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1 | AN ACT concerning professional 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, 6, and 18 as follows:
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6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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7 | (Section scheduled to be repealed on January 1, 2006)
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8 | Sec. 4. Definitions. As used in this Act:
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9 | (a) "Department" means the Illinois Department of | ||||||
10 | Professional Regulation.
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11 | (b) "Director" means the Director of Professional | ||||||
12 | Regulation.
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13 | (c) "Board" means the Board of Dentistry established by | ||||||
14 | Section 6 of this
Act.
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15 | (d) "Dentist" means a person who has received a general | ||||||
16 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
17 | who may perform any intraoral
and extraoral procedure required | ||||||
18 | in the practice of dentistry and to whom is
reserved the | ||||||
19 | responsibilities specified in Section 17.
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20 | (e) "Dental hygienist" means a person who holds a license | ||||||
21 | under this Act to
perform dental services as authorized by | ||||||
22 | Section 18.
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23 | (f) "Dental assistant" means an appropriately trained | ||||||
24 | person
who, under the supervision of a dentist, provides dental | ||||||
25 | services
as authorized by Section 17.
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26 | (g) "Dental laboratory" means a person, firm or corporation | ||||||
27 | which:
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28 | (i) engages in making, providing, repairing or | ||||||
29 | altering dental
prosthetic appliances and other artificial | ||||||
30 | materials and devices which are
returned to a dentist for | ||||||
31 | insertion into the human oral cavity or which
come in | ||||||
32 | contact with its adjacent structures and tissues; and
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1 | (ii) utilizes or employs a dental technician to provide | ||||||
2 | such services; and
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3 | (iii) performs such functions only for a dentist or | ||||||
4 | dentists.
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5 | (h) "Supervision" means supervision of a dental hygienist | ||||||
6 | or a dental
assistant requiring that a dentist authorize the | ||||||
7 | procedure, remain in the
dental facility while the procedure is | ||||||
8 | performed, and approve the work
performed by the dental | ||||||
9 | hygienist or dental assistant before dismissal of
the patient, | ||||||
10 | but does not mean that the dentist must be present at all
times | ||||||
11 | in the treatment room.
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12 | (i) "General supervision" means supervision of a dental | ||||||
13 | hygienist
requiring that the patient be a patient of record,
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14 | that the dentist
examine the patient in accordance with Section | ||||||
15 | 18 prior to treatment by the
dental hygienist, and that the
a
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16 | dentist authorize the procedures which
are being carried
out by | ||||||
17 | a notation in the patient's record , but not requiring that a | ||||||
18 | dentist
be present when the authorized
procedures are being | ||||||
19 | performed. The authorized procedures may also be
performed at a | ||||||
20 | place other than the dentist's usual place of practice. The
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21 | issuance of a prescription to a dental laboratory by a
dentist | ||||||
22 | does not constitute general supervision.
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23 | (j) "Public member" means a person who is not a health | ||||||
24 | professional.
For purposes of board membership, any person with | ||||||
25 | a significant financial
interest in a health service or | ||||||
26 | profession is not a public member.
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27 | (k) "Dentistry" means the healing art which is concerned | ||||||
28 | with the
examination, diagnosis, treatment planning and care of | ||||||
29 | conditions within
the human oral cavity and its adjacent | ||||||
30 | tissues and structures, as further
specified in Section 17.
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31 | (l) "Branches of dentistry" means the various specialties | ||||||
32 | of dentistry
which, for purposes of this Act, shall be limited | ||||||
33 | to the following:
endodontics, oral and maxillofacial surgery, | ||||||
34 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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35 | periodontics, prosthodontics, and oral and maxillofacial
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36 | radiology.
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1 | (m) "Specialist" means a dentist who has received a | ||||||
2 | specialty license
pursuant to Section 11(b).
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3 | (n) "Dental technician" means a person who owns, operates | ||||||
4 | or is
employed by a dental laboratory and engages in making, | ||||||
5 | providing, repairing
or altering dental prosthetic appliances | ||||||
6 | and other artificial materials and
devices which are returned | ||||||
7 | to a dentist for insertion into the human oral
cavity or which | ||||||
8 | come in contact with its adjacent structures and tissues.
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9 | (o) "Impaired dentist" or "impaired dental hygienist" | ||||||
10 | means a dentist
or dental hygienist who is unable to practice | ||||||
11 | with
reasonable skill and safety because of a physical or | ||||||
12 | mental disability as
evidenced by a written determination or | ||||||
13 | written consent based on clinical
evidence, including | ||||||
14 | deterioration through the aging process, loss of motor
skills, | ||||||
15 | abuse of drugs or alcohol, or a psychiatric disorder, of | ||||||
16 | sufficient
degree to diminish the person's ability to deliver | ||||||
17 | competent patient care.
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18 | (p) "Nurse" means a registered professional nurse, a | ||||||
19 | certified registered
nurse anesthetist licensed as an advanced | ||||||
20 | practice
nurse, or a licensed practical nurse licensed under | ||||||
21 | the Nursing and
Advanced Practice Nursing Act.
