Bill Text: IL SB2631 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Illinois Dental Practice Act. Changes references to "restricted faculty license" to references to "faculty license". Makes conforming changes.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2018-08-19 - Public Act . . . . . . . . . 100-0976 [SB2631 Detail]

Download: Illinois-2017-SB2631-Chaptered.html



Public Act 100-0976
SB2631 EnrolledLRB100 16398 SMS 31526 b
AN ACT concerning regulation.
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 11, 17, and 17.1 as follows:
(225 ILCS 25/11) (from Ch. 111, par. 2311)
(Section scheduled to be repealed on January 1, 2026)
Sec. 11. Types of dental licenses. The Department shall
have the authority to issue the following types of licenses:
(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.
(b) Specialty licenses. The Department shall issue a
license authorizing practice as a specialist in any particular
branch of dentistry to any dentist who has complied with the
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.
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.
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 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.
(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 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 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:
(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;
(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;
(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 work and credits
awarded in determining whether a dental school or college
is approved and in good standing.
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 residency
or specialty training; but he or she shall not be entitled to
engage in the practice of dentistry in this State.
A temporary training license may be revoked by the
Department upon proof that the holder has engaged in the
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.
(d) Faculty limited Restricted faculty 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 restricted faculty limited license. In order to
receive a restricted faculty limited license an applicant shall
furnish satisfactory proof to the Department that:
(1) The applicant is at least 21 years of age, is of
good moral character and is licensed to practice dentistry
in another state or country; and
(2) The applicant has a full-time appointment to teach
dentistry at an approved dental school or hospital situated
in this State.
Faculty limited Restricted faculty licenses issued under
this Section shall be valid for a period of 3 years and may be
extended or renewed. The holder of a valid restricted faculty
limited license may perform acts as may be required by his or
her teaching of dentistry. In addition, the holder of a
restricted 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. Any
restricted 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.
The Department may revoke a restricted faculty limited
license for a violation of this Act or its rules, or if the
holder fails to supply the Department, within 10 days of its
request, with information as to his current status and
activities in his teaching program.
(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
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
status.
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.
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(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.
(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, 2026)
Sec. 17. Acts constituting the practice of dentistry. A
person practices dentistry, within the meaning of this Act:
(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
(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 material or digital scans for final
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,
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 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
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.
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 or she 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
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
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. 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
orthodontic appliances on a patient of record.
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, 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 as
determined by the Department.
A dental assistant may place, carve, and finish
amalgam restorations, place, pack, and finish
composite restorations, and place interim restorations
if he or she has at least 4,000 hours of direct
clinical patient care experience and has successfully
completed a structured training program provided by:
(A) an educational institution accredited by the
Commission on Dental Accreditation, such as a dental
school or dental hygiene or dental assistant program,
or (B) 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
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.
(3) Any and all correction of malformation of teeth
or of the jaws.
(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.
(5) Removal of calculus from human teeth.
(6) Taking of material or digital scans for final
impressions for the fabrication of prosthetic
appliances, crowns, bridges, inlays, onlays, or other
restorative or replacement dentistry.
(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
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 or pit and fissure sealants.
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 such as a
dental school or dental hygiene or dental assistant
program, or (2) by a statewide dental or dental
hygienist association, approved by the Department on
or before the effective date of this amendatory Act of
the 99th General Assembly, 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 12
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 16 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; 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 or who are
uninsured and whose household income is not greater
than 200% 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, 2021.
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.
(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. 99-492, eff. 12-31-15; 99-680, eff. 1-1-17;
100-215, eff. 1-1-18.)
(225 ILCS 25/17.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17.1. Expanded function dental assistants.
(a) A dental assistant who has completed training as
provided in subsection (b) of this Section in all of the
following areas may hold himself or herself out as an expanded
function dental assistant:
(1) Taking material or digital scans for final
impressions after completing a training program that
includes either didactic objectives or clinical skills and
functions that demonstrate competency.
(2) Performing pulp vitality test after completing a
training program that includes either didactic objectives
or clinical skills and functions that demonstrate
competency.
(3) Placing, carving, and finishing of amalgam
restorations and placing, packing, and finishing composite
restorations as allowed under Section 17.
(4) Starting the flow of oxygen and monitoring of
nitrous oxide-oxygen analgesia as allowed under Section
17.
(5) Coronal polishing and pit and fissure sealants, as
currently allowed under Section 17 by law.
All procedures listed in paragraphs (1) through (5) for
dental assistants must be performed under the supervision of a
dentist, requiring the dentist authorizes the procedure,
remains in the dental facility while the procedure is
performed, and approves the work performed by the dental
assistant before dismissal of the patient, but the dentist is
not required to be present at all times in the treatment room.
After the completion of training as provided in subsection
(b) of this Section, an expanded function dental assistant may
perform any of the services listed in this subsection (a)
pursuant to the limitations of this Act.
(b) Certification and training as an expanded function
dental assistant must be obtained from one of the following
sources: (i) an approved continuing education sponsor; (ii) a
dental assistant training program approved by the Commission on
Dental Accreditation of the American Dental Association; or
(iii) a training program approved by the Department.
Training required under this subsection (b) must also
include Basic Life Support certification, as described in
Section 16 of this Act. Proof of current certification shall be
kept on file with the supervising dentist.
(c) Any procedures listed in subsection (a) that are
performed by an expanded function dental assistant must be
approved by the supervising dentist and examined prior to
dismissal of the patient. The supervising dentist shall be
responsible for all dental services or procedures performed by
the dental assistant.
