Bill Text: IL SB3168 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Dental Practice Act. Provides that a person who uses teledentistry practices dentistry within the meaning of the Act. Provides that a dentist may utilize and delegate dental services to a dental hygienist or dental assistant using telehealth only under the supervision requirements as specified in the Act for in-person patient care. Provides that a dental assistant who has at least 2,000 hours of direct clinical patient care experience and who has completed a structured training program provided by a continuing education provider approved by the Department of Financial and Professional Regulation may perform specified procedures. Provides that a dental assistant who has completed specified training may perform coronal scaling and intracoronal temporization of a tooth under the supervision of a dentist. Changes the definition of "public health setting" to include a prison. Changes the definition of "teledentistry" to include limited patient diagnosis and treatment planning (rather than patient care) using synchronous and asynchronous communications under an Illinois licensed dentist's authority (rather than a dentist's authority).
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2022-06-15 - Chief Sponsor Changed to Sen. Don Harmon [SB3168 Detail]
Download: Illinois-2021-SB3168-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, 17, and 17.1 as follows:
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6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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7 | (Text of Section before amendment by P.A. 102-93 )
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8 | (Section scheduled to be repealed on January 1, 2026)
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9 | Sec. 4. Definitions. As used in this Act:
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10 | "Address of record" means the designated address recorded | |||||||||||||||||||||||
11 | by the Department in the applicant's or licensee's application | |||||||||||||||||||||||
12 | file or license file as maintained by the Department's | |||||||||||||||||||||||
13 | licensure maintenance unit. It is the duty of the applicant or | |||||||||||||||||||||||
14 | licensee to inform the Department of any change of address and | |||||||||||||||||||||||
15 | those changes must be made either through the Department's | |||||||||||||||||||||||
16 | website or by contacting the Department. | |||||||||||||||||||||||
17 | "Department" means the Department of Financial and | |||||||||||||||||||||||
18 | Professional Regulation.
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19 | "Secretary" means the Secretary of Financial and | |||||||||||||||||||||||
20 | Professional Regulation.
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21 | "Board" means the Board of Dentistry.
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22 | "Dentist" means a person who has received a general | |||||||||||||||||||||||
23 | license pursuant
to paragraph (a) of Section 11 of this Act and |
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1 | who may perform any intraoral
and extraoral procedure required | ||||||
2 | in the practice of dentistry and to whom is
reserved the | ||||||
3 | responsibilities specified in Section 17.
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4 | "Dental hygienist" means a person who holds a license | ||||||
5 | under this Act to
perform dental services as authorized by | ||||||
6 | Section 18.
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7 | "Dental assistant" means an appropriately trained person
| ||||||
8 | who, under the supervision of a dentist, provides dental | ||||||
9 | services
as authorized by Section 17.
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10 | "Expanded function dental assistant" means a dental | ||||||
11 | assistant who has completed the training required by Section | ||||||
12 | 17.1 of this Act. | ||||||
13 | "Dental laboratory" means a person, firm or corporation | ||||||
14 | which:
| ||||||
15 | (i) engages in making, providing, repairing or | ||||||
16 | altering dental
prosthetic appliances and other artificial | ||||||
17 | materials and devices which are
returned to a dentist for | ||||||
18 | insertion into the human oral cavity or which
come in | ||||||
19 | contact with its adjacent structures and tissues; and
| ||||||
20 | (ii) utilizes or employs a dental technician to | ||||||
21 | provide such services; and
| ||||||
22 | (iii) performs such functions only for a dentist or | ||||||
23 | dentists.
| ||||||
24 | "Supervision" means supervision of a dental hygienist or a | ||||||
25 | dental
assistant requiring that a dentist authorize the | ||||||
26 | procedure, remain in the
dental facility while the procedure |
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1 | is performed, and approve the work
performed by the dental | ||||||
2 | hygienist or dental assistant before dismissal of
the patient, | ||||||
3 | but does not mean that the dentist must be present at all
times | ||||||
4 | in the treatment room.
| ||||||
5 | "General supervision" means supervision of a dental | ||||||
6 | hygienist
requiring that the patient be a patient of record,
| ||||||
7 | that the dentist
examine the patient in accordance with | ||||||
8 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
9 | that the
dentist authorize the procedures which
are being | ||||||
10 | carried
out by a notation in the patient's record, but not | ||||||
11 | requiring that a dentist
be present when the authorized
| ||||||
12 | procedures are being performed. The
issuance of a prescription | ||||||
13 | to a dental laboratory by a
dentist does not constitute | ||||||
14 | general supervision.
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15 | "Public member" means a person who is not a health | ||||||
16 | professional.
For purposes of board membership, any person | ||||||
17 | with a significant financial
interest in a health service or | ||||||
18 | profession is not a public member.
