Sen. Bill Cunningham

Filed: 3/2/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1509

2    AMENDMENT NO. ______. Amend Senate Bill 1509 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 17, 18.1, and 26 and by adding Section
646.5 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8    (Section scheduled to be repealed on January 1, 2026)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.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Board" means the Board of Dentistry.
6    "Dentist" means a person who has received a general
7license pursuant to paragraph (a) of Section 11 of this Act and
8who may perform any intraoral and extraoral procedure required
9in the practice of dentistry and to whom is reserved the
10responsibilities specified in Section 17.
11    "Dental hygienist" means a person who holds a license
12under this Act to perform dental services as authorized by
13Section 18.
14    "Dental assistant" means an appropriately trained person
15who, under the supervision of a dentist, provides dental
16services as authorized by Section 17.
17    "Expanded function dental assistant" means a dental
18assistant who has completed the training required by Section
1917.1 of this Act.
20    "Dental laboratory" means a person, firm or corporation
21which:
22        (i) engages in making, providing, repairing or
23    altering dental prosthetic appliances and other artificial
24    materials and devices which are returned to a dentist for
25    insertion into the human oral cavity or which come in
26    contact with its adjacent structures and tissues; and

 

 

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1        (ii) utilizes or employs a dental technician to
2    provide such services; and
3        (iii) performs such functions only for a dentist or
4    dentists.
5    "Supervision" means supervision of a dental hygienist or a
6dental assistant requiring that a dentist authorize the
7procedure, remain in the dental facility while the procedure
8is performed, and approve the work performed by the dental
9hygienist or dental assistant before dismissal of the patient,
10but does not mean that the dentist must be present at all times
11in the treatment room.
12    "General supervision" means supervision of a dental
13hygienist requiring that the patient be a patient of record,
14that the dentist examine the patient in accordance with
15Section 18 prior to treatment by the dental hygienist, and
16that the dentist authorize the procedures which are being
17carried out by a notation in the patient's record, but not
18requiring that a dentist be present when the authorized
19procedures are being performed. The issuance of a prescription
20to a dental laboratory by a dentist does not constitute
21general supervision.
22    "Public member" means a person who is not a health
23professional. For purposes of board membership, any person
24with a significant financial interest in a health service or
25profession is not a public member.
26    "Dentistry" means the healing art which is concerned with

 

 

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1the examination, diagnosis, treatment planning and care of
2conditions within the human oral cavity and its adjacent
3tissues and structures, as further specified in Section 17.
4    "Branches of dentistry" means the various specialties of
5dentistry which, for purposes of this Act, shall be limited to
6the following: endodontics, oral and maxillofacial surgery,
7orthodontics and dentofacial orthopedics, pediatric dentistry,
8periodontics, prosthodontics, oral and maxillofacial
9radiology, and dental anesthesiology.
10    "Specialist" means a dentist who has received a specialty
11license pursuant to Section 11(b).
12    "Dental technician" means a person who owns, operates, or
13is employed by a dental laboratory and engages in making,
14providing, repairing, or altering dental prosthetic appliances
15and other artificial materials and devices which are returned
16to a dentist for insertion into the human oral cavity or which
17come in contact with its adjacent structures and tissues.
18    "Informed consent" means legally valid written consent
19given by a patient or legal guardian that authorizes
20intervention or treatment services from the treating dentist
21and that documents agreement to participate in those services
22and knowledge of the risks, benefits, and alternatives,
23including the decision to withdraw from or decline treatment.
24    "Impaired dentist" or "impaired dental hygienist" means a
25dentist or dental hygienist who is unable to practice with
26reasonable skill and safety because of a physical or mental

 

 

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1disability as evidenced by a written determination or written
2consent based on clinical evidence, including deterioration
3through the aging process, loss of motor skills, abuse of
4drugs or alcohol, or a psychiatric disorder, of sufficient
5degree to diminish the person's ability to deliver competent
6patient care.
7    "Nurse" means a registered professional nurse, a certified
8registered nurse anesthetist licensed as an advanced practice
9registered nurse, or a licensed practical nurse licensed under
10the Nurse Practice Act.
11    "Patient of record" means a patient for whom the patient's
12most recent dentist has obtained a relevant medical and dental
13history and on whom the dentist has performed a physical an
14examination within the last year and evaluated the condition
15to be treated, including a review of the patient's most recent
16x-rays.
17    "Dental responder" means a dentist or dental hygienist who
18is appropriately certified in disaster preparedness,
19immunizations, and dental humanitarian medical response
20consistent with the Society of Disaster Medicine and Public
21Health and training certified by the National Incident
22Management System or the National Disaster Life Support
23Foundation.
24    "Mobile dental van or portable dental unit" means any
25self-contained or portable dental unit in which dentistry is
26practiced that can be moved, towed, or transported from one

