|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1296 Introduced 2/3/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Dental Practice Act. Defines "public health supervision" as the supervision of a public health dental hygienist by a licensed dentist who has a written public health supervision agreement with that public health dental hygienist while working in an approved facility or program that allows the public health dental hygienist to treat patients without a dentist first examining the patient and being present in the facility during treatment who are uninsured and whose household income is not greater than 300% (rather than 200%) of the federal poverty level. Provides that the holder of a faculty limited license may advertise a specialty degree as part of the licensee's ability to practice in a faculty practice. Provides that a licensed dentist or dental hygienist who is a military service member or the spouse of a military service member may receive, without examination, in the discretion of the Department of Financial and Professional Regulation, a limited military license. Provides that a limited military license issued shall be valid for a period of 2 years and may be extended or renewed based on the military service member's or spouse's duty status. Provides that any person may be granted a license to practice dentistry, a dental specialty, or dental hygiene in the State as a member of the military service which has and maintains a standard for the practice of dentistry at least equal to that now maintained in the State and who has been lawfully engaged in the practice of dentistry or dental hygiene for at least 2 years (rather than 3 of the 5 years) immediately preceding the filing of his or her application, along with other specified requirements. Provides that dental records are the property of the office in which dentistry is practiced. Provides that a dental office that is closing and will not continue to offer dentistry services must provide notice to the public at least 30 days prior to the closure. Provides that the notice to the public shall include an explanation of how copies of the patient's records may be accessed or obtained by the patient. Makes other changes.
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| | A BILL FOR |
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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, 11, 17, 19, and 50 and by adding Sections |
6 | | 11.5 and 50.1 as follows:
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7 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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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
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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:
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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
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20 | | (ii) utilizes or employs a dental technician to |
21 | | provide such services; and
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22 | | (iii) performs such functions only for a dentist or |
23 | | dentists.
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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.
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5 | | "General supervision" means supervision of a dental |
6 | | hygienist
requiring that the patient be a patient of record,
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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
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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, oral and maxillofacial
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2 | | radiology, and dental anesthesiology.
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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
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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
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18 | | degree to diminish the person's ability to deliver competent |
19 | | patient care.
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20 | | "Nurse" means a registered professional nurse, a certified |
21 | | registered
nurse anesthetist licensed as an advanced practice
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22 | | registered nurse, or a licensed practical nurse licensed under |
23 | | the Nurse Practice Act.
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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.
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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.
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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; a certified |
24 | | school-based health center or school-based oral health |
25 | | program; a prison; or a long-term care facility. |
26 | | "Public health supervision" means the supervision of a |
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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 300% 200% of the federal |
9 | | poverty level. |
10 | | "Teledentistry" means the use of telehealth systems and |
11 | | methodologies in dentistry and includes patient care and |
12 | | education delivery using synchronous and asynchronous |
13 | | communications under a dentist's authority as provided under |
14 | | this Act. |
15 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; |
16 | | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. |
17 | | 1-1-23 .)
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18 | | (225 ILCS 25/11) (from Ch. 111, par. 2311)
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19 | | (Section scheduled to be repealed on January 1, 2026)
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20 | | Sec. 11. Types of dental licenses. The Department shall |
21 | | have the
authority to issue the following types of licenses:
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22 | | (a) General licenses. The Department shall issue a license |
23 | | authorizing
practice as a dentist to any person who qualifies |
24 | | for a license under this Act.
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25 | | (b) Specialty licenses. The Department shall issue a
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1 | | license authorizing practice as a specialist in any particular
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2 | | branch of dentistry to any dentist who has complied with the
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3 | | requirements established for that particular branch of |
4 | | dentistry at the
time of making application. The Department |
5 | | shall establish additional
requirements of any dentist who |
6 | | announces or holds himself or herself out
to the public as a |
7 | | specialist or as being specially qualified in any
particular |
8 | | branch of dentistry.