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19 | "Dentistry" means the healing art which is concerned with | ||||||
20 | the
examination, diagnosis, treatment planning and care of | ||||||
21 | conditions within
the human oral cavity and its adjacent | ||||||
22 | tissues and structures, as further
specified in Section 17.
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23 | "Branches of dentistry" means the various specialties of | ||||||
24 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
25 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
26 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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1 | periodontics, prosthodontics, and oral and maxillofacial
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2 | radiology.
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3 | "Specialist" means a dentist who has received a specialty | ||||||
4 | license
pursuant to Section 11(b).
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5 | "Dental technician" means a person who owns, operates or | ||||||
6 | is
employed by a dental laboratory and engages in making, | ||||||
7 | providing, repairing
or altering dental prosthetic appliances | ||||||
8 | and other artificial materials and
devices which are returned | ||||||
9 | to a dentist for insertion into the human oral
cavity or which | ||||||
10 | come in contact with its adjacent structures and tissues.
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11 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
12 | dentist
or dental hygienist who is unable to practice with
| ||||||
13 | reasonable skill and safety because of a physical or mental | ||||||
14 | disability as
evidenced by a written determination or written | ||||||
15 | consent based on clinical
evidence, including deterioration | ||||||
16 | through the aging process, loss of motor
skills, abuse of | ||||||
17 | drugs or alcohol, or a psychiatric disorder, of sufficient
| ||||||
18 | degree to diminish the person's ability to deliver competent | ||||||
19 | patient care.
| ||||||
20 | "Nurse" means a registered professional nurse, a certified | ||||||
21 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
22 | registered nurse, or a licensed practical nurse licensed under | ||||||
23 | the Nurse Practice Act.
| ||||||
24 | "Patient of record" means a patient for whom the patient's | ||||||
25 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
26 | history and on whom the dentist has performed an
examination |
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| |||||||
1 | and evaluated the condition to be treated.
| ||||||
2 | "Dental responder" means a dentist or dental hygienist who | ||||||
3 | is appropriately certified in disaster preparedness, | ||||||
4 | immunizations, and dental humanitarian medical response | ||||||
5 | consistent with the Society of Disaster Medicine and Public | ||||||
6 | Health and training certified by the National Incident | ||||||
7 | Management System or the National Disaster Life Support | ||||||
8 | Foundation.
| ||||||
9 | "Mobile dental van or portable dental unit" means any | ||||||
10 | self-contained or portable dental unit in which dentistry is | ||||||
11 | practiced that can be moved, towed, or transported from one | ||||||
12 | location to another in order to establish a location where | ||||||
13 | dental services can be provided. | ||||||
14 | "Public health dental hygienist" means a hygienist who | ||||||
15 | holds a valid license to practice in the State, has 2 years of | ||||||
16 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
17 | of clinical experience and has completed at least 42 clock | ||||||
18 | hours of additional structured courses in dental education in | ||||||
19 | advanced areas specific to public health dentistry. | ||||||
20 | "Public health setting" means a federally qualified health | ||||||
21 | center; a federal, State, or local public health facility; | ||||||
22 | Head Start; a special supplemental nutrition program for | ||||||
23 | Women, Infants, and Children (WIC) facility; or a certified | ||||||
24 | school-based health center or school-based oral health | ||||||
25 | program ; or a prison . | ||||||
26 | "Public health supervision" means the supervision of a |
| |||||||
| |||||||
1 | public health dental hygienist by a licensed dentist who has a | ||||||
2 | written public health supervision agreement with that public | ||||||
3 | health dental hygienist while working in an approved facility | ||||||
4 | or program that allows the public health dental hygienist to | ||||||
5 | treat patients, without a dentist first examining the patient | ||||||
6 | and being present in the facility during treatment, (1) who | ||||||
7 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
8 | household income is not greater than 200% of the federal | ||||||
9 | poverty level. | ||||||
10 | "Teledentistry" means the use of telehealth systems and | ||||||
11 | methodologies in dentistry and includes limited patient | ||||||
12 | diagnosis, treatment planning, care and education delivery | ||||||
13 | using synchronous and asynchronous communications under an | ||||||
14 | Illinois licensed a dentist's authority as provided under this | ||||||
15 | Act. | ||||||
16 | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | ||||||
17 | 102-588, eff. 8-20-21.)
| ||||||
18 | (Text of Section after amendment by P.A. 102-93 ) | ||||||
19 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
20 | Sec. 4. Definitions. As used in this Act:
| ||||||
21 | "Address of record" means the designated address recorded | ||||||
22 | by the Department in the applicant's or licensee's application | ||||||
23 | file or license file as maintained by the Department's | ||||||
24 | licensure maintenance unit. It is the duty of the applicant or | ||||||
25 | licensee to inform the Department of any change of address and |
| |||||||
| |||||||
1 | those changes must be made either through the Department's | ||||||
2 | website or by contacting the Department. | ||||||
3 | "Department" means the Department of Financial and | ||||||
4 | Professional Regulation.