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22 | (q) "Patient of record" means a patient for whom the | ||||||
23 | patient's most recent
dentist has obtained
a
relevant medical | ||||||
24 | and dental history and on whom the dentist has performed an
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25 | examination and evaluated the condition to be treated.
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26 | (Source: P.A. 91-138, eff. 1-1-00; 91-689, eff. 1-1-01; 92-280, | ||||||
27 | eff. 1-1-02;
92-651, eff. 7-11-02.)
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28 | (225 ILCS 25/6)
(from Ch. 111, par. 2306)
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29 | (Section scheduled to be repealed on January 1, 2006)
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30 | Sec. 6. Board of Dentistry - Report By Majority Required. | ||||||
31 | There
is created a Board of Dentistry, to be composed of | ||||||
32 | persons designated from
time to time by the Director, as | ||||||
33 | follows:
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34 | Eleven persons, 8 of whom have been dentists for a period | ||||||
35 | of 5
years or
more; 2 of whom have been dental hygienists
for a |
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1 | period of 5 years or more, and one public member.
None of the | ||||||
2 | members shall be an officer, dean, assistant dean, or associate
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3 | dean of a
dental college or dental department of an institute | ||||||
4 | of learning, nor shall any
member be
the program director of | ||||||
5 | any dental hygiene program. A board member who holds a
faculty | ||||||
6 | position in a dental school or dental hygiene program shall not
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7 | participate in the
examination of applicants for licenses from | ||||||
8 | that school or program.
None of the
members shall be employed | ||||||
9 | by or be an officer of any dental college, or
dental or dental | ||||||
10 | hygiene department of any institution of learning. The
dental
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11 | hygienists shall not participate in the examination of
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12 | applicants for licenses
to practice dentistry. The public | ||||||
13 | member shall not participate in the
examination of applicants | ||||||
14 | for licenses to
practice dentistry or dental
hygiene. The board | ||||||
15 | shall annually elect a chairman who shall be a dentist.
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16 | Terms for all members shall be for 4 years. Partial terms | ||||||
17 | over 2 years
in length shall be considered as full terms. A | ||||||
18 | member may be reappointed
for a successive term, but no member | ||||||
19 | shall serve more than 2 full terms in
his or her lifetime.
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20 | The membership of the Board shall include only residents | ||||||
21 | from various
geographic areas of this State and shall include | ||||||
22 | at least some graduates
from various institutions of dental | ||||||
23 | education in this State.
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24 | In making appointments to the Board the Director shall give | ||||||
25 | due
consideration to recommendations by organizations of the | ||||||
26 | dental profession
in Illinois, including the Illinois State | ||||||
27 | Dental Society and Illinois
Dental Hygienists Association, and | ||||||
28 | shall promptly give due notice to
such organizations of any | ||||||
29 | vacancy in the membership of the Board.
The Director may | ||||||
30 | terminate the appointment of any member for cause which in
the | ||||||
31 | opinion of the Director reasonably justifies such termination.
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32 | A vacancy in the membership of the Board
shall not impair | ||||||
33 | the right of a quorum to exercise all the rights
and perform | ||||||
34 | all the duties of the Board.
Any action to be taken by the | ||||||
35 | Board under this Act may be authorized
by resolution at any | ||||||
36 | regular or special meeting, and each such resolution
shall take |
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1 | effect immediately. The Board shall meet at least quarterly.
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2 | The Board may adopt all rules and regulations necessary and | ||||||
3 | incident
to its powers and duties under this Act.
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4 | The members of the Board shall each receive as compensation | ||||||
5 | a reasonable
sum as determined by the Director for each day | ||||||
6 | actually engaged in the
duties of the office, and all | ||||||
7 | legitimate and necessary expense incurred in
attending the | ||||||
8 | meetings of the Board.
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9 | Members of the Board shall be immune from suit in any | ||||||
10 | action based
upon any disciplinary proceedings or other | ||||||
11 | activities performed in good
faith as members of the Board.
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12 | (Source: P.A. 91-594, eff. 1-1-00.)
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13 | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
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14 | (Section scheduled to be repealed on January 1, 2006)
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15 | Sec. 18. Acts constituting the practice of dental hygiene ; .
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16 | limitations.
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17 | (a) A person practices dental hygiene within the meaning of | ||||||
18 | this Act when
he or she performs the following acts under the | ||||||
19 | supervision of a dentist:
A dental hygienist
may be employed or | ||||||
20 | engaged only:
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21 | (a) Under the supervision of a dentist:
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22 | (1) In the office of a dentist;
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23 | (2) By a federal, State, county or municipal agency | ||||||
24 | or institution;
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25 | (3) By a public or private school; or
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26 | (4) By a public clinic operating under the | ||||||
27 | direction of a hospital or
federal, State, county, | ||||||
28 | municipal or other public agency or
institution.
