SB2586 EngrossedLRB103 32717 SPS 62470 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 18.1, and 23 and by adding Section 17.2 as
6follows:
 
7    (225 ILCS 25/4)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general
23license pursuant to paragraph (a) of Section 11 of this Act and

 

 

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1who may perform any intraoral and extraoral procedure required
2in the practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm, or corporation
14which:
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
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure

 

 

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1is performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with
8Section 18 prior to treatment by the dental hygienist, and
9that the dentist authorize the procedures which are being
10carried out by a notation in the patient's record, but not
11requiring that a dentist be present when the authorized
12procedures are being performed. The issuance of a prescription
13to a dental laboratory by a dentist does not constitute
14general supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person
17with a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning, and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

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1periodontics, prosthodontics, oral and maxillofacial
2radiology, and dental anesthesiology.
3    "Specialist" means a dentist who has received a specialty
4license pursuant to Section 11(b).
5    "Dental technician" means a person who owns, operates, or
6is employed by a dental laboratory and engages in making,
7providing, repairing, or altering dental prosthetic appliances
8and other artificial materials and devices which are returned
9to a dentist for insertion into the human oral cavity or which
10come in contact with its adjacent structures and tissues.
11    "Informed consent" means legally valid consent that is
12given by a patient or legal guardian, that is recorded in
13writing or digitally, that authorizes intervention or
14treatment services from the treating dentist, and that
15documents agreement to participate in those services and
16knowledge of the risks, benefits, and alternatives, including
17the decision to withdraw from or decline treatment.
18    "Impaired dentist" or "impaired dental hygienist" means a
19dentist or dental hygienist who is unable to practice with
20reasonable skill and safety because of a physical or mental
21disability as evidenced by a written determination or written
22consent based on clinical evidence, including deterioration
23through the aging process, loss of motor skills, abuse of
24drugs or alcohol, or a psychiatric disorder, of sufficient
25degree to diminish the person's ability to deliver competent
26patient care.

 

 

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1    "Nurse" means a registered professional nurse, a certified
2registered nurse anesthetist licensed as an advanced practice
3registered nurse, or a licensed practical nurse licensed under
4the Nurse Practice Act.
5    "Patient of record", except as provided in Section 17.2,
6means a patient for whom the patient's most recent dentist has
7obtained a relevant medical and dental history and on whom the
8dentist has performed a physical an examination within the
9last year and evaluated the condition to be treated, including
10a review of the patient's most recent x-rays.
11    "Dental responder" means a dentist or dental hygienist who
12is appropriately certified in disaster preparedness,
13immunizations, and dental humanitarian medical response
14consistent with the Society of Disaster Medicine and Public
15Health and training certified by the National Incident
16Management System or the National Disaster Life Support
17Foundation.
18    "Mobile dental van or portable dental unit" means any
19self-contained or portable dental unit in which dentistry is
20practiced that can be moved, towed, or transported from one
21location to another in order to establish a location where
22dental services can be provided.
23    "Public health dental hygienist" means a hygienist who
24holds a valid license to practice in the State, has 2 years of
25full-time clinical experience or an equivalent of 4,000 hours
26of clinical experience, and has completed at least 42 clock

 

 

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1hours of additional structured courses in dental education in
2advanced areas specific to public health dentistry.
3    "Public health setting" means a federally qualified health
4center; a federal, State, or local public health facility;
5Head Start; a special supplemental nutrition program for
6Women, Infants, and Children (WIC) facility; a certified
7school-based health center or school-based oral health
8program; a prison; or a long-term care facility.
9    "Public health supervision" means the supervision of a
10public health dental hygienist by a licensed dentist who has a
11written public health supervision agreement with that public
12health dental hygienist while working in an approved facility
13or program that allows the public health dental hygienist to
14treat patients, without a dentist first examining the patient
15and being present in the facility during treatment, (1) who
16are eligible for Medicaid or (2) who are uninsured or whose
17household income is not greater than 300% of the federal
18poverty level.
19    "Teledentistry" means the use of telehealth systems and
20methodologies in dentistry and includes patient diagnosis,
21treatment planning, care, and education delivery for a patient
22of record using synchronous and asynchronous communications
23under an Illinois licensed a dentist's authority as provided
24under this Act.
25(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
26102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.

