarcerated in a state, detained, or |
confined in a correctional facility; |
(6) the prescription prescribes a drug under a |
research protocol; |
(7) the prescription is a non-patient specific |
prescription dispensed under a standing order, approved |
protocol for drug therapy, collaborative drug management, |
|
or comprehensive medication management, or in response to |
a public health emergency or other circumstance in which |
the practitioner may issue a non-patient specific |
prescription; |
(8) the prescription is issued when the prescriber and |
dispenser are the same entity; or |
(9) the prescription is issued for a compound |
prescription containing 2 or more compounds. |
(c) The Department of Financial and Professional |
Regulation may shall adopt rules for the administration of |
this Section . These rules shall provide for the |
implementation of any such exemption to the requirements under |
this Section that the Department of Financial and Professional |
Regulation may deem appropriate, including the exemption |
provided for in subsection (b).
|
