Bill Text: IL SB2631 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.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,
| ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 11, 17, and 17.1 as follows:
| ||||||
6 | (225 ILCS 25/11) (from Ch. 111, par. 2311)
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7 | (Section scheduled to be repealed on January 1, 2026)
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8 | Sec. 11. Types of dental licenses. The Department shall | ||||||
9 | have the
authority to issue the following types of licenses:
| ||||||
10 | (a) General licenses. The Department shall issue a license | ||||||
11 | authorizing
practice as a dentist to any person who qualifies | ||||||
12 | for a license under this Act.
| ||||||
13 | (b) Specialty licenses. The Department shall issue a
| ||||||
14 | license authorizing practice as a specialist in any particular
| ||||||
15 | branch of dentistry to any dentist who has complied with the
| ||||||
16 | requirements established for that particular branch of | ||||||
17 | dentistry at the
time of making application. The Department | ||||||
18 | shall establish additional
requirements of any dentist who | ||||||
19 | announces or holds himself or herself out
to the public as a | ||||||
20 | specialist or as being specially qualified in any
particular | ||||||
21 | branch of dentistry.
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22 | No dentist shall announce or hold himself or herself out to | ||||||
23 | the public as
a specialist or as being specially qualified in |
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1 | any particular branch of
dentistry unless he or she is licensed | ||||||
2 | to practice in that specialty of
dentistry.
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3 | The fact that any dentist shall announce by card, | ||||||
4 | letterhead or any
other form of communication using terms as | ||||||
5 | "Specialist," "Practice
Limited To" or "Limited to Specialty | ||||||
6 | of" with the name of the branch of
dentistry practiced as a | ||||||
7 | specialty, or shall use equivalent words or
phrases to announce | ||||||
8 | the same, shall be prima facie evidence that the
dentist is | ||||||
9 | holding himself or herself out to the public as a specialist.
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10 | (c) Temporary training licenses. Persons who wish to pursue
| ||||||
11 | specialty or other advanced clinical educational programs
in an | ||||||
12 | approved dental school or a hospital situated
in this State, or | ||||||
13 | persons who wish to pursue programs of specialty
training in | ||||||
14 | dental public health in public agencies in this State, may
| ||||||
15 | receive without examination, in the discretion of the | ||||||
16 | Department, a
temporary training license. In order to receive a | ||||||
17 | temporary
training license under this subsection, an applicant | ||||||
18 | shall furnish
satisfactory proof to the Department that:
| ||||||
19 | (1) The applicant is at least 21 years of age and is of | ||||||
20 | good moral
character. In determining moral character under | ||||||
21 | this Section, the
Department may take into consideration | ||||||
22 | any felony conviction of the
applicant, but such a | ||||||
23 | conviction shall not operate as bar to licensure;
| ||||||
24 | (2) The applicant has been accepted or appointed for | ||||||
25 | specialty or
residency training by an approved hospital | ||||||
26 | situated in this State, by an
approved dental school |
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1 | situated in this State, or by a public health agency
in | ||||||
2 | this State the training programs of which are recognized | ||||||
3 | and approved by
the Department. The applicant shall | ||||||
4 | indicate the beginning and ending
dates of the period for | ||||||
5 | which he or she has been accepted or appointed;
| ||||||
6 | (3) The applicant is a graduate of a dental school or | ||||||
7 | college approved
and in good standing in the judgment of | ||||||
8 | the Department.
The Department may consider diplomas or | ||||||
9 | certifications of education, or both,
accompanied by | ||||||
10 | transcripts of course work and credits awarded to determine
| ||||||
11 | if an applicant has graduated from a dental school or | ||||||
12 | college approved and
in good standing. The Department may | ||||||
13 | also consider diplomas or
certifications of education, or | ||||||
14 | both, accompanied by transcripts of course
work and credits | ||||||
15 | awarded in determining whether a dental school or college
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16 | is approved and in good standing.
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17 | Temporary training licenses issued under this
Section | ||||||
18 | shall be valid only for the duration of the period of residency | ||||||
19 | or
specialty training and may be extended or renewed as | ||||||
20 | prescribed by rule.
The holder of a valid temporary training | ||||||
21 | license shall be entitled thereby to
perform acts as may be | ||||||
22 | prescribed by and incidental to his or her program of
residency | ||||||
23 | or specialty training; but he or she shall not be entitled to
| ||||||
24 | engage in the practice of dentistry in this State.
