94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2799


 
Introduced 1/20/2006, by Sen. Donne E. Trotter
 
SYNOPSIS AS INTRODUCED:
 		















225 ILCS 25/18  from Ch. 111, par. 2318



305 ILCS 5/5-5.25 new










    Amends the Illinois Dental Practice Act and the Illinois Public Aid Code.  Provides that a dental hygienist may, without supervision, provide services to Medicaid eligible patients and may be directly reimbursed by Medicaid.
















LRB094 19037 RAS 54532 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2799

LRB094 19037 RAS 54532 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Dental Practice Act is amended  by 
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changing Section 18 as follows:
 



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    (225 ILCS 25/18)
  (from Ch. 111, par. 2318)



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    (Section scheduled to be repealed on January 1, 2016)

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    Sec. 18. Acts constituting the practice of dental hygiene;

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limitations.
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    (a) A person practices dental hygiene within the meaning of 
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this Act when
he or she performs the following acts under the 
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supervision of a dentist:


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            (i) the operative procedure of dental hygiene, 
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        consisting of oral
prophylactic procedures;


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            (ii) the exposure and processing of X-Ray films of 
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        the teeth and
surrounding structures;


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            (iii) the application to the surfaces of the teeth 
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        or gums of chemical
compounds designed to be 
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        desensitizing agents or effective agents in the

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        prevention of dental caries or periodontal disease;


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            (iv) all services which may be performed by a

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        dental assistant as specified by rule pursuant to 
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        Section 17;


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            (v) administration and monitoring of nitrous oxide 
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        upon successful
completion of a
training program 
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        approved by the Department;


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            (vi) administration of local anesthetics upon 
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        successful completion of
a
training program approved 
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        by the Department; and


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            (vii) such other procedures and acts as shall be 
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        prescribed
by
rule or regulation of the Department.

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    (b) A dental hygienist may be employed or engaged only:

 


 






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        (1) by a dentist;

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        (2) by a federal, State, county, or municipal agency or 
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    institution;

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        (3) by a public or private school; or

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        (4) by a public clinic operating under the direction of 
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    a hospital or
federal,
State, county, municipal, or other 
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    public agency or institution.

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    (c) When employed or engaged in the office of a dentist, a 
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dental hygienist
may
perform, under general supervision, those 
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procedures found in items (i) through
(iv) of
subsection (a) of 
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this Section, provided the patient has been examined by the

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dentist
within one year of the provision of dental hygiene 
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services, the dentist has
approved the
dental hygiene services 
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by a notation in the patient's record and the patient
has been

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notified that the dentist may be out of the office during the 
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provision of
dental hygiene
services.

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    (d) If a patient of record is unable to travel to a dental 
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office because of
illness,
infirmity, or
imprisonment, a dental 
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hygienist may perform, under the general supervision of
a 
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dentist,
those procedures found in items (i) through (iv) of 
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subsection (a) of this
Section,
provided the patient is located 
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in a long-term care facility licensed by the
State of Illinois,

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a mental health or developmental disability facility, or a 
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State or federal
prison.  The dentist
shall personally examine 
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and diagnose the patient and determine which
services are 
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necessary to be performed, which shall be contained in an order 
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to the hygienist and a notation in the patient's record.
Such 
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order must be implemented within 120 days
of its issuance, and 
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an updated medical history and observation of oral
conditions


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must be performed by the hygienist immediately prior to 
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beginning the
procedures to ensure that the patient's health 
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has not changed in any
manner to warrant a reexamination by the 
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dentist.

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    (e) School-based oral health care,
consisting of and 
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limited to oral prophylactic
procedures, sealants, and 
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fluoride treatments,
may be provided by a dental hygienist

 


 






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under the general supervision of a dentist. A dental hygienist 
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may not provide
other dental hygiene treatment in a 
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school-based setting, including but not
limited to 
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administration or monitoring of nitrous oxide or 
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administration of
local anesthetics. The school-based 
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procedures may be performed provided the
patient is located at 
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a public or private school and the program is being
conducted 
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by a State, county or local public health department initiative 
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or in
conjunction with a dental school or dental hygiene 
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program.
 The dentist shall personally examine and diagnose the 
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patient and
determine
which services are necessary to be 
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performed, which shall be contained in an
order to the

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hygienist and a notation in the patient's record. Any such 
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order for sealants must be implemented within 120 days after 
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its issuance. Any such order for oral prophylactic procedures 
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or fluoride treatments must be implemented within 180 days 
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after its issuance. An updated medical history and observation 
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of
oral conditions
must be
performed by the hygienist 
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immediately prior to beginning the procedures to
ensure that

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the patient's health has not changed in any manner to warrant a 
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reexamination
by the
dentist.

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    (f) Without the supervision of a dentist, a dental 
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hygienist
may perform
dental health education functions and may 
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record case histories and oral
conditions observed.

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    (g) The number of dental hygienists practicing in a dental 
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office shall
not
exceed, at any one time, 4 times the number of 
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dentists practicing in the
office at the time.

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    (h) A dental hygienist may, without supervision, provide 
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services, including, but not limited to, oral prophylactic 
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procedures, sealants, and fluoride treatments,  to Medicaid 
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eligible patients and may be directly reimbursed by Medicaid.

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(Source: P.A. 93-113, eff. 1-1-04; 93-821, eff. 7-28-04.)


 
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    Section 10. The Illinois Public Aid Code is amended  by 
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adding Section 5-5.25 as follows:
 
 


 






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    (305 ILCS 5/5-5.25 new)

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    Sec. 5-5.25. Reimbursement of dental hygienists. A 
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licensed dental hygienist who provides services to Medicaid 
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eligible patients, as set forth in subsection (h) of Section 18 
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of the Illinois Dental Practice Act, may be directly reimbursed 
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through Medicaid funds.