| ||||||
5 | "Secretary" means the Secretary of Financial and | ||||||
6 | Professional Regulation.
| ||||||
7 | "Board" means the Board of Dentistry.
| ||||||
8 | "Dentist" means a person who has received a general | ||||||
9 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
10 | who may perform any intraoral
and extraoral procedure required | ||||||
11 | in the practice of dentistry and to whom is
reserved the | ||||||
12 | responsibilities specified in Section 17.
| ||||||
13 | "Dental hygienist" means a person who holds a license | ||||||
14 | under this Act to
perform dental services as authorized by | ||||||
15 | Section 18.
| ||||||
16 | "Dental assistant" means an appropriately trained person
| ||||||
17 | who, under the supervision of a dentist, provides dental | ||||||
18 | services
as authorized by Section 17.
| ||||||
19 | "Expanded function dental assistant" means a dental | ||||||
20 | assistant who has completed the training required by Section | ||||||
21 | 17.1 of this Act. | ||||||
22 | "Dental laboratory" means a person, firm or corporation | ||||||
23 | which:
| ||||||
24 | (i) engages in making, providing, repairing or | ||||||
25 | altering dental
prosthetic appliances and other artificial | ||||||
26 | materials and devices which are
returned to a dentist for |
| |||||||
| |||||||
1 | insertion into the human oral cavity or which
come in | ||||||
2 | contact with its adjacent structures and tissues; and
| ||||||
3 | (ii) utilizes or employs a dental technician to | ||||||
4 | provide such services; and
| ||||||
5 | (iii) performs such functions only for a dentist or | ||||||
6 | dentists.
| ||||||
7 | "Supervision" means supervision of a dental hygienist or a | ||||||
8 | dental
assistant requiring that a dentist authorize the | ||||||
9 | procedure, remain in the
dental facility while the procedure | ||||||
10 | is performed, and approve the work
performed by the dental | ||||||
11 | hygienist or dental assistant before dismissal of
the patient, | ||||||
12 | but does not mean that the dentist must be present at all
times | ||||||
13 | in the treatment room.
| ||||||
14 | "General supervision" means supervision of a dental | ||||||
15 | hygienist
requiring that the patient be a patient of record,
| ||||||
16 | that the dentist
examine the patient in accordance with | ||||||
17 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
18 | that the
dentist authorize the procedures which
are being | ||||||
19 | carried
out by a notation in the patient's record, but not | ||||||
20 | requiring that a dentist
be present when the authorized
| ||||||
21 | procedures are being performed. The
issuance of a prescription | ||||||
22 | to a dental laboratory by a
dentist does not constitute | ||||||
23 | general supervision.
| ||||||
24 | "Public member" means a person who is not a health | ||||||
25 | professional.
For purposes of board membership, any person | ||||||
26 | with a significant financial
interest in a health service or |
| |||||||
| |||||||
1 | profession is not a public member.
| ||||||
2 | "Dentistry" means the healing art which is concerned with | ||||||
3 | the
examination, diagnosis, treatment planning and care of | ||||||
4 | conditions within
the human oral cavity and its adjacent | ||||||
5 | tissues and structures, as further
specified in Section 17.
| ||||||
6 | "Branches of dentistry" means the various specialties of | ||||||
7 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
8 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
9 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
10 | periodontics, prosthodontics, oral and maxillofacial
| ||||||
11 | radiology, and dental anesthesiology.
| ||||||
12 | "Specialist" means a dentist who has received a specialty | ||||||
13 | license
pursuant to Section 11(b).
| ||||||
14 | "Dental technician" means a person who owns, operates or | ||||||
15 | is
employed by a dental laboratory and engages in making, | ||||||
16 | providing, repairing
or altering dental prosthetic appliances | ||||||
17 | and other artificial materials and
devices which are returned | ||||||
18 | to a dentist for insertion into the human oral
cavity or which | ||||||
19 | come in contact with its adjacent structures and tissues.
| ||||||
20 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
21 | dentist
or dental hygienist who is unable to practice with
| ||||||
22 | reasonable skill and safety because of a physical or mental | ||||||
23 | disability as
evidenced by a written determination or written | ||||||
24 | consent based on clinical
evidence, including deterioration | ||||||
25 | through the aging process, loss of motor
skills, abuse of | ||||||
26 | drugs or alcohol, or a psychiatric disorder, of sufficient
|
| |||||||
| |||||||
1 | degree to diminish the person's ability to deliver competent | ||||||
2 | patient care.
| ||||||
3 | "Nurse" means a registered professional nurse, a certified | ||||||
4 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
5 | registered nurse, or a licensed practical nurse licensed under | ||||||
6 | the Nurse Practice Act.