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25 | A temporary training license may be revoked by the
| ||||||
26 | Department upon proof that the holder has engaged in the
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1 | practice of dentistry in this State outside of his or her | ||||||
2 | program of residency
or specialty training, or if the holder | ||||||
3 | shall fail to supply the
Department, within 10 days of its | ||||||
4 | request, with information as to his
or her current status and | ||||||
5 | activities in his or her specialty training program.
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6 | (d) Faculty limited Restricted faculty licenses.
Persons | ||||||
7 | who have received full-time appointments to
teach dentistry at | ||||||
8 | an approved dental school or hospital situated in this
State | ||||||
9 | may receive without examination, in the discretion of the | ||||||
10 | Department,
a restricted faculty limited license. In order to
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11 | receive a restricted faculty limited license an applicant shall | ||||||
12 | furnish satisfactory
proof to the Department that:
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13 | (1) The applicant is at least 21 years of age, is of | ||||||
14 | good moral
character and is licensed to
practice dentistry | ||||||
15 | in another state or country; and
| ||||||
16 | (2) The applicant has a full-time appointment to teach
| ||||||
17 | dentistry at an approved
dental school or hospital situated | ||||||
18 | in this State.
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19 | Faculty limited Restricted faculty licenses issued under
| ||||||
20 | this Section shall be
valid for a period of 3 years and may be | ||||||
21 | extended or
renewed. The
holder of a valid restricted faculty | ||||||
22 | limited license
may perform acts as may
be required by his or | ||||||
23 | her teaching of dentistry.
In addition, the holder of a | ||||||
24 | restricted faculty limited license may practice general
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25 | dentistry or in his or her area of specialty, but only in a | ||||||
26 | clinic or office
affiliated with the dental school. Any |
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1 | restricted faculty limited license issued to a
faculty member | ||||||
2 | under this Section shall terminate immediately and
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3 | automatically,
without any further action by the Department, if | ||||||
4 | the holder ceases to be a
faculty member at an approved dental | ||||||
5 | school or hospital in this State.
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6 | The Department may revoke a restricted faculty limited | ||||||
7 | license for a violation of
this Act or its rules, or if the | ||||||
8 | holder fails to
supply the Department, within 10 days of its | ||||||
9 | request, with information as
to his current status and | ||||||
10 | activities in his teaching program.
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11 | (e) Inactive status. Any person who holds one of the | ||||||
12 | licenses
under subsection (a) or (b) of Section 11 or under | ||||||
13 | Section 12 of this Act may
elect, upon payment of
the required | ||||||
14 | fee, to place his or her license on an inactive status and | ||||||
15 | shall,
subject to the rules of the
Department, be excused from | ||||||
16 | the payment of renewal fees until he or she
notifies the | ||||||
17 | Department in writing of his or her desire to resume active
| ||||||
18 | status.
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19 | Any licensee requesting restoration from inactive status | ||||||
20 | shall be
required to pay the current renewal fee and upon | ||||||
21 | payment the Department
shall be required to restore his or her | ||||||
22 | license, as provided in Section 16 of
this Act.
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23 | Any licensee whose license is in an
inactive status shall | ||||||
24 | not practice in the State of Illinois.
| ||||||
25 | (f) Certificates of Identification. In addition to the | ||||||
26 | licenses
authorized by this Section, the Department shall |
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1 | deliver to each dentist a
certificate of identification in a | ||||||
2 | form specified by the Department.
| ||||||
3 | (Source: P.A. 94-409, eff. 12-31-05 .)