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9 | | No dentist shall announce or hold himself or herself out |
10 | | to the public as
a specialist or as being specially qualified |
11 | | in any particular branch of
dentistry unless he or she is |
12 | | licensed to practice in that specialty of
dentistry.
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13 | | The fact that any dentist shall announce by card, |
14 | | letterhead , or any
other form of communication using terms as |
15 | | "Specialist ", ," "Practice
Limited To" , or "Limited to |
16 | | Specialty of" with the name of the branch of
dentistry |
17 | | practiced as a specialty, or shall use equivalent words or
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18 | | phrases to announce the same, shall be prima facie evidence |
19 | | that the
dentist is holding himself or herself out to the |
20 | | public as a specialist.
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21 | | (c) Temporary training licenses. Persons who wish to |
22 | | pursue
specialty or other advanced clinical educational |
23 | | programs
in an approved dental school or a hospital situated
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24 | | in this State, or persons who wish to pursue programs of |
25 | | specialty
training in dental public health in public agencies |
26 | | in this State, may
receive without examination, in the |
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1 | | discretion of the Department, a
temporary training license. In |
2 | | order to receive a temporary
training license under this |
3 | | subsection, an applicant shall furnish
satisfactory proof to |
4 | | the Department that:
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5 | | (1) The applicant is at least 21 years of age and is of |
6 | | good moral
character. In determining moral character under |
7 | | this Section, the
Department may take into consideration |
8 | | any felony conviction of the
applicant, but such a |
9 | | conviction shall not operate as bar to licensure;
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10 | | (2) The applicant has been accepted or appointed for |
11 | | specialty or
residency training by an approved hospital |
12 | | situated in this State, by an
approved dental school |
13 | | situated in this State, or by a public health agency
in |
14 | | this State the training programs of which are recognized |
15 | | and approved by
the Department. The applicant shall |
16 | | indicate the beginning and ending
dates of the period for |
17 | | which he or she has been accepted or appointed;
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18 | | (3) The applicant is a graduate of a dental school or |
19 | | college approved
and in good standing in the judgment of |
20 | | the Department.
The Department may consider diplomas or |
21 | | certifications of education, or both,
accompanied by |
22 | | transcripts of course work and credits awarded to |
23 | | determine
if an applicant has graduated from a dental |
24 | | school or college approved and
in good standing. The |
25 | | Department may also consider diplomas or
certifications of |
26 | | education, or both, accompanied by transcripts of course
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1 | | work and credits awarded in determining whether a dental |
2 | | school or college
is approved and in good standing.
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3 | | Temporary training licenses issued under this
Section |
4 | | shall be valid only for the duration of the period of residency |
5 | | or
specialty training and may be extended or renewed as |
6 | | prescribed by rule.
The holder of a valid temporary training |
7 | | license shall be entitled thereby to
perform acts as may be |
8 | | prescribed by and incidental to his or her program of
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9 | | residency or specialty training; but he or she shall not be |
10 | | entitled to
engage in the practice of dentistry in this State.
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11 | | A temporary training license may be revoked by the
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12 | | Department upon proof that the holder has engaged in the
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13 | | practice of dentistry in this State outside of his or her |
14 | | program of residency
or specialty training, or if the holder |
15 | | shall fail to supply the
Department, within 10 days of its |
16 | | request, with information as to his
or her current status and |
17 | | activities in his or her specialty training program.
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18 | | (d) Faculty limited licenses.
Persons who have received |
19 | | full-time appointments to
teach dentistry at an approved |
20 | | dental school or hospital situated in this
State may receive |
21 | | without examination, in the discretion of the Department,
a |
22 | | faculty limited license. In order to
receive a faculty limited |
23 | | license an applicant shall furnish satisfactory
proof to the |
24 | | Department that:
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25 | | (1) The applicant is at least 21 years of age, is of |
26 | | good moral
character , and is licensed to
practice |
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1 | | dentistry in another state or country; and
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2 | | (2) The applicant has a full-time appointment to teach
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3 | | dentistry at an approved
dental school or hospital |
4 | | situated in this State.