 

 

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1location to another in order to establish a location where
2dental services can be provided.
3    "Public health dental hygienist" means a hygienist who
4holds a valid license to practice in the State, has 2 years of
5full-time clinical experience or an equivalent of 4,000 hours
6of clinical experience, and has completed at least 42 clock
7hours of additional structured courses in dental education in
8advanced areas specific to public health dentistry.
9    "Public health setting" means a federally qualified health
10center; a federal, State, or local public health facility;
11Head Start; a special supplemental nutrition program for
12Women, Infants, and Children (WIC) facility; a certified
13school-based health center or school-based oral health
14program; a prison; or a long-term care facility.
15    "Public health supervision" means the supervision of a
16public health dental hygienist by a licensed dentist who has a
17written public health supervision agreement with that public
18health dental hygienist while working in an approved facility
19or program that allows the public health dental hygienist to
20treat patients, without a dentist first examining the patient
21and being present in the facility during treatment, (1) who
22are eligible for Medicaid or (2) who are uninsured and whose
23household income is not greater than 200% of the federal
24poverty level.
25    "Teledentistry" means the use of telehealth systems and
26methodologies in dentistry and includes patient diagnosis,

 

 

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1treatment planning, care, and education delivery for a patient
2of record using synchronous and asynchronous communications
3under an Illinois licensed a dentist's authority as provided
4under this Act.
5    "Clear aligner" means a medical device, excluding a
6retainer used to keep teeth in a fixed position, that is used
7in orthodontic treatment to gradually move a patient's teeth
8or jaw and correct misalignment and manufactured to address
9the patient's unique orthodontic needs.
10(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
11102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
121-1-23.)
 
13    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 17. Acts constituting the practice of dentistry. A
16person practices dentistry, within the meaning of this Act:
17        (1) Who represents himself or herself as being able to
18    diagnose or diagnoses, treats, prescribes, or operates for
19    any disease, pain, deformity, deficiency, injury, or
20    physical condition of the human tooth, teeth, alveolar
21    process, gums, or jaw; or
22        (2) Who is a manager, proprietor, operator, or
23    conductor of a business where dental operations are
24    performed; or
25        (3) Who performs dental operations of any kind; or

 

 

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1        (4) Who uses an X-Ray machine or X-Ray films for
2    dental diagnostic purposes; or
3        (5) Who extracts a human tooth or teeth, or corrects
4    or attempts to correct malpositions of the human teeth or
5    jaws; or
6        (6) Who offers or undertakes, by any means or method,
7    to diagnose, treat, or remove stains, calculus, and
8    bonding materials from human teeth or jaws; or
9        (7) Who uses or administers local or general
10    anesthetics in the treatment of dental or oral diseases or
11    in any preparation incident to a dental operation of any
12    kind or character; or
13        (8) Who takes material or digital scans for final
14    impressions of the human tooth, teeth, or jaws or performs
15    any phase of any operation incident to the replacement of
16    a part of a tooth, a tooth, teeth, or associated tissues by
17    means of a filling, crown, a bridge, a denture, or other
18    appliance; or
19        (9) Who offers to furnish, supply, construct,
20    reproduce, or repair, or who furnishes, supplies,
21    constructs, reproduces, or repairs, prosthetic dentures,
22    bridges, or other substitutes for natural teeth, to the
23    user or prospective user thereof; or
24        (10) Who instructs students on clinical matters or
25    performs any clinical operation included in the curricula
26    of recognized dental schools and colleges; or

 

 

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1        (11) Who takes material or digital scans for final
2    impressions of human teeth or places his or her hands in
3    the mouth of any person for the purpose of applying teeth
4    whitening materials, or who takes impressions of human
5    teeth or places his or her hands in the mouth of any person
6    for the purpose of assisting in the application of teeth
7    whitening materials. A person does not practice dentistry
8    when he or she discloses to the consumer that he or she is
9    not licensed as a dentist under this Act and (i) discusses
10    the use of teeth whitening materials with a consumer
11    purchasing these materials; (ii) provides instruction on
12    the use of teeth whitening materials with a consumer
13    purchasing these materials; or (iii) provides appropriate
14    equipment on-site to the consumer for the consumer to
15    self-apply teeth whitening materials; or .
16        (12) Who provides teledentistry. A dentist may provide
17    and delegate dental services using telehealth only under
18    the supervision requirements as specified in this Act for
19    in-person care. A dentist may only practice or utilize
20    teledentistry on a patient of record. A dentist practicing
21    dentistry through teledentistry is subject to the same
22    standard of care as if those services were being delivered
23    in a clinic or office setting. A patient receiving dental
24    services through teledentistry shall be provided with the
25    name, direct telephone number, and physical practice
26    address of the treating dentist who will be providing the

