103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2912

 

Introduced 2/16/2023, by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/4  from Ch. 111, par. 2304
225 ILCS 25/6.5 new
225 ILCS 25/7  from Ch. 111, par. 2307
225 ILCS 25/11.5 new
225 ILCS 25/20  from Ch. 111, par. 2320

    Amends the Illinois Dental Practice Act. Adds provisions concerning the licensing of denturists by the Department of Financial and Professional Regulation, including qualifications, applications, examinations, and the creation of the Board of Dental Technology. Makes conforming changes. Effective immediately.


LRB103 30053 AMQ 56476 b

 

 

A BILL FOR

 

HB2912LRB103 30053 AMQ 56476 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 Section 4, 7, and 20 and by adding Sections 6.5 and
611.5 as follows:
 
7    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
8    (Section scheduled to be repealed on January 1, 2026)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    "Denture" means any removable full or partial upper or
12lower prosthetic dental appliance to be worn in the human
13mouth to replace any missing natural teeth.
14    "Denturist" means a person licensed under Section 11.5 to
15engage in the practice of denture technology and who is
16authorized within the person's scope of practice to provide to
17the public full or partial upper or lower dentures or other
18removable nonorthodontic dental appliances intended to be worn
19in the human mouth.
20    "Practice of denture technology" means:
21        (1) constructing, repairing, relining, reproducing,
22    duplicating, supplying, fitting, or altering a denture or
23    other removable nonorthodontic dental appliance intended
24    to be worn in the human mouth in respect of which a service
25    is performed under paragraph (2); and
26        (2) the following services when performed for a

 

 

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1    purpose listed in paragraph (1):
2            (A) the taking of impressions;
3            (B) the taking of bite registrations;
4            (C) try-ins of dentures or other removable
5        nonorthodontic dental appliances intended to be worn
6        in the human mouth; and
7            (D) insertions of dentures or other removable
8        nonorthodontic dental appliances intended to be worn
9        in the human mouth.
10    "Impaired dentist" or "impaired dental hygienist" means a
11dentist or dental hygienist who is unable to practice with
12reasonable skill and safety because of a physical or mental
13disability as evidenced by a written determination or written
14consent based on clinical evidence, including deterioration
15through the aging process, loss of motor skills, abuse of
16drugs or alcohol, or a psychiatric disorder, of sufficient
17degree to diminish the person's ability to deliver competent
18patient care.
19    "Nurse" means a registered professional nurse, a certified
20registered nurse anesthetist licensed as an advanced practice
21registered nurse, or a licensed practical nurse licensed under
22the Nurse Practice Act.
23    "Patient of record" means a patient for whom the patient's
24most recent dentist has obtained a relevant medical and dental
25history and on whom the dentist has performed an examination
26and evaluated the condition to be treated.

 

 

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1    "Dental responder" means a dentist or dental hygienist who
2is appropriately certified in disaster preparedness,
3immunizations, and dental humanitarian medical response
4consistent with the Society of Disaster Medicine and Public
5Health and training certified by the National Incident
6Management System or the National Disaster Life Support
7Foundation.
8    "Mobile dental van or portable dental unit" means any
9self-contained or portable dental unit in which dentistry is
10practiced that can be moved, towed, or transported from one
11location to another in order to establish a location where
12dental services can be provided.
13    "Public health dental hygienist" means a hygienist who
14holds a valid license to practice in the State, has 2 years of
15full-time clinical experience or an equivalent of 4,000 hours
16of clinical experience and has completed at least 42 clock
17hours of additional structured courses in dental education in
18advanced areas specific to public health dentistry.
19    "Public health setting" means a federally qualified health
20center; a federal, State, or local public health facility;
21Head Start; a special supplemental nutrition program for
22Women, Infants, and Children (WIC) facility; a certified
23school-based health center or school-based oral health
24program; a prison; or a long-term care facility.
25    "Public health supervision" means the supervision of a
26public health dental hygienist by a licensed dentist who has a

 

 

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1written public health supervision agreement with that public
2health dental hygienist while working in an approved facility
3or program that allows the public health dental hygienist to
4treat patients, without a dentist first examining the patient
5and being present in the facility during treatment, (1) who
6are eligible for Medicaid or (2) who are uninsured and whose
7household income is not greater than 200% of the federal
8poverty level.
9    "Teledentistry" means the use of telehealth systems and
10methodologies in dentistry and includes patient care and
11education delivery using synchronous and asynchronous
12communications under a dentist's authority as provided under
13this Act.
14(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
15102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
161-1-23.)
 