| ||||||
4 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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5 | (Section scheduled to be repealed on January 1, 2026)
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6 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
7 | person
practices dentistry, within the meaning of this Act:
| ||||||
8 | (1) Who represents himself or herself as being able to | ||||||
9 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
10 | any disease, pain, deformity, deficiency,
injury, or | ||||||
11 | physical condition of the human tooth, teeth, alveolar | ||||||
12 | process,
gums or jaw; or
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13 | (2) Who is a manager, proprietor, operator or conductor | ||||||
14 | of a
business where
dental operations are performed; or
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15 | (3) Who performs dental operations of any kind; or
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16 | (4) Who uses an X-Ray machine or X-Ray films for
dental | ||||||
17 | diagnostic purposes; or
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18 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
19 | attempts to
correct
malpositions of the human teeth or | ||||||
20 | jaws; or
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21 | (6) Who offers or undertakes, by any means or method, | ||||||
22 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
23 | materials from human teeth or jaws; or
| ||||||
24 | (7) Who uses or administers local or general | ||||||
25 | anesthetics in the treatment
of dental or oral diseases or |
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1 | in any preparation incident to a dental operation
of any | ||||||
2 | kind or character; or
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3 | (8) Who takes material or digital scans for final | ||||||
4 | impressions of the human tooth, teeth, or jaws or performs
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5 | any phase of any operation incident to the replacement of a | ||||||
6 | part of a tooth,
a tooth, teeth or associated tissues by | ||||||
7 | means of a filling, crown, a bridge,
a denture or other | ||||||
8 | appliance; or
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9 | (9) Who offers to furnish, supply, construct, | ||||||
10 | reproduce or repair, or
who furnishes, supplies, | ||||||
11 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
12 | bridges or other substitutes for natural teeth, to the user | ||||||
13 | or
prospective user thereof; or
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14 | (10) Who instructs students on clinical matters or | ||||||
15 | performs any clinical
operation included in the curricula | ||||||
16 | of recognized dental schools and colleges; or
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17 | (11) Who takes material or digital scans for final | ||||||
18 | impressions of human teeth or places his or her hands in | ||||||
19 | the mouth of any person for the purpose of applying teeth | ||||||
20 | whitening materials, or who takes impressions of human | ||||||
21 | teeth or places his or her hands in the mouth of any person | ||||||
22 | for the purpose of assisting in the application of teeth | ||||||
23 | whitening materials. A person does not practice dentistry | ||||||
24 | when he or she discloses to the consumer that he or she is | ||||||
25 | not licensed as a dentist under this Act and (i) discusses | ||||||
26 | the use of teeth whitening materials with a consumer |
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1 | purchasing these materials; (ii) provides instruction on | ||||||
2 | the use of teeth whitening materials with a consumer | ||||||
3 | purchasing these materials; or (iii) provides appropriate | ||||||
4 | equipment on-site to the consumer for the consumer to | ||||||
5 | self-apply teeth whitening materials. | ||||||
6 | The fact that any person engages in or performs, or offers | ||||||
7 | to engage in
or perform, any of the practices, acts, or | ||||||
8 | operations set forth in this
Section, shall be prima facie | ||||||
9 | evidence that such person is engaged in the
practice of | ||||||
10 | dentistry.
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11 | The following practices, acts, and operations, however, | ||||||
12 | are exempt from
the operation of this Act:
| ||||||
13 | (a) The rendering of dental relief in emergency cases | ||||||
14 | in the practice
of his or her profession by a physician or | ||||||
15 | surgeon, licensed as such
under the laws of this State, | ||||||
16 | unless he or she undertakes to reproduce or reproduces
lost | ||||||
17 | parts of the human teeth in the mouth or to restore or | ||||||
18 | replace lost
or missing teeth in the mouth; or
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19 | (b) The practice of dentistry in the discharge of their | ||||||
20 | official duties
by dentists in any branch of the Armed | ||||||
21 | Services of the United States, the
United States Public | ||||||
22 | Health Service, or the United States Veterans
| ||||||
23 | Administration; or
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24 | (c) The practice of dentistry by students in their | ||||||
25 | course of study
in dental schools or colleges approved by | ||||||
26 | the Department, when acting under the
direction and |
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| |||||||
1 | supervision of dentists acting as instructors; or
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2 | (d) The practice of dentistry by clinical instructors | ||||||
3 | in the course of
their teaching duties in dental schools or | ||||||
4 | colleges approved by the
Department:
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5 | (i) when acting under the direction and | ||||||
6 | supervision of dentists,
provided that such clinical | ||||||
7 | instructors have instructed continuously in
this State | ||||||
8 | since January 1, 1986; or
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9 | (ii) when holding the rank of full professor at | ||||||
10 | such approved dental
school or college and possessing a | ||||||
11 | current valid license or authorization
to practice | ||||||
12 | dentistry in another country; or
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13 | (e) The practice of dentistry by licensed dentists of | ||||||
14 | other states or
countries at meetings of the Illinois State | ||||||
15 | Dental Society or component
parts thereof, alumni meetings | ||||||
16 | of dental colleges, or any other like dental
organizations, | ||||||
17 | while appearing as clinicians; or
| ||||||
18 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
19 | of dental or oral
tissues by dental hygienists or dental | ||||||
20 | assistants; or
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21 | (g) The performance of any dental service by a dental | ||||||
22 | assistant, if such
service is performed under the | ||||||
23 | supervision and full responsibility of a
dentist. In | ||||||
24 | addition, after being authorized by a dentist, a dental | ||||||
25 | assistant may, for the purpose of eliminating pain or | ||||||
26 | discomfort, remove loose, broken, or irritating |
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1 | orthodontic appliances on a patient of record.