 

 

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11-1-24; revised 12-15-23.)
 
2    (225 ILCS 25/17.2 new)
3    Sec. 17.2. Teledentistry.
4    (a) As used in this Section, "patient of record" means a
5patient for whom the patient's most recent Illinois-licensed
6dentist has obtained a relevant medical and dental history and
7on whom the dentist has (i) performed a physical examination
8within the last year or (ii) obtained records from an
9in-person examination within the previous 12 months which
10evaluated the condition to be treated, including a review of
11the patient's most recent x-rays.
12    (b) A dentist may only practice or utilize teledentistry
13on a patient of record. A dentist practicing dentistry through
14teledentistry is subject to the same standard of care and
15practice standards that are applicable to dental services
16provided in a clinic or office setting. A dentist may provide
17and delegate dental services using teledentistry only under
18the supervision requirements as specified in this Act for
19in-person care. Prior to providing teledentistry services to a
20patient, a dentist must obtain informed consent from the
21patient as to the treatment proposed to be offered through
22teledentistry by the dentist. A dentist providing
23teledentistry under this Section shall provide the patient
24with the his or her name, direct telephone number, and
25physical practice address. It is a violation of this Act for a

 

 

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1provider of dental services rendering care through
2teledentistry to require a patient to sign an agreement that
3limits in any way the patient's ability to write a review of
4services received or file a complaint with the Department or
5other regulatory agency. A dentist may treat a patient through
6teledentistry in the absence of a provider-patient
7relationship when, in the professional judgment of the
8dentist, dental or medical emergency care is required. The
9Department shall adopt rules to provide for the use of
10teledentistry in the State of Illinois.
 
11    (225 ILCS 25/18.1)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 18.1. Public health dental supervision
14responsibilities.
15    (a) When working together in a public health supervision
16relationship, dentists and public health dental hygienists
17shall enter into a public health supervision agreement. The
18dentist providing public health supervision must:
19        (1) be available to provide an appropriate level of
20    contact, communication, collaboration, and consultation
21    with the public health dental hygienist and must meet
22    in-person with the public health dental hygienist at least
23    quarterly for review and consultation;
24        (2) have specific standing orders or policy guidelines
25    for procedures that are to be carried out for each

 

 

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1    location or program, although the dentist need not be
2    present when the procedures are being performed;
3        (3) provide for the patient's additional necessary
4    care in consultation with the public health dental
5    hygienist;
6        (4) file agreements and notifications as required; and
7        (5) include procedures for creating and maintaining
8    dental records, including protocols for transmission of
9    all records between the public health dental hygienist and
10    the dentist following each treatment, which shall include
11    a notation regarding procedures authorized by the dentist
12    and performed by the public health dental hygienist and
13    the location where those records are to be kept.
14    Each dentist and hygienist who enters into a public health
15supervision agreement must document and maintain a copy of any
16change or termination of that agreement.
17    Dental records shall be owned and maintained by the
18supervising dentist for all patients treated under public
19health supervision, unless the supervising dentist is an
20employee of a public health clinic or federally qualified
21health center, in which case the public health clinic or
22federally qualified health center shall maintain the records.
23    If a dentist ceases to be employed or contracted by the
24facility, the dentist shall notify the facility administrator
25that the public health supervision agreement is no longer in
26effect. A new public health supervision agreement is required

 

 