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5 | | Faculty limited licenses issued under
this Section shall |
6 | | be
valid for a period of 3 years and may be extended or
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7 | | renewed. The
holder of a valid faculty limited license
may |
8 | | perform acts as may
be required by his or her teaching of |
9 | | dentistry.
The In addition, the holder of a faculty limited |
10 | | license may practice general
dentistry or in his or her area of |
11 | | specialty, but only in a clinic or office
affiliated with the |
12 | | dental school. The holder of a faculty limited license may |
13 | | advertise a specialty degree as part of the licensee's ability |
14 | | to practice in a faculty practice. Any faculty limited license |
15 | | issued to a
faculty member under this Section shall terminate |
16 | | immediately and
automatically,
without any further action by |
17 | | the Department, if the holder ceases to be a
faculty member at |
18 | | an approved dental school or hospital in this State.
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19 | | The Department may revoke a faculty limited license for a |
20 | | violation of
this Act or its rules, or if the holder fails to
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21 | | supply the Department, within 10 days of its request, with |
22 | | information as
to his or her current status and activities in |
23 | | his or her teaching program.
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24 | | (e) Inactive status. Any person who holds one of the |
25 | | licenses
under subsection (a) or (b) of Section 11 or under |
26 | | Section 12 of this Act may
elect, upon payment of
the required |
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1 | | fee, to place his or her license on an inactive status and |
2 | | shall,
subject to the rules of the
Department, be excused from |
3 | | the payment of renewal fees until he or she
notifies the |
4 | | Department in writing of his or her desire to resume active
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5 | | status.
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6 | | Any licensee requesting restoration from inactive status |
7 | | shall be
required to pay the current renewal fee and upon |
8 | | payment the Department
shall be required to restore his or her |
9 | | license, as provided in Section 16 of
this Act.
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10 | | Any licensee whose license is in an
inactive status shall |
11 | | not practice in the State of Illinois.
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12 | | (f) Certificates of Identification. In addition to the |
13 | | licenses
authorized by this Section, the Department shall |
14 | | deliver to each dentist a
certificate of identification in a |
15 | | form specified by the Department.
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16 | | (Source: P.A. 100-976, eff. 1-1-19 .)
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17 | | (225 ILCS 25/11.5 new) |
18 | | Sec. 11.5. Limited military license. A licensed dentist or |
19 | | dental hygienist who is a military service member or the |
20 | | spouse of a military service member may receive, without |
21 | | examination, in the discretion of the Department, a limited |
22 | | military license. In order to receive a limited military |
23 | | license, an applicant shall furnish satisfactory proof to the |
24 | | Department that the applicant currently holds a valid license |
25 | | in a state other than this State and that the applicant is in |
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1 | | good standing with the originating jurisdiction. The |
2 | | Department may use the following to determine proof of a |
3 | | military status: |
4 | | (1) proof of assignment to a duty station in the State |
5 | | or proof that the applicant has or will, within 6 months, |
6 | | establish legal residence in the State; or |
7 | | (2) proof of the applicant's or the applicant's |
8 | | spouse's active military status, including a DD2154, a |
9 | | letter of service signed by the unit commanding officer, |
10 | | or proof of service document from the service member's |
11 | | electronic personnel portal. Proof for a spouse includes a |
12 | | military permanent change of station order with the spouse |
13 | | identified by name, an official notification of change of |
14 | | assignment with a marriage license, a certified DD1172 |
15 | | verifying marital status, or a letter signed by the |
16 | | commanding officer verifying change of assignment and the |
17 | | name of the military spouse. |
18 | | A limited military license issued under this Section shall |
19 | | be valid for a period of 2 years and may be extended or renewed |
20 | | based on the military service member's or spouse's duty |
21 | | status.