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2 | For purposes of this paragraph (g), "dental service" is | ||||||
3 | defined to mean
any intraoral procedure or act which shall | ||||||
4 | be prescribed by rule or
regulation of the Department. | ||||||
5 | Dental service, however, shall not include:
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6 | (1) Any and all diagnosis of or prescription for | ||||||
7 | treatment of disease,
pain, deformity, deficiency, | ||||||
8 | injury or physical condition of the human teeth
or | ||||||
9 | jaws, or adjacent structures.
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10 | (2) Removal of, or restoration of, or addition
to | ||||||
11 | the hard or soft tissues of the oral cavity, except for | ||||||
12 | the placing, carving, and finishing of amalgam | ||||||
13 | restorations and placing, packing, and finishing | ||||||
14 | composite restorations by dental assistants who have | ||||||
15 | had additional formal education and certification as | ||||||
16 | determined by the Department . | ||||||
17 | A dental assistant may place, carve, and finish | ||||||
18 | amalgam restorations, place, pack, and finish | ||||||
19 | composite restorations, and place interim restorations | ||||||
20 | if he or she has at least 4,000 hours of direct | ||||||
21 | clinical patient care experience and has successfully | ||||||
22 | completed a structured training program provided by: | ||||||
23 | (A) an educational institution accredited by the | ||||||
24 | Commission on Dental Accreditation, such as a dental | ||||||
25 | school or dental hygiene or dental assistant program, | ||||||
26 | or (B) a statewide dental association, approved by the |
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1 | Department to provide continuing education, that has | ||||||
2 | developed and conducted training programs for expanded | ||||||
3 | functions for dental assistants or hygienists. The | ||||||
4 | training program must: (i) include a minimum of 16 | ||||||
5 | hours of didactic study and 14 hours of clinical | ||||||
6 | manikin instruction; all training programs shall | ||||||
7 | include areas of study in nomenclature, caries | ||||||
8 | classifications, oral anatomy, periodontium, basic | ||||||
9 | occlusion, instrumentations, pulp protection liners | ||||||
10 | and bases, dental materials, matrix and wedge | ||||||
11 | techniques, amalgam placement and carving, rubber dam | ||||||
12 | clamp placement, and rubber dam placement and removal; | ||||||
13 | (ii) include an outcome assessment examination that | ||||||
14 | demonstrates competency; (iii) require the supervising | ||||||
15 | dentist to observe and approve the completion of 8 | ||||||
16 | amalgam or composite restorations; and (iv) issue a | ||||||
17 | certificate of completion of the training program, | ||||||
18 | which must be kept on file at the dental office and be | ||||||
19 | made available to the Department upon request. A dental | ||||||
20 | assistant must have successfully completed an approved | ||||||
21 | coronal polishing and dental sealant course prior to | ||||||
22 | taking the amalgam and composite restoration course. | ||||||
23 | A dentist utilizing dental assistants shall not | ||||||
24 | supervise more than 4 dental assistants at any one time | ||||||
25 | for placing, carving, and finishing of amalgam | ||||||
26 | restorations or for placing, packing, and finishing |
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| |||||||
1 | composite restorations .
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2 | (3) Any and all correction of malformation of teeth | ||||||
3 | or of the jaws.
| ||||||
4 | (4) Administration of anesthetics, except for | ||||||
5 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
6 | sedation, and general anesthetic as provided in | ||||||
7 | Section 8.1 of this Act, that may be performed only | ||||||
8 | after successful completion of a training
program | ||||||
9 | approved by the Department. A dentist utilizing dental | ||||||
10 | assistants shall not supervise more than 4 dental | ||||||
11 | assistants at any one time for the monitoring of | ||||||
12 | nitrous oxide.
| ||||||
13 | (5) Removal of calculus from human teeth.
| ||||||
14 | (6) Taking of material or digital scans for final | ||||||
15 | impressions for the fabrication of prosthetic
| ||||||
16 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
17 | restorative or replacement
dentistry.