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1for the public health dental hygienist to continue treating
2patients under public health supervision.
3    A dentist entering into an agreement under this Section
4may supervise and enter into agreements for public health
5supervision with 4 public health dental hygienists. This shall
6be in addition to the limit of 4 dental hygienists per dentist
7set forth in subsection (g) of Section 18 of this Act.
8    (b) A public health dental hygienist providing services
9under public health supervision may perform only those duties
10within the accepted scope of practice of dental hygiene, as
11follows:
12        (1) the operative procedures of dental hygiene,
13    consisting of oral prophylactic procedures, including
14    prophylactic cleanings, application of fluoride, and
15    placement of sealants;
16        (2) the exposure and processing of x-ray films of the
17    teeth and surrounding structures; and
18        (3) such other procedures and acts as shall be
19    prescribed by rule of the Department.
20    Any patient treated under this subsection (b) must be
21examined by a dentist before additional services can be
22provided by a public health dental hygienist. However, if the
23supervising dentist, after consultation with the public health
24hygienist, determines that time is needed to complete an
25approved treatment plan on a patient eligible under this
26Section, then the dentist may instruct the hygienist to

 

 

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1complete the remaining services prior to an oral examination
2by the dentist. Such instruction by the dentist to the
3hygienist shall be noted in the patient's records. Any
4services performed under this exception must be scheduled in a
5timely manner and shall not occur more than 30 days after the
6first appointment date.
7    (c) A public health dental hygienist providing services
8under public health supervision must:
9        (1) provide to the patient, parent, or guardian a
10    written plan for referral or an agreement for follow-up
11    that records all conditions observed that should be called
12    to the attention of a dentist for proper diagnosis;
13        (2) have each patient sign a permission slip or
14    consent form that informs them that the service to be
15    received does not take the place of regular dental
16    checkups at a dental office and is meant for people who
17    otherwise would not have access to the service;
18        (3) inform each patient who may require further dental
19    services of that need;
20        (4) maintain an appropriate level of contact and
21    communication with the dentist providing public health
22    supervision; and
23        (5) complete an additional 4 hours of continuing
24    education in areas specific to public health dentistry
25    yearly.
26    (d) Each public health dental hygienist who has rendered

 

 

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1services under subsections (c), (d), and (e) of this Section
2must complete a summary report at the completion of a program
3or, in the case of an ongoing program, at least annually. The
4report must be completed in the manner specified by the
5Department of Public Health Oral Health Section including
6information about each location where the public health dental
7hygienist has rendered these services. The public health
8dental hygienist must submit the form to the dentist providing
9supervision for his or her signature before sending it to the
10Division. The Department of Public Health Oral Health Section
11shall compile and publicize public health dental hygienist
12service data annually.
13    (e) Public health dental hygienists providing services
14under public health supervision may be compensated for their
15work by salary, honoraria, and other mechanisms by the
16employing or sponsoring entity. Nothing in this Act shall
17preclude the entity that employs or sponsors a public health
18dental hygienist from seeking payment, reimbursement, or other
19source of funding for the services provided.
20    (e-5) A patient who is provided services under a
21supervision agreement by a public health dental hygienist as
22described in this Section does not need to receive a physical
23examination from a dentist prior to treatment if the public
24health dental hygienist consults with the supervising dentist
25prior to performing the teledentistry service.
26    (f) This Section is repealed on January 1, 2026.

 

 

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1(Source: P.A. 103-431, eff. 1-1-24.)
 
2    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 23. Refusal, revocation or suspension of dental
5licenses. The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand or take other
7disciplinary or non-disciplinary action as the Department may
8deem proper, including imposing fines not to exceed $10,000
9per violation, with regard to any license for any one or any
10combination of the following causes:
11        1. Fraud or misrepresentation in applying for or
12    procuring a license under this Act, or in connection with
13    applying for renewal of a license under this Act.
14        2. Inability to practice with reasonable judgment,
15    skill, or safety as a result of habitual or excessive use
16    or addiction to alcohol, narcotics, stimulants, or any
17    other chemical agent or drug.
18        3. Willful or repeated violations of the rules of the
19    Department of Public Health or Department of Nuclear
20    Safety.
21        4. Acceptance of a fee for service as a witness,
22    without the knowledge of the court, in addition to the fee
23    allowed by the court.
24        5. Division of fees or agreeing to split or divide the
25    fees received for dental services with any person for