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22 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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23 | | (Section scheduled to be repealed on January 1, 2026)
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24 | | Sec. 17. Acts constituting the practice of dentistry. A |
25 | | person
practices dentistry, within the meaning of this Act:
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1 | | (1) Who represents himself or herself as being able to |
2 | | diagnose or diagnoses,
treats, prescribes, or operates for |
3 | | any disease, pain, deformity, deficiency,
injury, or |
4 | | physical condition of the human tooth, teeth, alveolar |
5 | | process,
gums , or jaw; or
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6 | | (2) Who is a manager, proprietor, operator , or |
7 | | conductor of a
business where
dental operations are |
8 | | performed; or
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9 | | (3) Who performs dental operations of any kind; or
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10 | | (4) Who uses an X-Ray machine or X-Ray films for
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11 | | dental diagnostic purposes; or
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12 | | (5) Who extracts a human tooth or teeth, or corrects |
13 | | or attempts to
correct
malpositions of the human teeth or |
14 | | jaws; or
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15 | | (6) Who offers or undertakes, by any means or method, |
16 | | to diagnose, treat ,
or remove stains, calculus, and |
17 | | bonding materials from human teeth or jaws; or
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18 | | (7) Who uses or administers local or general |
19 | | anesthetics in the treatment
of dental or oral diseases or |
20 | | in any preparation incident to a dental operation
of any |
21 | | kind or character; or
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22 | | (8) Who takes material or digital scans for final |
23 | | impressions of the human tooth, teeth, or jaws or performs
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24 | | any phase of any operation incident to the replacement of |
25 | | a part of a tooth,
a tooth, teeth , or associated tissues by |
26 | | means of a filling, crown, a bridge,
a denture , or other |
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1 | | appliance; or
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2 | | (9) Who offers to furnish, supply, construct, |
3 | | reproduce , or repair, or
who furnishes, supplies, |
4 | | constructs, reproduces , or repairs, prosthetic
dentures, |
5 | | bridges , or other substitutes for natural teeth, to the |
6 | | user or
prospective user thereof; or
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7 | | (10) Who instructs students on clinical matters or |
8 | | performs any clinical
operation included in the curricula |
9 | | of recognized dental schools and colleges; or
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10 | | (11) Who takes material or digital scans for final |
11 | | impressions of human teeth or places his or her hands in |
12 | | the mouth of any person for the purpose of applying teeth |
13 | | whitening materials, or who takes impressions of human |
14 | | teeth or places his or her hands in the mouth of any person |
15 | | for the purpose of assisting in the application of teeth |
16 | | whitening materials. A person does not practice dentistry |
17 | | when he or she discloses to the consumer that he or she is |
18 | | not licensed as a dentist under this Act and (i) discusses |
19 | | the use of teeth whitening materials with a consumer |
20 | | purchasing these materials; (ii) provides instruction on |
21 | | the use of teeth whitening materials with a consumer |
22 | | purchasing these materials; or (iii) provides appropriate |
23 | | equipment on-site to the consumer for the consumer to |
24 | | self-apply teeth whitening materials. |
25 | | The fact that any person engages in or performs, or offers |
26 | | to engage in
or perform, any of the practices, acts, or |
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1 | | operations set forth in this
Section, shall be prima facie |
2 | | evidence that such person is engaged in the
practice of |
3 | | dentistry.