| ||||||
18 | (7) The operative procedure of dental hygiene | ||||||
19 | consisting of oral
prophylactic procedures, except for | ||||||
20 | coronal polishing and pit and fissure sealants,
which | ||||||
21 | may be
performed by a
dental assistant who has | ||||||
22 | successfully completed a training program approved by
| ||||||
23 | the Department. Dental assistants may perform coronal | ||||||
24 | polishing under the
following circumstances: (i) the | ||||||
25 | coronal polishing shall be limited to
polishing the
| ||||||
26 | clinical crown of the tooth and existing restorations, |
| |||||||
| |||||||
1 | supragingivally; (ii)
the
dental assistant performing | ||||||
2 | the coronal polishing shall be limited to the use
of
| ||||||
3 | rotary instruments using a rubber cup or brush | ||||||
4 | polishing method (air polishing
is
not permitted); and | ||||||
5 | (iii) the supervising dentist shall not supervise more
| ||||||
6 | than 4
dental assistants at any one time for the task | ||||||
7 | of coronal polishing or pit and fissure sealants.
| ||||||
8 | In addition to coronal polishing and pit and | ||||||
9 | fissure sealants as described in this item (7), a | ||||||
10 | dental assistant who has at least 2,000 hours of direct | ||||||
11 | clinical patient care experience and who has | ||||||
12 | successfully completed a structured training program | ||||||
13 | provided by (1) an educational institution such as a | ||||||
14 | dental school or dental hygiene or dental assistant | ||||||
15 | program, or (2) by a statewide dental or dental | ||||||
16 | hygienist association, approved by the Department on | ||||||
17 | or before the effective date of this amendatory Act of | ||||||
18 | the 99th General Assembly, that has developed and | ||||||
19 | conducted a training program for expanded functions | ||||||
20 | for dental assistants or hygienists may perform: (A) | ||||||
21 | coronal scaling above the gum line, supragingivally, | ||||||
22 | on the clinical crown of the tooth only on patients 12 | ||||||
23 | years of age or younger who have an absence of | ||||||
24 | periodontal disease and who are not medically | ||||||
25 | compromised or individuals with special needs and (B) | ||||||
26 | intracoronal temporization of a tooth. The training |
| |||||||
| |||||||
1 | program must: (I) include a minimum of 16 hours of | ||||||
2 | instruction in both didactic and clinical manikin or | ||||||
3 | human subject instruction; all training programs shall | ||||||
4 | include areas of study in dental anatomy, public health | ||||||
5 | dentistry, medical history, dental emergencies, and | ||||||
6 | managing the pediatric patient; (II) include an | ||||||
7 | outcome assessment examination that demonstrates | ||||||
8 | competency; (III) require the supervising dentist to | ||||||
9 | observe and approve the completion of 6 full mouth | ||||||
10 | supragingival scaling procedures; and (IV) issue a | ||||||
11 | certificate of completion of the training program, | ||||||
12 | which must be kept on file at the dental office and be | ||||||
13 | made available to the Department upon request. A dental | ||||||
14 | assistant must have successfully completed an approved | ||||||
15 | coronal polishing course prior to taking the coronal | ||||||
16 | scaling course. A dental assistant performing these | ||||||
17 | functions shall be limited to the use of hand | ||||||
18 | instruments only. In addition, coronal scaling as | ||||||
19 | described in this paragraph shall only be utilized on | ||||||
20 | patients who are eligible for Medicaid or who are | ||||||
21 | uninsured and whose household income is not greater | ||||||
22 | than 200% of the federal poverty level. A dentist may | ||||||
23 | not supervise more than 2 dental assistants at any one | ||||||
24 | time for the task of coronal scaling. This paragraph is | ||||||
25 | inoperative on and after January 1, 2021. | ||||||
26 | The limitations on the number of dental assistants a |
| |||||||
| |||||||
1 | dentist may supervise contained in items (2), (4), and (7) | ||||||
2 | of this paragraph (g) mean a limit of 4 total dental | ||||||
3 | assistants or dental hygienists doing expanded functions | ||||||
4 | covered by these Sections being supervised by one dentist. | ||||||
5 | (h) The practice of dentistry by an individual who:
| ||||||
6 | (i) has applied in writing to the Department, in | ||||||
7 | form and substance
satisfactory to the Department, for | ||||||
8 | a general dental license and has
complied with all | ||||||
9 | provisions of Section 9 of this Act, except for the
| ||||||
10 | passage of the examination specified in subsection (e) | ||||||
11 | of Section 9 of this
Act; or
| ||||||
12 | (ii) has applied in writing to the Department, in | ||||||
13 | form and substance
satisfactory to the Department, for | ||||||
14 | a temporary dental license and has
complied with all | ||||||
15 | provisions of subsection (c) of Section 11 of this Act; | ||||||
16 | and
| ||||||
17 | (iii) has been accepted or appointed for specialty | ||||||
18 | or residency training
by a hospital situated in this | ||||||
19 | State; or
| ||||||
20 | (iv) has been accepted or appointed for specialty | ||||||
21 | training in an
approved dental program situated in this | ||||||
22 | State; or
| ||||||
23 | (v) has been accepted or appointed for specialty | ||||||
24 | training in a dental
public health agency situated in | ||||||
25 | this State.