17    (225 ILCS 25/6.5 new)
18    Sec. 6.5. Board of Denture Technology.
19    (a) There is created a Board of Dental Technology, which
20is composed of the following persons appointed by the
21Secretary: 4 must have practiced denture technology for a
22period of 5 or more years; one must be an dentist licensed
23under this Act; and 2 must be members of the public who do not
24possess the professional qualifications of other members and
25who are not a spouse, domestic partner, child, parent, or

 

 

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1sibling of an active licensed denturist or dentist. The
2membership of the Board shall include only residents from
3various geographic areas of this State and shall include at
4least some graduates from various institutions of dental
5education in this State. In making appointments to the Board,
6the Secretary shall give due consideration to recommendations
7by organizations of the dental profession in Illinois,
8including the Illinois State Dental Society, and shall
9promptly give due notice to such organizations of any vacancy
10in the membership of the Board.
11    (b) The board shall annually elect a chairman and
12vice-chairman who shall be individuals who have practiced
13denture technology for a period of 5 or more years.
14    (c) Terms for all members shall be for 4 years. Partial
15terms over 2 years in length shall be considered as full terms.
16A member may be reappointed for a successive term, but no
17member shall serve more than 2 full terms in his or her
18lifetime.
19    (d) The Secretary may terminate the appointment of any
20member for cause which in the opinion of the Secretary
21reasonably justifies such termination. A vacancy in the
22membership of the Board shall not impair the right of a quorum
23to exercise all the rights and perform all the duties of the
24Board.
25    (e) Any action to be taken by the Board under this Act may
26be authorized by resolution at any regular or special meeting,

 

 

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1and each such resolution shall take effect immediately.
2    (f) The Board shall meet at least quarterly. The members
3of the Board shall each receive as compensation a reasonable
4sum as determined by the Secretary for each day actually
5engaged in the duties of the office, and all legitimate and
6necessary expense incurred in attending the meetings of the
7Board.
8    (g) Members of the Board shall be immune from suit in any
9action based upon any disciplinary proceedings or other
10activities performed in good faith as members of the Board.
 
11    (225 ILCS 25/7)  (from Ch. 111, par. 2307)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 7. Recommendations by the Board. The Secretary may
14consider the recommendations of the Board of Dentistry or the
15Board of Denture Technology in establishing guidelines for
16professional conduct, for the conduct of formal disciplinary
17proceedings brought under this Act, and for establishing
18guidelines for qualifications of applicants. Notice of
19proposed rulemaking shall be transmitted to the Board of
20Dentistry or the Board of Denture Technology and the
21Department shall review the response of the Board of Dentistry
22or the Board of Denture Technology and any recommendations
23made therein. The Department may, at any time, seek the expert
24advice and knowledge of the Board of Dentistry or the Board of
25Denture Technology on any matter relating to the

 

 

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1administration or enforcement of this Act. The action or
2report in writing of a majority of the Board of Dentistry or
3the Board of Denture Technology shall be sufficient authority
4upon which the Secretary may act.
5    Whenever the Secretary is satisfied that substantial
6justice has not been done either in an examination or in the
7revocation, suspension or refusal to issue a license, the
8Secretary may order a reexamination or rehearing.
9(Source: P.A. 97-1013, eff. 8-17-12.)
 
10    (225 ILCS 25/11.5 new)
11    Sec. 11.5. Necessity for licensure of denturist.
12    (a) On or after January 1, 2024, unless a person holds an
13active license issued under this Section, a person may not:
14        (1) engage, or offer to engage, in the practice of
15    denture technology; or
16        (2) use in connection with the name of the person the
17    word "denturist" or any other words, letters, or
18    abbreviations or insignia tending to indicate that such
19    person is engaged in the practice of denture technology.
20    (b) This Section does not apply to:
21        (1) a person acting under the supervision of a
22    denturist.
23        (2) the practice of dentistry or medicine by persons
24    authorized to do so by this State.
25        (3) a student of denture technology in pursuit of