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4 | | The following practices, acts, and operations, however, |
5 | | are exempt from
the operation of this Act:
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6 | | (a) The rendering of dental relief in emergency cases |
7 | | in the practice
of his or her profession by a physician or |
8 | | surgeon, licensed as such
under the laws of this State, |
9 | | unless he or she undertakes to reproduce or reproduces
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10 | | lost parts of the human teeth in the mouth or to restore or |
11 | | replace lost
or missing teeth in the mouth; or
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12 | | (b) The practice of dentistry in the discharge of |
13 | | their official duties
by dentists in any branch of the |
14 | | Armed Services of the United States, the
United States |
15 | | Public Health Service, or the United States Veterans
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16 | | Administration; or
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17 | | (c) The practice of dentistry by students in their |
18 | | course of study
in dental schools or colleges approved by |
19 | | the Department, when acting under the
direction and |
20 | | supervision of dentists acting as instructors; or
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21 | | (d) The practice of dentistry by clinical instructors |
22 | | in the course of
their teaching duties in dental schools |
23 | | or colleges approved by the
Department:
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24 | | (i) when acting under the direction and |
25 | | supervision of dentists,
provided that such clinical |
26 | | instructors have instructed continuously in
this State |
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1 | | since January 1, 1986; or
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2 | | (ii) when holding the rank of full professor at |
3 | | such approved dental
school or college and possessing |
4 | | a current valid license or authorization
to practice |
5 | | dentistry in another country; or
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6 | | (e) The practice of dentistry by licensed dentists of |
7 | | other states or
countries at meetings of the Illinois |
8 | | State Dental Society or component
parts thereof, alumni |
9 | | meetings of dental colleges, or any other like dental
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10 | | organizations, while appearing as clinicians; or
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11 | | (f) The use of X-Ray machines for exposing X-Ray films |
12 | | of dental or oral
tissues by dental hygienists or dental |
13 | | assistants; or
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14 | | (g) The performance of any dental service by a dental |
15 | | assistant, if such
service is performed under the |
16 | | supervision and full responsibility of a
dentist. In |
17 | | addition, after being authorized by a dentist, a dental |
18 | | assistant may, for the purpose of eliminating pain or |
19 | | discomfort, remove loose, broken, or irritating |
20 | | orthodontic appliances on a patient of record.
|
21 | | For purposes of this paragraph (g), "dental service" |
22 | | is defined to mean
any intraoral procedure or act which |
23 | | shall be prescribed by rule or
regulation of the |
24 | | Department. " Dental service " , however, shall not include:
|
25 | | (1) Any and all diagnosis of or prescription for |
26 | | treatment of disease,
pain, deformity, deficiency, |
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1 | | injury , or physical condition of the human teeth
or |
2 | | jaws, or adjacent structures.
|
3 | | (2) Removal of, or restoration of, or addition
to |
4 | | the hard or soft tissues of the oral cavity, except for |
5 | | the placing, carving, and finishing of amalgam |
6 | | restorations and placing, packing, and finishing |
7 | | composite restorations by dental assistants who have |
8 | | had additional formal education and certification. |
9 | | A dental assistant may place, carve, and finish |
10 | | amalgam restorations, place, pack, and finish |
11 | | composite restorations, and place interim restorations |
12 | | if he or she (A) has successfully completed a |
13 | | structured training program as described in item (2) |
14 | | of subsection (g) provided by an educational |
15 | | institution accredited by the Commission on Dental |
16 | | Accreditation, such as a dental school or dental |
17 | | hygiene or dental assistant program, or (B) has at |
18 | | least 4,000 hours of direct clinical patient care |
19 | | experience and has successfully completed a structured |
20 | | training program as described in item (2) of |
21 | | subsection (g) provided by a statewide dental |
22 | | association, approved by the Department to provide |
23 | | continuing education, that has developed and conducted |
24 | | training programs for expanded functions for dental |
25 | | assistants or hygienists. The training program must: |
26 | | (i) include a minimum of 16 hours of didactic study and |
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1 | | 14 hours of clinical manikin instruction; all training |
2 | | programs shall include areas of study in nomenclature, |
3 | | caries classifications, oral anatomy, periodontium, |
4 | | basic occlusion, instrumentations, pulp protection |
5 | | liners and bases, dental materials, matrix and wedge |
6 | | techniques, amalgam placement and carving, rubber dam |
7 | | clamp placement, and rubber dam placement and removal; |
8 | | (ii) include an outcome assessment examination that |
9 | | demonstrates competency; (iii) require the supervising |
10 | | dentist to observe and approve the completion of 8 |
11 | | amalgam or composite restorations; and (iv) issue a |
12 | | certificate of completion of the training program, |
13 | | which must be kept on file at the dental office and be |
14 | | made available to the Department upon request. A |
15 | | dental assistant must have successfully completed an |
16 | | approved coronal polishing and dental sealant course |
17 | | prior to taking the amalgam and composite restoration |
18 | | course. |
19 | | A dentist utilizing dental assistants shall not |
20 | | supervise more than 4 dental assistants at any one |
21 | | time for placing, carving, and finishing of amalgam |
22 | | restorations or for placing, packing, and finishing |
23 | | composite restorations.