| ||||||
26 | The applicant shall be permitted to practice dentistry |
| |||||||
| |||||||
1 | for a period of 3
months from the starting date of the | ||||||
2 | program, unless authorized in writing
by the Department to | ||||||
3 | continue such practice for a period specified in
writing by | ||||||
4 | the Department.
| ||||||
5 | The applicant shall only be entitled to perform such | ||||||
6 | acts as may be
prescribed by and incidental to his or her | ||||||
7 | program of residency or specialty
training and shall not | ||||||
8 | otherwise engage in the practice of dentistry in this
| ||||||
9 | State.
| ||||||
10 | The authority to practice shall terminate immediately | ||||||
11 | upon:
| ||||||
12 | (1) the decision of the Department that the | ||||||
13 | applicant has failed the
examination; or
| ||||||
14 | (2) denial of licensure by the Department; or
| ||||||
15 | (3) withdrawal of the application.
| ||||||
16 | (Source: P.A. 99-492, eff. 12-31-15; 99-680, eff. 1-1-17; | ||||||
17 | 100-215, eff. 1-1-18 .)
| ||||||
18 | (225 ILCS 25/17.1) | ||||||
19 | (Section scheduled to be repealed on January 1, 2026) | ||||||
20 | Sec. 17.1. Expanded function dental assistants. | ||||||
21 | (a) A dental assistant who has completed training as | ||||||
22 | provided in subsection (b) of this Section in all of the | ||||||
23 | following areas may hold himself or herself out as an expanded | ||||||
24 | function dental assistant: | ||||||
25 | (1) Taking material or digital scans for final |
| |||||||
| |||||||
1 | impressions after completing a training program that | ||||||
2 | includes either didactic objectives or clinical skills and | ||||||
3 | functions that demonstrate competency . | ||||||
4 | (2) Performing pulp vitality test after completing a | ||||||
5 | training program that includes either didactic objectives | ||||||
6 | or clinical skills and functions that demonstrate | ||||||
7 | competency . | ||||||
8 | (3) Placing, carving, and finishing of amalgam | ||||||
9 | restorations and placing, packing, and finishing composite | ||||||
10 | restorations as allowed under Section 17 . | ||||||
11 | (4) Starting the flow of oxygen and monitoring of | ||||||
12 | nitrous oxide-oxygen analgesia as allowed under Section | ||||||
13 | 17 . | ||||||
14 | (5) Coronal polishing and pit and fissure sealants , as | ||||||
15 | currently allowed under Section 17 by law . | ||||||
16 | All procedures listed in paragraphs (1) through (5) for | ||||||
17 | dental assistants must be performed under the supervision of a | ||||||
18 | dentist, requiring the dentist authorizes the procedure, | ||||||
19 | remains in the dental facility while the procedure is | ||||||
20 | performed, and approves the work performed by the dental | ||||||
21 | assistant before dismissal of the patient, but the dentist is | ||||||
22 | not required to be present at all times in the treatment room. | ||||||
23 | After the completion of training as provided in subsection | ||||||
24 | (b) of this Section, an expanded function dental assistant may | ||||||
25 | perform any of the services listed in this subsection (a) | ||||||
26 | pursuant to the limitations of this Act. |
| |||||||
| |||||||
1 | (b) Certification and training as an expanded function | ||||||
2 | dental assistant must be obtained from one of the following | ||||||
3 | sources: (i) an approved continuing education sponsor; (ii) a | ||||||
4 | dental assistant training program approved by the Commission on | ||||||
5 | Dental Accreditation of the American Dental Association; or | ||||||
6 | (iii) a training program approved by the Department. | ||||||
7 | Training required under this subsection (b) must also | ||||||
8 | include Basic Life Support certification, as described in | ||||||
9 | Section 16 of this Act. Proof of current certification shall be | ||||||
10 | kept on file with the supervising dentist. | ||||||
11 | (c) Any procedures listed in subsection (a) that are | ||||||
12 | performed by an expanded function dental assistant must be | ||||||
13 | approved by the supervising dentist and examined prior to | ||||||
14 | dismissal of the patient. The supervising dentist shall be | ||||||
15 | responsible for all dental services or procedures performed by | ||||||
16 | the dental assistant. | ||||||
17 | (d) Nothing in this Section shall be construed to alter the | ||||||
18 | number of dental assistants that a dentist may supervise under | ||||||
19 | paragraph (g) of Section 17 of this Act. | ||||||
20 | (e) Nothing in this Act shall: (1) require a dental | ||||||
21 | assistant to be certified as an expanded function dental | ||||||
22 | assistant or (2) prevent a dentist from training dental | ||||||
23 | assistants in accordance with the provisions of Section 17 of | ||||||
24 | this Act or rules pertaining to dental assistant duties.