| ||||||
7 | "Patient of record" means a patient for whom the patient's | ||||||
8 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
9 | history and on whom the dentist has performed an
examination | ||||||
10 | and evaluated the condition to be treated.
| ||||||
11 | "Dental responder" means a dentist or dental hygienist who | ||||||
12 | is appropriately certified in disaster preparedness, | ||||||
13 | immunizations, and dental humanitarian medical response | ||||||
14 | consistent with the Society of Disaster Medicine and Public | ||||||
15 | Health and training certified by the National Incident | ||||||
16 | Management System or the National Disaster Life Support | ||||||
17 | Foundation.
| ||||||
18 | "Mobile dental van or portable dental unit" means any | ||||||
19 | self-contained or portable dental unit in which dentistry is | ||||||
20 | practiced that can be moved, towed, or transported from one | ||||||
21 | location to another in order to establish a location where | ||||||
22 | dental services can be provided. | ||||||
23 | "Public health dental hygienist" means a hygienist who | ||||||
24 | holds a valid license to practice in the State, has 2 years of | ||||||
25 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
26 | of clinical experience and has completed at least 42 clock |
| |||||||
| |||||||
1 | hours of additional structured courses in dental education in | ||||||
2 | advanced areas specific to public health dentistry. | ||||||
3 | "Public health setting" means a federally qualified health | ||||||
4 | center; a federal, State, or local public health facility; | ||||||
5 | Head Start; a special supplemental nutrition program for | ||||||
6 | Women, Infants, and Children (WIC) facility; or a certified | ||||||
7 | school-based health center or school-based oral health | ||||||
8 | program ; or a prison . | ||||||
9 | "Public health supervision" means the supervision of a | ||||||
10 | public health dental hygienist by a licensed dentist who has a | ||||||
11 | written public health supervision agreement with that public | ||||||
12 | health dental hygienist while working in an approved facility | ||||||
13 | or program that allows the public health dental hygienist to | ||||||
14 | treat patients, without a dentist first examining the patient | ||||||
15 | and being present in the facility during treatment, (1) who | ||||||
16 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
17 | household income is not greater than 200% of the federal | ||||||
18 | poverty level. | ||||||
19 | "Teledentistry" means the use of telehealth systems and | ||||||
20 | methodologies in dentistry and includes limited patient | ||||||
21 | diagnosis, treatment planning, care and education delivery | ||||||
22 | using synchronous and asynchronous communications under an | ||||||
23 | Illinois licensed a dentist's authority as provided under this | ||||||
24 | Act. | ||||||
25 | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | ||||||
26 | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21.)
|
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| |||||||
1 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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2 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
3 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
4 | person
practices dentistry, within the meaning of this Act:
| ||||||
5 | (1) Who represents himself or herself as being able to | ||||||
6 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
7 | any disease, pain, deformity, deficiency,
injury, or | ||||||
8 | physical condition of the human tooth, teeth, alveolar | ||||||
9 | process,
gums or jaw; or
| ||||||
10 | (2) Who is a manager, proprietor, operator or | ||||||
11 | conductor of a
business where
dental operations are | ||||||
12 | performed; or
| ||||||
13 | (3) Who performs dental operations of any kind; or
| ||||||
14 | (4) Who uses an X-Ray machine or X-Ray films for
| ||||||
15 | dental diagnostic purposes; or
| ||||||
16 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
17 | or attempts to
correct
malpositions of the human teeth or | ||||||
18 | jaws; or
| ||||||
19 | (6) Who offers or undertakes, by any means or method, | ||||||
20 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
21 | materials from human teeth or jaws; or
| ||||||
22 | (7) Who uses or administers local or general | ||||||
23 | anesthetics in the treatment
of dental or oral diseases or | ||||||
24 | in any preparation incident to a dental operation
of any | ||||||
25 | kind or character; or
|
| |||||||
| |||||||
1 | (8) Who takes material or digital scans for final | ||||||
2 | impressions of the human tooth, teeth, or jaws or performs
| ||||||
3 | any phase of any operation incident to the replacement of | ||||||
4 | a part of a tooth,
a tooth, teeth or associated tissues by | ||||||
5 | means of a filling, crown, a bridge,
a denture or other | ||||||
6 | appliance; or
| ||||||
7 | (9) Who offers to furnish, supply, construct, | ||||||
8 | reproduce or repair, or
who furnishes, supplies, | ||||||
9 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