|
24 | | (3) Any and all correction of malformation of |
25 | | teeth or of the jaws.
|
26 | | (4) Administration of anesthetics, except for |
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1 | | monitoring of
nitrous oxide, conscious sedation, deep |
2 | | sedation, and general anesthetic as provided in |
3 | | Section 8.1 of this Act, that may be performed only |
4 | | after successful completion of a training
program |
5 | | approved by the Department. A dentist utilizing dental |
6 | | assistants shall not supervise more than 4 dental |
7 | | assistants at any one time for the monitoring of |
8 | | nitrous oxide.
|
9 | | (5) Removal of calculus from human teeth.
|
10 | | (6) Taking of material or digital scans for final |
11 | | impressions for the fabrication of prosthetic
|
12 | | appliances,
crowns,
bridges, inlays, onlays, or other |
13 | | restorative or replacement
dentistry.
|
14 | | (7) The operative procedure of dental hygiene |
15 | | consisting of oral
prophylactic procedures, except for |
16 | | coronal polishing and pit and fissure sealants,
which |
17 | | may be
performed by a
dental assistant who has |
18 | | successfully completed a training program approved by
|
19 | | the Department. Dental assistants may perform coronal |
20 | | polishing under the
following circumstances: (i) the |
21 | | coronal polishing shall be limited to
polishing the
|
22 | | clinical crown of the tooth and existing restorations, |
23 | | supragingivally; (ii)
the
dental assistant performing |
24 | | the coronal polishing shall be limited to the use
of
|
25 | | rotary instruments using a rubber cup or brush |
26 | | polishing method (air polishing
is
not permitted); and |
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1 | | (iii) the supervising dentist shall not supervise more
|
2 | | than 4
dental assistants at any one time for the task |
3 | | of coronal polishing or pit and fissure sealants.
|
4 | | In addition to coronal polishing and pit and |
5 | | fissure sealants as described in this item (7), a |
6 | | dental assistant who has at least 2,000 hours of |
7 | | direct clinical patient care experience and who has |
8 | | successfully completed a structured training program |
9 | | provided by (1) an educational institution including, |
10 | | but not limited to, a dental school or dental hygiene |
11 | | or dental assistant program, or (2) a continuing |
12 | | education provider approved by the Department, or (3) |
13 | | a statewide dental or dental hygienist association , |
14 | | approved by the Department on or before January 1, |
15 | | 2017 (the effective date of Public Act 99-680), that |
16 | | has developed and conducted a training program for |
17 | | expanded functions for dental assistants or hygienists |
18 | | may perform: (A) coronal scaling above the gum line, |
19 | | supragingivally, on the clinical crown of the tooth |
20 | | only on patients 17 years of age or younger who have an |
21 | | absence of periodontal disease and who are not |
22 | | medically compromised or individuals with special |
23 | | needs and (B) intracoronal temporization of a tooth. |
24 | | The training program must: (I) include a minimum of 32 |
25 | | hours of instruction in both didactic and clinical |
26 | | manikin or human subject instruction; all training |
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1 | | programs shall include areas of study in dental |
2 | | anatomy, public health dentistry, medical history, |
3 | | dental emergencies, and managing the pediatric |
4 | | patient; (II) include an outcome assessment |
5 | | examination that demonstrates competency; (III) |
6 | | require the supervising dentist to observe and approve |
7 | | the completion of 6 full mouth supragingival scaling |
8 | | procedures unless the training was received as part of |
9 | | a Commission on Dental Accreditation approved dental |
10 | | assistant program; and (IV) issue a certificate of |
11 | | completion of the training program, which must be kept |
12 | | on file at the dental office and be made available to |
13 | | the Department upon request. A dental assistant must |
14 | | have successfully completed an approved coronal |
15 | | polishing course prior to taking the coronal scaling |
16 | | course. A dental assistant performing these functions |