| ||||||
25 | (Source: P.A. 100-215, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
3 | Sec. 18. Acts constituting the practice of dental hygiene;
| ||||||
4 | limitations. | ||||||
5 | (a) A person practices dental hygiene within the meaning of | ||||||
6 | this Act when
he or she performs the following acts under the | ||||||
7 | supervision of a dentist:
| ||||||
8 | (i) the operative procedure of dental hygiene, | ||||||
9 | consisting of oral
prophylactic procedures;
| ||||||
10 | (ii) the exposure and processing of X-Ray films of | ||||||
11 | the teeth and
surrounding structures;
| ||||||
12 | (iii) the application to the surfaces of the teeth | ||||||
13 | or gums of chemical
compounds designed to be | ||||||
14 | desensitizing agents or effective agents in the
| ||||||
15 | prevention of dental caries or periodontal disease;
| ||||||
16 | (iv) all services which may be performed by a
| ||||||
17 | dental assistant as specified by rule pursuant to | ||||||
18 | Section 17, and a dental hygienist may engage in the | ||||||
19 | placing, carving, and finishing of amalgam | ||||||
20 | restorations only after obtaining formal education and | ||||||
21 | certification as determined by the Department;
| ||||||
22 | (v) administration and monitoring of nitrous oxide | ||||||
23 | upon successful
completion of a
training program | ||||||
24 | approved by the Department;
| ||||||
25 | (vi) administration of local anesthetics upon | ||||||
26 | successful completion of
a
training program approved |
| |||||||
| |||||||
1 | by the Department; and
| ||||||
2 | (vii) such other procedures and acts as shall be | ||||||
3 | prescribed
by
rule or regulation of the Department.
| ||||||
4 | (b) A dental hygienist may be employed or engaged only:
| ||||||
5 | (1) by a dentist;
| ||||||
6 | (2) by a federal, State, county, or municipal agency or | ||||||
7 | institution;
| ||||||
8 | (3) by a public or private school; or
| ||||||
9 | (4) by a public clinic operating under the direction of | ||||||
10 | a hospital or
federal,
State, county, municipal, or other | ||||||
11 | public agency or institution.
| ||||||
12 | (c) When employed or engaged in the office of a dentist, a | ||||||
13 | dental hygienist
may
perform, under general supervision, those | ||||||
14 | procedures found in items (i) through
(iv) of
subsection (a) of | ||||||
15 | this Section, provided the patient has been examined by the
| ||||||
16 | dentist
within one year of the provision of dental hygiene | ||||||
17 | services, the dentist has
approved the
dental hygiene services | ||||||
18 | by a notation in the patient's record and the patient
has been
| ||||||
19 | notified that the dentist may be out of the office during the | ||||||
20 | provision of
dental hygiene
services.
| ||||||
21 | (d) If a patient of record is unable to travel to a dental | ||||||
22 | office because of
illness,
infirmity, or
imprisonment, a dental | ||||||
23 | hygienist may perform, under the general supervision of
a | ||||||
24 | dentist,
those procedures found in items (i) through (iv) of | ||||||
25 | subsection (a) of this
Section,
provided the patient is located | ||||||
26 | in a long-term care facility licensed by the
State of Illinois,
|
| |||||||
| |||||||
1 | a mental health or developmental disability facility, or a | ||||||
2 | State or federal
prison. The dentist
shall personally examine | ||||||
3 | and diagnose the patient and determine which
services are | ||||||
4 | necessary to be performed, which shall be contained in an order | ||||||
5 | to the hygienist and a notation in the patient's record.