10 | bridges or other substitutes for natural teeth, to the | ||||||
11 | user or
prospective user thereof; or
| ||||||
12 | (10) Who instructs students on clinical matters or | ||||||
13 | performs any clinical
operation included in the curricula | ||||||
14 | of recognized dental schools and colleges; or
| ||||||
15 | (11) Who takes material or digital scans for final | ||||||
16 | impressions of human teeth or places his or her hands in | ||||||
17 | the mouth of any person for the purpose of applying teeth | ||||||
18 | whitening materials, or who takes impressions of human | ||||||
19 | teeth or places his or her hands in the mouth of any person | ||||||
20 | for the purpose of assisting in the application of teeth | ||||||
21 | whitening materials. A person does not practice dentistry | ||||||
22 | when he or she discloses to the consumer that he or she is | ||||||
23 | not licensed as a dentist under this Act and (i) discusses | ||||||
24 | the use of teeth whitening materials with a consumer | ||||||
25 | purchasing these materials; (ii) provides instruction on | ||||||
26 | the use of teeth whitening materials with a consumer |
| |||||||
| |||||||
1 | purchasing these materials; or (iii) provides appropriate | ||||||
2 | equipment on-site to the consumer for the consumer to | ||||||
3 | self-apply teeth whitening materials ; or . | ||||||
4 | (12) Who uses teledentistry. A dentist may utilize and | ||||||
5 | delegate dental services to a dental hygienist or dental | ||||||
6 | assistant using telehealth only under the supervision | ||||||
7 | requirements as specified in this Act for
in-person | ||||||
8 | patient care. | ||||||
9 | The fact that any person engages in or performs, or offers | ||||||
10 | to engage in
or perform, any of the practices, acts, or | ||||||
11 | operations set forth in this
Section, shall be prima facie | ||||||
12 | evidence that such person is engaged in the
practice of | ||||||
13 | dentistry.
| ||||||
14 | The following practices, acts, and operations, however, | ||||||
15 | are exempt from
the operation of this Act:
| ||||||
16 | (a) The rendering of dental relief in emergency cases | ||||||
17 | in the practice
of his or her profession by a physician or | ||||||
18 | surgeon, licensed as such
under the laws of this State, | ||||||
19 | unless he or she undertakes to reproduce or reproduces
| ||||||
20 | lost parts of the human teeth in the mouth or to restore or | ||||||
21 | replace lost
or missing teeth in the mouth; or
| ||||||
22 | (b) The practice of dentistry in the discharge of | ||||||
23 | their official duties
by dentists in any branch of the | ||||||
24 | Armed Services of the United States, the
United States | ||||||
25 | Public Health Service, or the United States Veterans
| ||||||
26 | Administration; or
|
| |||||||
| |||||||
1 | (c) The practice of dentistry by students in their | ||||||
2 | course of study
in dental schools or colleges approved by | ||||||
3 | the Department, when acting under the
direction and | ||||||
4 | supervision of dentists acting as instructors; or
| ||||||
5 | (d) The practice of dentistry by clinical instructors | ||||||
6 | in the course of
their teaching duties in dental schools | ||||||
7 | or colleges approved by the
Department:
| ||||||
8 | (i) when acting under the direction and | ||||||
9 | supervision of dentists,
provided that such clinical | ||||||
10 | instructors have instructed continuously in
this State | ||||||
11 | since January 1, 1986; or
| ||||||
12 | (ii) when holding the rank of full professor at | ||||||
13 | such approved dental
school or college and possessing | ||||||
14 | a current valid license or authorization
to practice | ||||||
15 | dentistry in another country; or
| ||||||
16 | (e) The practice of dentistry by licensed dentists of | ||||||
17 | other states or
countries at meetings of the Illinois | ||||||
18 | State Dental Society or component
parts thereof, alumni | ||||||
19 | meetings of dental colleges, or any other like dental
| ||||||
20 | organizations, while appearing as clinicians; or
| ||||||
21 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
22 | of dental or oral
tissues by dental hygienists or dental | ||||||
23 | assistants; or
| ||||||
24 | (g) The performance of any dental service by a dental | ||||||
25 | assistant, if such
service is performed under the | ||||||
26 | supervision and full responsibility of a
dentist. In |
| |||||||
| |||||||
1 | addition, after being authorized by a dentist, a dental | ||||||
2 | assistant may, for the purpose of eliminating pain or | ||||||
3 | discomfort, remove loose, broken, or irritating | ||||||
4 | orthodontic appliances on a patient of record.
| ||||||
5 | For purposes of this paragraph (g), "dental service" | ||||||
6 | is defined to mean
any intraoral procedure or act which | ||||||
7 | shall be prescribed by rule or
regulation of the | ||||||
8 | Department. Dental service, however, shall not include:
| ||||||
9 | (1) Any and all diagnosis of or prescription for | ||||||
10 | treatment of disease,
pain, deformity, deficiency, | ||||||
11 | injury or physical condition of the human teeth
or | ||||||
12 | jaws, or adjacent structures.