17 | | shall be limited to the use of hand instruments only. |
18 | | In addition, coronal scaling as described in this |
19 | | paragraph shall only be utilized on patients who are |
20 | | eligible for Medicaid, who are uninsured, or whose |
21 | | household income is not greater than 300% of the |
22 | | federal poverty level. A dentist may not supervise |
23 | | more than 2 dental assistants at any one time for the |
24 | | task of coronal scaling. This paragraph is inoperative |
25 | | on and after January 1, 2026. |
26 | | The limitations on the number of dental assistants a |
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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 | | or |
6 | | (h) The practice of dentistry by an individual who:
|
7 | | (i) has applied in writing to the Department, in |
8 | | form and substance
satisfactory to the Department, for |
9 | | a general dental license and has
complied with all |
10 | | provisions of Section 9 of this Act, except for the
|
11 | | passage of the examination specified in subsection (e) |
12 | | of Section 9 of this
Act; or
|
13 | | (ii) has applied in writing to the Department, in |
14 | | form and substance
satisfactory to the Department, for |
15 | | a temporary dental license and has
complied with all |
16 | | provisions of subsection (c) of Section 11 of this |
17 | | Act; and
|
18 | | (iii) has been accepted or appointed for specialty |
19 | | or residency training
by a hospital situated in this |
20 | | State; or
|
21 | | (iv) has been accepted or appointed for specialty |
22 | | training in an
approved dental program situated in |
23 | | this State; or
|
24 | | (v) has been accepted or appointed for specialty |
25 | | training in a dental
public health agency situated in |
26 | | this State.
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1 | | The applicant shall be permitted to practice dentistry |
2 | | for a period of 3
months from the starting date of the |
3 | | program, unless authorized in writing
by the Department to |
4 | | continue such practice for a period specified in
writing |
5 | | by the Department.
|
6 | | The applicant shall only be entitled to perform such |
7 | | acts as may be
prescribed by and incidental to his or her |
8 | | program of residency or specialty
training and shall not |
9 | | otherwise engage in the practice of dentistry in this
|
10 | | State.
|
11 | | The authority to practice shall terminate immediately |
12 | | upon:
|
13 | | (1) the decision of the Department that the |
14 | | applicant has failed the
examination; or
|
15 | | (2) denial of licensure by the Department; or
|
16 | | (3) withdrawal of the application.
|
17 | | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; |
18 | | 102-936, eff. 1-1-23 .)
|
19 | | (225 ILCS 25/19) (from Ch. 111, par. 2319)
|
20 | | (Section scheduled to be repealed on January 1, 2026)
|
21 | | Sec. 19. Licensing applicants from other states. Any |
22 | | person who has
been lawfully licensed to practice dentistry, |
23 | | including the practice of a licensed dental specialty, or |
24 | | dental hygiene in
another state or territory
or as a member of |
25 | | the military service which has and maintains a standard for |
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1 | | the practice of dentistry, a dental specialty, or dental
|
2 | | hygiene at least equal to that now maintained in this State, or |
3 | | if the
requirements for licensure in such state or territory |
4 | | in which the
applicant was licensed were, at the date of his or |
5 | | her licensure, substantially
equivalent to the requirements |
6 | | then in force in this State, and who has
been lawfully engaged |
7 | | in
the practice of dentistry or dental hygiene for at least 2 3 |
8 | | of the 5 years
immediately preceding the filing of his or her |
9 | | application
to practice in this State
and who shall deposit |
10 | | with the Department a duly attested certificate from
the Board |
11 | | of the state or territory in which he or she is licensed,
|
12 | | certifying to the fact of his or her licensing and of his or |
13 | | her being a
person of good moral character may, upon payment of |
14 | | the required fee, be
granted a license to practice dentistry, |
15 | | a dental specialty, or dental hygiene in this State, as the |
16 | | case may be.