Such | ||||||
6 | order must be implemented within 120 days
of its issuance, and | ||||||
7 | an updated medical history and observation of oral
conditions
| ||||||
8 | must be performed by the hygienist immediately prior to | ||||||
9 | beginning the
procedures to ensure that the patient's health | ||||||
10 | has not changed in any
manner to warrant a reexamination by the | ||||||
11 | dentist.
| ||||||
12 | (e) School-based oral health care,
consisting of and | ||||||
13 | limited to oral prophylactic
procedures, sealants, and | ||||||
14 | fluoride treatments,
may be provided by a dental hygienist
| ||||||
15 | under the general supervision of a dentist. A dental hygienist | ||||||
16 | may not provide
other dental hygiene treatment in a | ||||||
17 | school-based setting, including but not
limited to | ||||||
18 | administration or monitoring of nitrous oxide or | ||||||
19 | administration of
local anesthetics. The school-based | ||||||
20 | procedures may be performed provided the
patient is located at | ||||||
21 | a public or private school and the program is being
conducted | ||||||
22 | by a State, county or local public health department initiative | ||||||
23 | or in
conjunction with a dental school or dental hygiene | ||||||
24 | program.
The dentist shall personally examine and diagnose the | ||||||
25 | patient and
determine
which services are necessary to be | ||||||
26 | performed, which shall be contained in an
order to the
|
| |||||||
| |||||||
1 | hygienist and a notation in the patient's record. Any such | ||||||
2 | order for sealants must be implemented within 120 days after | ||||||
3 | its issuance. Any such order for oral prophylactic procedures | ||||||
4 | or fluoride treatments must be implemented within 180 days | ||||||
5 | after its issuance. An updated medical history and observation | ||||||
6 | of
oral conditions
must be
performed by the hygienist | ||||||
7 | immediately prior to beginning the procedures to
ensure that
| ||||||
8 | the patient's health has not changed in any manner to warrant a | ||||||
9 | reexamination
by the
dentist.
| ||||||
10 | (f) Without the supervision of a dentist, a dental | ||||||
11 | hygienist
may perform
dental health education functions and may | ||||||
12 | record case histories and oral
conditions observed.
| ||||||
13 | (g) The number of dental hygienists practicing in a dental | ||||||
14 | office shall
not
exceed, at any one time, 4 times the number of | ||||||
15 | dentists practicing in the
office at the time.
| ||||||
16 | (h) A dental hygienist who is certified as a public health | ||||||
17 | dental hygienist may provide services to patients: (1) who are | ||||||
18 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
19 | household income is not greater than 200% of the federal | ||||||
20 | poverty level. A public health dental hygienist may perform | ||||||
21 | oral assessments, perform screenings, and provide educational | ||||||
22 | and preventative services as provided in subsection (b) of | ||||||
23 | Section 18.1 of this Act. The public health dental hygienist | ||||||
24 | may not administer local anesthesia or nitrous oxide, or place, | ||||||
25 | carve, or finish amalgam restorations or provide periodontal | ||||||
26 | therapy under this exception. Each patient must sign a consent |
| |||||||
| |||||||
1 | form that acknowledges that the care received does not take the | ||||||
2 | place of a regular dental examination. The public health dental | ||||||
3 | hygienist must provide the patient or guardian a written | ||||||
4 | referral to a dentist for assessment of the need for further | ||||||
5 | dental care at the time of treatment. Any indication or | ||||||
6 | observation of a condition that could warrant the need for | ||||||
7 | urgent attention must be reported immediately to the | ||||||
8 | supervising dentist for appropriate assessment and treatment. | ||||||
9 | This subsection (h) is inoperative on and after January 1, | ||||||
10 | 2021. | ||||||
11 | (i) A dental hygienist performing procedures listed in | ||||||
12 | paragraphs (1) through (4) of subsection (a) of Section 17.1 | ||||||
13 | must be under the supervision of a dentist, requiring the | ||||||
14 | dentist authorizes the procedure, remains in the dental | ||||||
15 | facility while the procedure is performed, and approves the | ||||||
16 | work performed by the dental hygienist before dismissal of the | ||||||
17 | patient, but the dentist is not required to be present at all | ||||||
18 | times in the treatment room. | ||||||
19 | (j) A dental hygienist may perform actions described in | ||||||
20 | paragraph (5) of subsection (a) of Section 17.1 under the | ||||||
21 | general supervision of a dentist as described in this Section. | ||||||
22 | (Source: P.A. 99-492, eff. 12-31-15.)
|