 

 

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1    clinical studies under an approved school program, or a
2    person having met the formal educational requirements, who
3    is operating, for no more than 2 years, under the direct
4    supervision of a denturist or a licensed dentist in
5    pursuit of practical clinical experience as required for
6    licensure under this Act.
7    (c) The Department shall issue a license to practice
8denture technology to an applicant who, in addition to
9submitting an application and paying the applicable fees
10established by rule:
11        (1) provides to the Department official transcripts
12    verifying completion of an associate degree program in
13    denture technology, or the equivalent in formal,
14    post-secondary education, approved by the Department;
15        (2) provides to the Department documentation of 1,000
16    hours of supervised clinical practice in denture
17    technology, completed while enrolled in or after having
18    completed a course of study offered in a post-secondary
19    educational institution, or through equivalent supervised
20    experience, as determined by the Department;
21        (3) passes a written and a practical examination
22    prescribed, recognized, or approved by the Board of
23    Denture Technology. An applicant who fails the practical
24    examination must complete additional hours of clinical and
25    laboratory training in an approved work experience
26    program, as determined by the Board of Denture Technology,

 

 

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1    to qualify for reexamination; and
2        (4) meets other requirements established by the
3    Department by rule.
4    The educational program required by paragraph (1) of this
5subsection (c) must include pertinent courses in anatomy,
6including histology, microbiology, physiology, pharmacology,
7pathology emphasizing periodontology, dental materials,
8medical emergencies, geriatrics, professional ethics, clinical
9denture technology and denture laboratory technology. The
10board may accept educational training obtained in any other
11state or country if, upon review of satisfactory evidence, the
12Department determines that the educational program in the
13other state or country meets the educational standards
14prescribed in this Section.
15    An applicant meets the requirements of paragraph (1) or
16(2) of this subsection if the applicant provides the
17Department with documentation of military training or
18experience that the Department determines is substantially
19equivalent to the training or experience required by
20subsection (1) or (2) of this subsection.
21    The Department may adopt rules providing for waiver of the
22practical examination requirement.
23    (d) The Department may adopt rules allowing for issuance
24of a temporary license to practice denture technology.
25    (e) Examinations of applicants for licensure under this
26Section shall be held at least once a year at such times and

 

 

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1places as the State Board of Denture Technology may determine.
2Timely and appropriate notice shall be given to each
3applicant. The examination shall be sufficiently thorough to
4determine the qualifications, fitness, and ability of the
5applicant to practice denture technology. The examination may
6be in the form of written, oral, or practical demonstration of
7skills, or a combination of any such types. The examination
8shall cover at least subjects listed in subsection (c) and any
9additional subjects required by the Department by rule that
10are based on changes in industry technology, health care
11delivery systems, client safety, or scientific infection
12control techniques.
13    (f) The Department may issue a license to practice denture
14technology, without examination, to any person who:
15        (1) submits an application and pays the applicable
16    fees established by rule;
17        (2) has satisfied the educational requirements of this
18    Section;
19        (3) is a denturist licensed under the laws of any
20    other state, the District of Columbia, Canada, or a
21    territory of the United States, and the standards for
22    licensing of denturists in the licensing jurisdiction are
23    determined by the Department to be substantially
24    equivalent to those of this Section;
25        (4) has passed a written and practical examination
26    that the Department determines to be substantially

 

 

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1    equivalent to the examination required for licensure in
2    this State; and
3        (5) has engaged in the full-time active practice of
4    denture technology as a licensed denturist in another
5    jurisdiction for a minimum of 2 years immediately
6    preceding the date of application for licensure under this
7    Section.
 
8    (225 ILCS 25/20)  (from Ch. 111, par. 2320)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 20. Display of licenses. Any person licensed to
11practice dentistry, denture technology, or dental hygiene in
12this State by the Department as hereinbefore provided, shall
13at all times display such license or duplicate original
14thereof in a conspicuous place, in his or her office wherein he
15or she shall practice such profession, and shall further,
16whenever requested, exhibit such license to any of the members
17of the Department or its authorized agent. Upon proof by
18affidavit, the Department shall provide a duplicate if such
19person establishes that his or her license is lost or stolen or
20that he or she practices at multiple locations.
21(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.