Bill Text: IL SB2561 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Dental Practice Act. Provides that the definition of "public health setting" includes a nursing home or long-term care facility.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-12-31 - Chief Sponsor Changed to Sen. Don Harmon [SB2561 Detail]
Download: Illinois-2021-SB2561-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Dental Practice Act is amended by | |||||||||||||||||||
5 | changing Sections 4 as follows:
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6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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7 | (Section scheduled to be repealed on January 1, 2026)
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8 | Sec. 4. Definitions. As used in this Act:
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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 | |||||||||||||||||||
17 | Professional Regulation.
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18 | "Secretary" means the Secretary of Financial and | |||||||||||||||||||
19 | Professional Regulation.
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20 | "Board" means the Board of Dentistry.
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21 | "Dentist" means a person who has received a general | |||||||||||||||||||
22 | license pursuant
to paragraph (a) of Section 11 of this Act and | |||||||||||||||||||
23 | who may perform any intraoral
and extraoral procedure required |
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1 | in the practice of dentistry and to whom is
reserved the | ||||||
2 | responsibilities specified in Section 17.
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3 | "Dental hygienist" means a person who holds a license | ||||||
4 | under this Act to
perform dental services as authorized by | ||||||
5 | Section 18.
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6 | "Dental assistant" means an appropriately trained person
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7 | who, under the supervision of a dentist, provides dental | ||||||
8 | services
as authorized by Section 17.
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9 | "Expanded function dental assistant" means a dental | ||||||
10 | assistant who has completed the training required by Section | ||||||
11 | 17.1 of this Act. | ||||||
12 | "Dental laboratory" means a person, firm or corporation | ||||||
13 | which:
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14 | (i) engages in making, providing, repairing or | ||||||
15 | altering dental
prosthetic appliances and other artificial | ||||||
16 | materials and devices which are
returned to a dentist for | ||||||
17 | insertion into the human oral cavity or which
come in | ||||||
18 | contact with its adjacent structures and tissues; and
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19 | (ii) utilizes or employs a dental technician to | ||||||
20 | provide such services; and
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21 | (iii) performs such functions only for a dentist or | ||||||
22 | dentists.
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23 | "Supervision" means supervision of a dental hygienist or a | ||||||
24 | dental
assistant requiring that a dentist authorize the | ||||||
25 | procedure, remain in the
dental facility while the procedure | ||||||
26 | is performed, and approve the work
performed by the dental |
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1 | hygienist or dental assistant before dismissal of
the patient, | ||||||
2 | but does not mean that the dentist must be present at all
times | ||||||
3 | in the treatment room.
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4 | "General supervision" means supervision of a dental | ||||||
5 | hygienist
requiring that the patient be a patient of record,
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6 | that the dentist
examine the patient in accordance with | ||||||
7 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
8 | that the
dentist authorize the procedures which
are being | ||||||
9 | carried
out by a notation in the patient's record, but not | ||||||
10 | requiring that a dentist
be present when the authorized
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11 | procedures are being performed. The
issuance of a prescription | ||||||
12 | to a dental laboratory by a
dentist does not constitute | ||||||
13 | general supervision.
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14 | "Public member" means a person who is not a health | ||||||
15 | professional.
For purposes of board membership, any person | ||||||
16 | with a significant financial
interest in a health service or | ||||||
17 | profession is not a public member.
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18 | "Dentistry" means the healing art which is concerned with | ||||||
19 | the
examination, diagnosis, treatment planning and care of | ||||||
20 | conditions within
the human oral cavity and its adjacent | ||||||
21 | tissues and structures, as further
specified in Section 17.
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22 | "Branches of dentistry" means the various specialties of | ||||||
23 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
24 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
25 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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26 | periodontics, prosthodontics, and oral and maxillofacial
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1 | radiology.
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2 | "Specialist" means a dentist who has received a specialty | ||||||
3 | license
pursuant to Section 11(b).
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4 | "Dental technician" means a person who owns, operates or | ||||||
5 | is
employed by a dental laboratory and engages in making, | ||||||
6 | providing, repairing
or altering dental prosthetic appliances | ||||||
7 | and other artificial materials and
devices which are returned | ||||||
8 | to a dentist for insertion into the human oral
cavity or which | ||||||
9 | come in contact with its adjacent structures and tissues.
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10 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
11 | dentist
or dental hygienist who is unable to practice with
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12 | reasonable skill and safety because of a physical or mental | ||||||
13 | disability as
evidenced by a written determination or written | ||||||
14 | consent based on clinical
evidence, including deterioration | ||||||
15 | through the aging process, loss of motor
skills, abuse of | ||||||
16 | drugs or alcohol, or a psychiatric disorder, of sufficient
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17 | degree to diminish the person's ability to deliver competent | ||||||
18 | patient care.
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19 | "Nurse" means a registered professional nurse, a certified | ||||||
20 | registered
nurse anesthetist licensed as an advanced practice
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21 | registered nurse, or a licensed practical nurse licensed under | ||||||
22 | the Nurse Practice Act.
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23 | "Patient of record" means a patient for whom the patient's | ||||||
24 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
25 | history and on whom the dentist has performed an
examination | ||||||
26 | and evaluated the condition to be treated.
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1 | "Dental responder" means a dentist or dental hygienist who | ||||||
2 | is appropriately certified in disaster preparedness, | ||||||
3 | immunizations, and dental humanitarian medical response | ||||||
4 | consistent with the Society of Disaster Medicine and Public | ||||||
5 | Health and training certified by the National Incident | ||||||
6 | Management System or the National Disaster Life Support | ||||||
7 | Foundation.
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8 | "Mobile dental van or portable dental unit" means any | ||||||
9 | self-contained or portable dental unit in which dentistry is | ||||||
10 | practiced that can be moved, towed, or transported from one | ||||||
11 | location to another in order to establish a location where | ||||||
12 | dental services can be provided. | ||||||
13 | "Public health dental hygienist" means a hygienist who | ||||||
14 | holds a valid license to practice in the State, has 2 years of | ||||||
15 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
16 | of clinical experience and has completed at least 42 clock | ||||||
17 | hours of additional structured courses in dental education in | ||||||
18 | advanced areas specific to public health dentistry. | ||||||
19 | "Public health setting" means a federally qualified health | ||||||
20 | center; a federal, State, or local public health facility; | ||||||
21 | Head Start; a special supplemental nutrition program for | ||||||
22 | Women, Infants, and Children (WIC) facility; or a certified | ||||||
23 | school-based health center or school-based oral health | ||||||
24 | program ; or a nursing home or long-term care facility . | ||||||
25 | "Public health supervision" means the supervision of a | ||||||
26 | public health dental hygienist by a licensed dentist who has a |
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1 | written public health supervision agreement with that public | ||||||
2 | health dental hygienist while working in an approved facility | ||||||
3 | or program that allows the public health dental hygienist to | ||||||
4 | treat patients, without a dentist first examining the patient | ||||||
5 | and being present in the facility during treatment, (1) who | ||||||
6 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
7 | household income is not greater than 200% of the federal | ||||||
8 | poverty level. | ||||||
9 | "Teledentistry" means the use of telehealth systems and | ||||||
10 | methodologies in dentistry and includes patient care and | ||||||
11 | education delivery using synchronous and asynchronous | ||||||
12 | communications under a dentist's authority as provided under | ||||||
13 | this Act. | ||||||
14 | (Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
15 | 100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff. | ||||||
16 | 7-26-19; revised 9-27-19.)
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