| ||||||
13 | (2) Removal of, or restoration of, or addition
to | ||||||
14 | the hard or soft tissues of the oral cavity, except for | ||||||
15 | the placing, carving, and finishing of amalgam | ||||||
16 | restorations and placing, packing, and finishing | ||||||
17 | composite restorations by dental assistants who have | ||||||
18 | had additional formal education and certification. | ||||||
19 | A dental assistant may place, carve, and finish | ||||||
20 | amalgam restorations, place, pack, and finish | ||||||
21 | composite restorations, and place interim restorations | ||||||
22 | if he or she (A) has successfully completed a | ||||||
23 | structured training program as described in item (2) | ||||||
24 | of subsection (g) provided by an educational | ||||||
25 | institution accredited by the Commission on Dental | ||||||
26 | Accreditation, such as a dental school or dental |
| |||||||
| |||||||
1 | hygiene or dental assistant program, or (B) has at | ||||||
2 | least 4,000 hours of direct clinical patient care | ||||||
3 | experience and has successfully completed a structured | ||||||
4 | training program as described in item (2) of | ||||||
5 | subsection (g) provided by a statewide dental | ||||||
6 | association, approved by the Department to provide | ||||||
7 | continuing education, that has developed and conducted | ||||||
8 | training programs for expanded functions for dental | ||||||
9 | assistants or hygienists. The training program must: | ||||||
10 | (i) include a minimum of 16 hours of didactic study and | ||||||
11 | 14 hours of clinical manikin instruction; all training | ||||||
12 | programs shall include areas of study in nomenclature, | ||||||
13 | caries classifications, oral anatomy, periodontium, | ||||||
14 | basic occlusion, instrumentations, pulp protection | ||||||
15 | liners and bases, dental materials, matrix and wedge | ||||||
16 | techniques, amalgam placement and carving, rubber dam | ||||||
17 | clamp placement, and rubber dam placement and removal; | ||||||
18 | (ii) include an outcome assessment examination that | ||||||
19 | demonstrates competency; (iii) require the supervising | ||||||
20 | dentist to observe and approve the completion of 8 | ||||||
21 | amalgam or composite restorations; and (iv) issue a | ||||||
22 | certificate of completion of the training program, | ||||||
23 | which must be kept on file at the dental office and be | ||||||
24 | made available to the Department upon request. A | ||||||
25 | dental assistant must have successfully completed an | ||||||
26 | approved coronal polishing and dental sealant course |
| |||||||
| |||||||
1 | prior to taking the amalgam and composite restoration | ||||||
2 | course. | ||||||
3 | A dentist utilizing dental assistants shall not | ||||||
4 | supervise more than 4 dental assistants at any one | ||||||
5 | time for placing, carving, and finishing of amalgam | ||||||
6 | restorations or for placing, packing, and finishing | ||||||
7 | composite restorations.
| ||||||
8 | (3) Any and all correction of malformation of | ||||||
9 | teeth or of the jaws.
| ||||||
10 | (4) Administration of anesthetics, except for | ||||||
11 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
12 | sedation, and general anesthetic as provided in | ||||||
13 | Section 8.1 of this Act, that may be performed only | ||||||
14 | after successful completion of a training
program | ||||||
15 | approved by the Department. A dentist utilizing dental | ||||||
16 | assistants shall not supervise more than 4 dental | ||||||
17 | assistants at any one time for the monitoring of | ||||||
18 | nitrous oxide.
| ||||||
19 | (5) Removal of calculus from human teeth.
| ||||||
20 | (6) Taking of material or digital scans for final | ||||||
21 | impressions for the fabrication of prosthetic
| ||||||
22 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
23 | restorative or replacement
dentistry.
| ||||||
24 | (7) The operative procedure of dental hygiene | ||||||
25 | consisting of oral
prophylactic procedures, except for | ||||||
26 | coronal polishing and pit and fissure sealants,
which |
| |||||||
| |||||||
1 | may be
performed by a
dental assistant who has | ||||||
2 | successfully completed a training program approved by
| ||||||
3 | the Department. Dental assistants may perform coronal | ||||||
4 | polishing under the
following circumstances: (i) the | ||||||
5 | coronal polishing shall be limited to
polishing the
| ||||||
6 | clinical crown of the tooth and existing restorations, | ||||||
7 | supragingivally; (ii)
the
dental assistant performing | ||||||
8 | the coronal polishing shall be limited to the use
of
| ||||||
9 | rotary instruments using a rubber cup or brush | ||||||
10 | polishing method (air polishing
is
not permitted); and | ||||||
11 | (iii) the supervising dentist shall not supervise more
| ||||||
12 | than 4
dental assistants at any one time for the task | ||||||
13 | of coronal polishing or pit and fissure sealants.