 

 

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1    bringing or referring a patient, except in regard to
2    referral services as provided for under Section 45, or
3    assisting in the care or treatment of a patient, without
4    the knowledge of the patient or his or her legal
5    representative. Nothing in this item 5 affects any bona
6    fide independent contractor or employment arrangements
7    among health care professionals, health facilities, health
8    care providers, or other entities, except as otherwise
9    prohibited by law. Any employment arrangements may include
10    provisions for compensation, health insurance, pension, or
11    other employment benefits for the provision of services
12    within the scope of the licensee's practice under this
13    Act. Nothing in this item 5 shall be construed to require
14    an employment arrangement to receive professional fees for
15    services rendered.
16        6. Employing, procuring, inducing, aiding or abetting
17    a person not licensed or registered as a dentist or dental
18    hygienist to engage in the practice of dentistry or dental
19    hygiene. The person practiced upon is not an accomplice,
20    employer, procurer, inducer, aider, or abetter within the
21    meaning of this Act.
22        7. Making any misrepresentations or false promises,
23    directly or indirectly, to influence, persuade or induce
24    dental patronage.
25        8. Professional connection or association with or
26    lending his or her name to another for the illegal

 

 

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1    practice of dentistry by another, or professional
2    connection or association with any person, firm or
3    corporation holding himself, herself, themselves, or
4    itself out in any manner contrary to this Act.
5        9. Obtaining or seeking to obtain practice, money, or
6    any other things of value by false or fraudulent
7    representations, but not limited to, engaging in such
8    fraudulent practice to defraud the medical assistance
9    program of the Department of Healthcare and Family
10    Services (formerly Department of Public Aid) under the
11    Illinois Public Aid Code.
12        10. Practicing under a false or, except as provided by
13    law, an assumed name.
14        11. Engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public.
17        12. Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing for any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States that (i)
23    is a felony under the laws of this State or (ii) is a
24    misdemeanor, an essential element of which is dishonesty,
25    or that is directly related to the practice of dentistry.
26        13. Permitting a dental hygienist, dental assistant or

 

 

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1    other person under his or her supervision to perform any
2    operation not authorized by this Act.
3        14. Permitting more than 4 dental hygienists to be
4    employed under his or her supervision at any one time.
5        15. A violation of any provision of this Act or any
6    rules promulgated under this Act.
7        16. Taking impressions for or using the services of
8    any person, firm or corporation violating this Act.
9        17. Violating any provision of Section 45 relating to
10    advertising.
11        18. Discipline by another U.S. jurisdiction or foreign
12    nation, if at least one of the grounds for the discipline
13    is the same or substantially equivalent to those set forth
14    within this Act.
15        19. Willfully failing to report an instance of
16    suspected child abuse or neglect as required by the Abused
17    and Neglected Child Reporting Act.
18        20. Gross negligence in practice under this Act.
19        21. The use or prescription for use of narcotics or
20    controlled substances or designated products as listed in
21    the Illinois Controlled Substances Act, in any way other
22    than for therapeutic purposes.
23        22. Willfully making or filing false records or
24    reports in his or her practice as a dentist, including,
25    but not limited to, false records to support claims
26    against the dental assistance program of the Department of

 

 