(d) Nothing in this Section shall be construed to alter the
number of dental assistants that a dentist may supervise under
paragraph (g) of Section 17 of this Act.
(e) Nothing in this Act shall: (1) require a dental
assistant to be certified as an expanded function dental
assistant or (2) prevent a dentist from training dental
assistants in accordance with the provisions of Section 17 of
this Act or rules pertaining to dental assistant duties.
(Source: P.A. 100-215, eff. 1-1-18.)
(225 ILCS 25/18) (from Ch. 111, par. 2318)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Acts constituting the practice of dental hygiene;
limitations.
(a) A person practices dental hygiene within the meaning of
this Act when he or she performs the following acts under the
supervision of a dentist:
(i) the operative procedure of dental hygiene,
consisting of oral prophylactic procedures;
(ii) the exposure and processing of X-Ray films of
the teeth and surrounding structures;
(iii) the application to the surfaces of the teeth
or gums of chemical compounds designed to be
desensitizing agents or effective agents in the
prevention of dental caries or periodontal disease;
(iv) all services which may be performed by a
dental assistant as specified by rule pursuant to
Section 17, and a dental hygienist may engage in the
placing, carving, and finishing of amalgam
restorations only after obtaining formal education and
certification as determined by the Department;
(v) administration and monitoring of nitrous oxide
upon successful completion of a training program
approved by the Department;
(vi) administration of local anesthetics upon
successful completion of a training program approved
by the Department; and
(vii) such other procedures and acts as shall be
prescribed by rule or regulation of the Department.
(b) A dental hygienist may be employed or engaged only:
(1) by a dentist;
(2) by a federal, State, county, or municipal agency or
institution;
(3) by a public or private school; or
(4) by a public clinic operating under the direction of
a hospital or federal, State, county, municipal, or other
public agency or institution.
(c) When employed or engaged in the office of a dentist, a
dental hygienist may perform, under general supervision, those
procedures found in items (i) through (iv) of subsection (a) of
this Section, provided the patient has been examined by the
dentist within one year of the provision of dental hygiene
services, the dentist has approved the dental hygiene services
by a notation in the patient's record and the patient has been
notified that the dentist may be out of the office during the
provision of dental hygiene services.
(d) If a patient of record is unable to travel to a dental
office because of illness, infirmity, or imprisonment, a dental
hygienist may perform, under the general supervision of a
dentist, those procedures found in items (i) through (iv) of
subsection (a) of this Section, provided the patient is located
in a long-term care facility licensed by the State of Illinois,
a mental health or developmental disability facility, or a
State or federal prison. The dentist shall personally examine
and diagnose the patient and determine which services are
necessary to be performed, which shall be contained in an order
to the hygienist and a notation in the patient's record. Such
order must be implemented within 120 days of its issuance, and
an updated medical history and observation of oral conditions
must be performed by the hygienist immediately prior to
beginning the procedures to ensure that the patient's health
has not changed in any manner to warrant a reexamination by the
dentist.
(e) School-based oral health care, consisting of and
limited to oral prophylactic procedures, sealants, and
fluoride treatments, may be provided by a dental hygienist
under the general supervision of a dentist. A dental hygienist
may not provide other dental hygiene treatment in a
school-based setting, including but not limited to
administration or monitoring of nitrous oxide or
administration of local anesthetics. The school-based
procedures may be performed provided the patient is located at
a public or private school and the program is being conducted
by a State, county or local public health department initiative
or in conjunction with a dental school or dental hygiene
program. The dentist shall personally examine and diagnose the
patient and determine which services are necessary to be
performed, which shall be contained in an order to the
hygienist and a notation in the patient's record. Any such
order for sealants must be implemented within 120 days after
its issuance. Any such order for oral prophylactic procedures
or fluoride treatments must be implemented within 180 days
after its issuance. An updated medical history and observation
of oral conditions must be performed by the hygienist
immediately prior to beginning the procedures to ensure that
the patient's health has not changed in any manner to warrant a
reexamination by the dentist.
(f) Without the supervision of a dentist, a dental
hygienist may perform dental health education functions and may
record case histories and oral conditions observed.
(g) The number of dental hygienists practicing in a dental
office shall not exceed, at any one time, 4 times the number of
dentists practicing in the office at the time.
(h) A dental hygienist who is certified as a public health
dental hygienist may provide services to patients: (1) who are
eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 200% of the federal
poverty level. A public health dental hygienist may perform
oral assessments, perform screenings, and provide educational
and preventative services as provided in subsection (b) of
Section 18.1 of this Act. The public health dental hygienist
may not administer local anesthesia or nitrous oxide, or place,
carve, or finish amalgam restorations or provide periodontal
therapy under this exception. Each patient must sign a consent
form that acknowledges that the care received does not take the
place of a regular dental examination. The public health dental
hygienist must provide the patient or guardian a written
referral to a dentist for assessment of the need for further
dental care at the time of treatment. Any indication or
observation of a condition that could warrant the need for
urgent attention must be reported immediately to the
supervising dentist for appropriate assessment and treatment.
This subsection (h) is inoperative on and after January 1,
2021.
(i) A dental hygienist performing procedures listed in
paragraphs (1) through (4) of subsection (a) of Section 17.1
must be under the supervision of a dentist, requiring the
dentist authorizes the procedure, remains in the dental
facility while the procedure is performed, and approves the
work performed by the dental hygienist before dismissal of the
patient, but the dentist is not required to be present at all
times in the treatment room.
(j) A dental hygienist may perform actions described in
paragraph (5) of subsection (a) of Section 17.1 under the
general supervision of a dentist as described in this Section.
(Source: P.A. 99-492, eff. 12-31-15.)
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