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29 | When employed or engaged pursuant to this paragraph (a) a | ||||||
30 | dental
hygienist may perform the following procedures and acts:
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31 | (i) the operative procedure of dental hygiene, | ||||||
32 | consisting of oral
prophylactic procedures;
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33 | (ii) the exposure and processing of X-Ray films of | ||||||
34 | the teeth and
surrounding structures;
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35 | (iii) the application to the surfaces of the teeth |
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1 | or gums of chemical
compounds designed to be | ||||||
2 | desensitizing agents or effective agents in the
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3 | prevention of dental caries or periodontal disease;
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4 | (iv) all services which may be performed by a
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5 | dental assistant as specified by rule pursuant to | ||||||
6 | Section 17;
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7 | (v) administration and monitoring of nitrous oxide | ||||||
8 | upon successful
completion of a
training program | ||||||
9 | approved by the Department;
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10 | (vi) administration of local anesthetics upon | ||||||
11 | successful completion of
a
training program approved | ||||||
12 | by the Department; and
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13 | (vii) such other procedures and acts as shall be | ||||||
14 | prescribed
by
rule or regulation of the Department.
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15 | (b) A dental hygienist may be employed or engaged only:
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16 | (1) by a dentist;
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17 | (2) by a federal, State, county, or municipal agency or | ||||||
18 | institution;
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19 | (3) by a public or private school; or
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20 | (4) by a public clinic operating under the direction of | ||||||
21 | a hospital or
federal,
State, county, municipal, or other | ||||||
22 | public agency or institution.
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23 | (c) When employed or engaged in the office of a dentist, a | ||||||
24 | dental hygienist
may
perform, under general supervision, those | ||||||
25 | procedures found in items (i) through
(iv) of
subsection (a) of | ||||||
26 | this Section, provided the patient has been examined by the
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27 | dentist
within one year of the provision of dental hygiene | ||||||
28 | services, the dentist has
approved the
dental hygiene services | ||||||
29 | by a notation in the patient's record and the patient
has been
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30 | notified that the dentist may be out of the office during the | ||||||
31 | provision of
dental hygiene
services.
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32 | (d) If a patient of record is unable to travel to a dental | ||||||
33 | office because of
illness,
infirmity, or
imprisonment, a dental | ||||||
34 | hygienist may perform, under the general supervision of
a | ||||||
35 | dentist,
those procedures found in items (i) through (iv) of | ||||||
36 | subsection (a) of this
Section,
provided the patient is located |
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1 | in a long-term care facility licensed by the
State of Illinois,
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2 | a mental health or developmental disability facility, or a | ||||||
3 | State or federal
prison.
(b) Under the general supervision of a | ||||||
4 | dentist in a long-term care
facility
licensed by the State of | ||||||
5 | Illinois, or a mental health or developmental
disability | ||||||
6 | facility operated by the Department of Human Services, if the
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7 | patient is unable
to travel to a dental office because of | ||||||
8 | illness or infirmity. The dentist
shall personally examine and | ||||||
9 | diagnose the patient and determine which
services are necessary | ||||||
10 | to be performed, which shall be contained in an
a
written order | ||||||
11 | to the hygienist and a notation in the patient's record .
Such | ||||||
12 | order must be implemented within 120 days
of its issuance, and | ||||||
13 | an updated medical history and observation of oral
conditions
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14 | oral inspection
must be performed by the hygienist immediately | ||||||
15 | prior to beginning the
procedures to ensure that the patient's | ||||||
16 | health has not changed in any
manner to warrant a reexamination | ||||||
17 | by the dentist.
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18 | (e) School-based oral health care,
consisting of and | ||||||
19 | limited to oral prophylactic
procedures, sealants, and | ||||||
20 | fluoride treatments,
may be provided by a dental hygienist
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21 | under the general supervision of a dentist. A dental hygienist | ||||||
22 | may not provide
other dental hygiene treatment in a | ||||||
23 | school-based setting, including but not
limited to | ||||||
24 | administration or monitoring of nitrous oxide or | ||||||
25 | administration of
local anesthetics. The school-based | ||||||
26 | procedures may be performed provided the
patient is located at | ||||||
27 | a public or private school and the program is being
conducted | ||||||
28 | by a State, county or local public health department initiative | ||||||
29 | or in
conjunction with a dental school or dental hygiene | ||||||
30 | program.
The dentist shall personally examine and diagnose the | ||||||
31 | patient and
determine
which services are necessary to be | ||||||
32 | performed, which shall be contained in an
order to the
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33 | hygienist and a notation in the patient's record. Any such | ||||||
34 | order for sealants must be implemented within 120 days after | ||||||
35 | its issuance. Any such order for oral prophylactic procedures | ||||||
36 | or fluoride treatments must be implemented within 180 days |
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1 | after its issuance. An updated medical history and observation | ||||||
2 | of
oral conditions
must be
performed by the hygienist | ||||||
3 | immediately prior to beginning the procedures to
ensure that
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4 | the patient's health has not changed in any manner to warrant a | ||||||
5 | reexamination
by the
dentist.
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6 | (f)
(c) Without the supervision of a dentist, a dental | ||||||
7 | hygienist
may perform
dental health education functions and may | ||||||
8 | record case histories and oral
conditions observed.
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9 | (g) The number of dental hygienists practicing in a dental | ||||||
10 | office shall
not
exceed, at any one time, 4 times the number of | ||||||
11 | dentists practicing in the
office at the time.
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12 | (Source: P.A. 93-113, eff. 1-1-04.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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