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1    Healthcare and Family Services (formerly Illinois
2    Department of Public Aid).
3        23. Professional incompetence as manifested by poor
4    standards of care.
5        24. Physical or mental illness, including, but not
6    limited to, deterioration through the aging process, or
7    loss of motor skills which results in a dentist's
8    inability to practice dentistry with reasonable judgment,
9    skill or safety. In enforcing this paragraph, the
10    Department may compel a person licensed to practice under
11    this Act to submit to a mental or physical examination
12    pursuant to the terms and conditions of Section 23b.
13        25. Gross or repeated irregularities in billing for
14    services rendered to a patient. For purposes of this
15    paragraph 25, "irregularities in billing" shall include:
16            (a) Reporting excessive charges for the purpose of
17        obtaining a total payment in excess of that usually
18        received by the dentist for the services rendered.
19            (b) Reporting charges for services not rendered.
20            (c) Incorrectly reporting services rendered for
21        the purpose of obtaining payment not earned.
22        26. Continuing the active practice of dentistry while
23    knowingly having any infectious, communicable, or
24    contagious disease proscribed by rule or regulation of the
25    Department.
26        27. Being named as a perpetrator in an indicated

 

 

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1    report by the Department of Children and Family Services
2    pursuant to the Abused and Neglected Child Reporting Act,
3    and upon proof by clear and convincing evidence that the
4    licensee has caused a child to be an abused child or
5    neglected child as defined in the Abused and Neglected
6    Child Reporting Act.
7        28. Violating the Health Care Worker Self-Referral
8    Act.
9        29. Abandonment of a patient.
10        30. Mental incompetency as declared by a court of
11    competent jurisdiction.
12        31. A finding by the Department that the licensee,
13    after having his or her license placed on probationary
14    status, has violated the terms of probation.
15        32. Material misstatement in furnishing information to
16    the Department.
17        33. Failing, within 60 days, to provide information in
18    response to a written request by the Department in the
19    course of an investigation.
20        34. Immoral conduct in the commission of any act,
21    including, but not limited to, commission of an act of
22    sexual misconduct related to the licensee's practice.
23        35. Cheating on or attempting to subvert the licensing
24    examination administered under this Act.
25        36. A pattern of practice or other behavior that
26    demonstrates incapacity or incompetence to practice under

 

 

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1    this Act.
2        37. Failure to establish and maintain records of
3    patient care and treatment as required under this Act.
4        38. Failure to provide copies of dental records as
5    required by law.
6        39. Failure of a licensed dentist who owns or is
7    employed at a dental office to give notice of an office
8    closure to his or her patients at least 30 days prior to
9    the office closure pursuant to Section 50.1.
10        40. Failure to maintain a sanitary work environment.
11        41. Failure to comply with the provisions of Section
12    17.2 of this Act.
13    All proceedings to suspend, revoke, place on probationary
14status, or take any other disciplinary action as the
15Department may deem proper, with regard to a license on any of
16the foregoing grounds, must be commenced within 5 years after
17receipt by the Department of a complaint alleging the
18commission of or notice of the conviction order for any of the
19acts described herein. Except for fraud in procuring a
20license, no action shall be commenced more than 7 years after
21the date of the incident or act alleged to have violated this
22Section. The time during which the holder of the license was
23outside the State of Illinois shall not be included within any
24period of time limiting the commencement of disciplinary
25action by the Department.
26    All fines imposed under this Section shall be paid within

 

 

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160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4    The Department may refuse to issue or may suspend the
5license of any person who fails to file a return, or to pay the
6tax, penalty or interest shown in a filed return, or to pay any
7final assessment of tax, penalty or interest, as required by
8any tax Act administered by the Illinois Department of
9Revenue, until such time as the requirements of any such tax
10Act are satisfied.
11    Any dentist who has had his or her license suspended or
12revoked for more than 5 years must comply with the
13requirements for restoration set forth in Section 16 prior to
14being eligible for reinstatement from the suspension or
15revocation.
16(Source: P.A. 103-425, eff. 1-1-24.)
 
17    Section 10. The Consumer Fraud and Deceptive Business
18Practices Act is amended by adding Section 2EEEE as follows:
 
19    (815 ILCS 505/2EEEE new)
20    Sec. 2EEEE. Violations concerning teledentistry under the
21Illinois Dental Practice Act. Any person who violates Section
2217.2 of the Illinois Dental Practice Act commits an unlawful
23practice within the meaning of this Act.
 
24    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.