|
17 | | For the purposes of this Section, "substantially |
18 | | equivalent" means that the applicant has presented evidence of |
19 | | completion and graduation from an American Dental Association |
20 | | accredited dental college or school in the United States or |
21 | | Canada, presented evidence that the applicant has passed both |
22 | | parts of the National Board Dental Examination, and |
23 | | successfully completed an examination conducted by a regional |
24 | | testing service. In computing 3 of the immediately
preceding 5 |
25 | | years of
practice in another state or territory, any person |
26 | | who left the practice
of dentistry to enter the military |
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1 | | service and who practiced dentistry
while in the military |
2 | | service may count as a part of such period the
time spent by |
3 | | him or her in such service.
|
4 | | Applicants have 2 3 years from the date of application to |
5 | | complete the
application process. If the process has not been |
6 | | completed in 2 3 years,
the application shall be denied, the |
7 | | fee forfeited and the
applicant must reapply and meet the |
8 | | requirements in effect at the time of
reapplication.
|
9 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12 .)
|
10 | | (225 ILCS 25/50) (from Ch. 111, par. 2350)
|
11 | | (Section scheduled to be repealed on January 1, 2026)
|
12 | | Sec. 50. Patient records. Every dentist shall make
a |
13 | | record of all dental work performed for each patient. The |
14 | | record shall
be made in a manner and in sufficient detail that |
15 | | it may be used for
identification purposes. Dental records are |
16 | | the property of the office in which dentistry is practiced.
|
17 | | Dental records required by this Section shall be |
18 | | maintained for 10 years.
Dental records required to be |
19 | | maintained under this Section, or copies
of those dental |
20 | | records, shall be made available upon request to the
patient |
21 | | or the patient's guardian. A dentist shall be entitled to |
22 | | reasonable reimbursement for the cost of reproducing these |
23 | | records, which shall not exceed the cost allowed under Section |
24 | | 8-2001 of the Code of Civil Procedure. A dentist providing |
25 | | services through a mobile dental van or portable dental unit |
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1 | | shall provide to the patient or the patient's parent or |
2 | | guardian, in writing, the dentist's name, license number, |
3 | | address, and information on how the patient or the patient's |
4 | | parent or guardian may obtain the patient's dental records, as |
5 | | provided by law.
|
6 | | (Source: P.A. 99-492, eff. 12-31-15.)
|
7 | | (225 ILCS 25/50.1 new) |
8 | | Sec. 50.1. Closing a dental office. A dental office that |
9 | | is closing and will not continue to offer dentistry services |
10 | | must provide notice to the public at least 30 days prior to the |
11 | | closure. The notice to the public shall include an explanation |
12 | | of how copies of the patient's records may be accessed or |
13 | | obtained by the patient. The notice may be given by a |
14 | | publication in a newspaper of general circulation in the area |
15 | | in which the dental office is located.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 225 ILCS 25/4 | from Ch. 111, par. 2304 | | 4 | | 225 ILCS 25/11 | from Ch. 111, par. 2311 | | 5 | | 225 ILCS 25/11.5 new | | | 6 | | 225 ILCS 25/17 | from Ch. 111, par. 2317 | | 7 | | 225 ILCS 25/19 | from Ch. 111, par. 2319 | | 8 | | 225 ILCS 25/50 | from Ch. 111, par. 2350 | | 9 | | 225 ILCS 25/50.1 new | |
|
|