| ||||||
14 | In addition to coronal polishing and pit and | ||||||
15 | fissure sealants as described in this item (7), a | ||||||
16 | dental assistant who has at least 2,000 hours of | ||||||
17 | direct clinical patient care experience and who has | ||||||
18 | successfully completed a structured training program | ||||||
19 | provided by (1) an educational institution including, | ||||||
20 | but not limited to, such as a dental school or dental | ||||||
21 | hygiene or dental assistant program, (2) a continuing | ||||||
22 | education
provider approved by the Department, or (3) | ||||||
23 | or (2) by a statewide dental or dental hygienist | ||||||
24 | association, approved by the Department on or before | ||||||
25 | January 1, 2017 (the effective date of Public Act | ||||||
26 | 99-680), that has developed and conducted a training |
| |||||||
| |||||||
1 | program for expanded functions for dental assistants | ||||||
2 | or hygienists may perform: (A) coronal scaling above | ||||||
3 | the gum line, supragingivally, on the clinical crown | ||||||
4 | of the tooth only on patients 19 12 years of age or | ||||||
5 | younger who have an absence of periodontal disease and | ||||||
6 | who are not medically compromised or individuals with | ||||||
7 | special needs and (B) intracoronal temporization of a | ||||||
8 | tooth. The training program must: (I) include a | ||||||
9 | minimum of 16 hours of instruction in both didactic | ||||||
10 | and clinical manikin or human subject instruction; all | ||||||
11 | training programs shall include areas of study in | ||||||
12 | dental anatomy, public health dentistry, medical | ||||||
13 | history, dental emergencies, and managing the | ||||||
14 | pediatric patient; (II) include an outcome assessment | ||||||
15 | examination that demonstrates competency; (III) | ||||||
16 | require the supervising dentist to observe and approve | ||||||
17 | the completion of 6 full mouth supragingival scaling | ||||||
18 | procedures unless the training was received as part of | ||||||
19 | a Commission on Dental Accreditation approved dental | ||||||
20 | assistant program ; and (IV) issue a certificate of | ||||||
21 | completion of the training program, which must be kept | ||||||
22 | on file at the dental office and be made available to | ||||||
23 | the Department upon request. A dental assistant must | ||||||
24 | have successfully completed an approved coronal | ||||||
25 | polishing course prior to taking the coronal scaling | ||||||
26 | course. A dental assistant performing these functions |
| |||||||
| |||||||
1 | shall be limited to the use of hand instruments only. | ||||||
2 | In addition, coronal scaling as described in this | ||||||
3 | paragraph shall only be utilized on patients who are | ||||||
4 | eligible for Medicaid or who are uninsured and whose | ||||||
5 | household income is not greater than 200% of the | ||||||
6 | federal poverty level. A dentist may not supervise | ||||||
7 | more than 2 dental assistants at any one time for the | ||||||
8 | task of coronal scaling. This paragraph is inoperative | ||||||
9 | on and after January 1, 2026. | ||||||
10 | The limitations on the number of dental assistants a | ||||||
11 | dentist may supervise contained in items (2), (4), and (7) | ||||||
12 | of this paragraph (g) mean a limit of 4 total dental | ||||||
13 | assistants or dental hygienists doing expanded functions | ||||||
14 | covered by these Sections being supervised by one dentist; | ||||||
15 | or | ||||||
16 | (h) The practice of dentistry by an individual who:
| ||||||
17 | (i) has applied in writing to the Department, in | ||||||
18 | form and substance
satisfactory to the Department, for | ||||||
19 | a general dental license and has
complied with all | ||||||
20 | provisions of Section 9 of this Act, except for the
| ||||||
21 | passage of the examination specified in subsection (e) | ||||||
22 | of Section 9 of this
Act; or
| ||||||
23 | (ii) has applied in writing to the Department, in | ||||||
24 | form and substance
satisfactory to the Department, for | ||||||
25 | a temporary dental license and has
complied with all | ||||||
26 | provisions of subsection (c) of Section 11 of this |
| |||||||
| |||||||
1 | Act; and
| ||||||
2 | (iii) has been accepted or appointed for specialty | ||||||
3 | or residency training
by a hospital situated in this | ||||||
4 | State; or
| ||||||
5 | (iv) has been accepted or appointed for specialty | ||||||
6 | training in an
approved dental program situated in | ||||||
7 | this State; or
| ||||||
8 | (v) has been accepted or appointed for specialty | ||||||
9 | training in a dental
public health agency situated in | ||||||
10 | this State.
| ||||||
11 | The applicant shall be permitted to practice dentistry | ||||||
12 | for a period of 3
months from the starting date of the | ||||||
13 | program, unless authorized in writing
by the Department to | ||||||
14 | continue such practice for a period specified in
writing | ||||||
15 | by the Department.
| ||||||
16 | The applicant shall only be entitled to perform such | ||||||
17 | acts as may be
prescribed by and incidental to his or her | ||||||
18 | program of residency or specialty
training and shall not | ||||||
19 | otherwise engage in the practice of dentistry in this
| ||||||
20 | State.
| ||||||
21 | The authority to practice shall terminate immediately | ||||||
22 | upon:
| ||||||
23 | (1) the decision of the Department that the | ||||||
24 | applicant has failed the
examination; or
| ||||||
25 | (2) denial of licensure by the Department; or
| ||||||
26 | (3) withdrawal of the application.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21.)
| ||||||
2 | (225 ILCS 25/17.1) | ||||||
3 | (Section scheduled to be repealed on January 1, 2026) | ||||||
4 | Sec. 17.1. Expanded function dental assistants. | ||||||
5 | (a) A dental assistant who has completed training as | ||||||
6 | provided in subsection (b) of this Section in all of the | ||||||
7 | following areas may hold himself or herself out as an expanded | ||||||
8 | function dental assistant: | ||||||
9 | (1) Taking material or digital scans for final | ||||||
10 | impressions after completing a training program that | ||||||
11 | includes either didactic objectives or clinical skills and | ||||||
12 | functions that demonstrate competency. | ||||||
13 | (2) Performing pulp vitality test after completing a | ||||||
14 | training program that includes either didactic objectives | ||||||
15 | or clinical skills and functions that demonstrate | ||||||
16 | competency. | ||||||
17 | (3) (Blank). Placing, carving, and finishing of | ||||||
18 | amalgam restorations and placing, packing, and finishing | ||||||
19 | composite restorations as allowed under Section 17. | ||||||
20 | (4) Starting the flow of oxygen and monitoring of | ||||||
21 | nitrous oxide-oxygen analgesia as allowed under Section | ||||||
22 | 17. | ||||||
23 | (5) Coronal polishing and pit and fissure sealants as | ||||||
24 | allowed under Section 17. | ||||||
25 | (6) Coronal scaling as allowed under Section 17. |
| |||||||
| |||||||
1 | (7) Intracoronal temporization of a tooth. | ||||||
2 | All procedures listed in paragraphs (1) through (7) (5) | ||||||
3 | for dental assistants must be performed under the supervision | ||||||
4 | of a dentist, requiring the dentist authorizes the procedure, | ||||||
5 | remains in the dental facility while the procedure is | ||||||
6 | performed, and approves the work performed by the dental | ||||||
7 | assistant before dismissal of the patient, but the dentist is | ||||||
8 | not required to be present at all times in the treatment room. | ||||||
9 | After the completion of training as provided in subsection | ||||||
10 | (b) of this Section, an expanded function dental assistant may | ||||||
11 | perform any of the services listed in this subsection (a) | ||||||
12 | pursuant to the limitations of this Act. | ||||||
13 | (b) Certification and training as an expanded function | ||||||
14 | dental assistant must be obtained from one of the following | ||||||
15 | sources: (i) an approved continuing education sponsor; (ii) a | ||||||
16 | dental assistant training program approved by the Commission | ||||||
17 | on Dental Accreditation of the American Dental Association; or | ||||||
18 | (iii) a training program approved by the Department. | ||||||
19 | Training required under this subsection (b) must also | ||||||
20 | include Basic Life Support certification, as described in | ||||||
21 | Section 16 of this Act. Proof of current certification shall | ||||||
22 | be kept on file with the supervising dentist. | ||||||
23 | (c) Any procedures listed in subsection (a) that are | ||||||
24 | performed by an expanded function dental assistant must be | ||||||
25 | approved by the supervising dentist and examined prior to | ||||||
26 | dismissal of the patient. The supervising dentist shall be |
| |||||||
| |||||||
1 | responsible for all dental services or procedures performed by | ||||||
2 | the dental assistant. | ||||||
3 | (d) Nothing in this Section shall be construed to alter | ||||||
4 | the number of dental assistants that a dentist may supervise | ||||||
5 | under paragraph (g) of Section 17 of this Act. | ||||||
6 | (e) Nothing in this Act shall: (1) require a dental | ||||||
7 | assistant to be certified as an expanded function dental | ||||||
8 | assistant or (2) prevent a dentist from training dental | ||||||
9 | assistants in accordance with the provisions of Section 17 or | ||||||
10 | 17.1 of this Act or rules pertaining to dental assistant | ||||||
11 | duties.
| ||||||
12 | (Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19; | ||||||
13 | 101-162, eff. 7-26-19.)
| ||||||
14 | Section 95. No acceleration or delay. Where this Act makes | ||||||
15 | changes in a statute that is represented in this Act by text | ||||||
16 | that is not yet or no longer in effect (for example, a Section | ||||||
17 | represented by multiple versions), the use of that text does | ||||||
18 | not accelerate or delay the taking effect of (i) the changes | ||||||
19 | made by this Act or (ii) provisions derived from any other | ||||||
20 | Public Act.
|