 

 

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1    teledentistry services. The information shall be provided
2    to the patient prior to the provision of services. Prior
3    to providing teledentistry services to a patient, a
4    dentist must obtain informed consent from the patient as
5    to the treatment proposed to be offered through
6    teledentistry by the dentist. The Department may adopt
7    rules to implement this paragraph.
8    The fact that any person engages in or performs, or offers
9to engage in or perform, any of the practices, acts, or
10operations set forth in this Section, shall be prima facie
11evidence that such person is engaged in the practice of
12dentistry.
13    The following practices, acts, and operations, however,
14are exempt from the operation of this Act:
15        (a) The rendering of dental relief in emergency cases
16    in the practice of his or her profession by a physician or
17    surgeon, licensed as such under the laws of this State,
18    unless he or she undertakes to reproduce or reproduces
19    lost parts of the human teeth in the mouth or to restore or
20    replace lost or missing teeth in the mouth; or
21        (b) The practice of dentistry in the discharge of
22    their official duties by dentists in any branch of the
23    Armed Services of the United States, the United States
24    Public Health Service, or the United States Veterans
25    Administration; or
26        (c) The practice of dentistry by students in their

 

 

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1    course of study in dental schools or colleges approved by
2    the Department, when acting under the direction and
3    supervision of dentists acting as instructors; or
4        (d) The practice of dentistry by clinical instructors
5    in the course of their teaching duties in dental schools
6    or colleges approved by the Department:
7            (i) when acting under the direction and
8        supervision of dentists, provided that such clinical
9        instructors have instructed continuously in this State
10        since January 1, 1986; or
11            (ii) when holding the rank of full professor at
12        such approved dental school or college and possessing
13        a current valid license or authorization to practice
14        dentistry in another country; or
15        (e) The practice of dentistry by licensed dentists of
16    other states or countries at meetings of the Illinois
17    State Dental Society or component parts thereof, alumni
18    meetings of dental colleges, or any other like dental
19    organizations, while appearing as clinicians; or
20        (f) The use of X-Ray machines for exposing X-Ray films
21    of dental or oral tissues by dental hygienists or dental
22    assistants; or
23        (g) The performance of any dental service by a dental
24    assistant, if such service is performed under the
25    supervision and full responsibility of a dentist. In
26    addition, after being authorized by a dentist, a dental

 

 

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1    assistant may, for the purpose of eliminating pain or
2    discomfort, remove loose, broken, or irritating
3    orthodontic appliances on a patient of record.
4        For purposes of this paragraph (g), "dental service"
5    is defined to mean any intraoral procedure or act which
6    shall be prescribed by rule or regulation of the
7    Department. Dental service, however, shall not include:
8            (1) Any and all diagnosis of or prescription for
9        treatment of disease, pain, deformity, deficiency,
10        injury, or physical condition of the human teeth or
11        jaws, or adjacent structures.
12            (2) Removal of, or restoration of, or addition to
13        the hard or soft tissues of the oral cavity, except for
14        the placing, carving, and finishing of amalgam
15        restorations and placing, packing, and finishing
16        composite restorations by dental assistants who have
17        had additional formal education and certification.
18            A dental assistant may place, carve, and finish
19        amalgam restorations, place, pack, and finish
20        composite restorations, and place interim restorations
21        if he or she (A) has successfully completed a
22        structured training program as described in item (2)
23        of subsection (g) provided by an educational
24        institution accredited by the Commission on Dental
25        Accreditation, such as a dental school or dental
26        hygiene or dental assistant program, or (B) has at

 

 

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1        least 4,000 hours of direct clinical patient care
2        experience and has successfully completed a structured
3        training program as described in item (2) of
4        subsection (g) provided by a statewide dental
5        association, approved by the Department to provide
6        continuing education, that has developed and conducted
7        training programs for expanded functions for dental
8        assistants or hygienists. The training program must:
9        (i) include a minimum of 16 hours of didactic study and
10        14 hours of clinical manikin instruction; all training
11        programs shall include areas of study in nomenclature,
12        caries classifications, oral anatomy, periodontium,
13        basic occlusion, instrumentations, pulp protection
14        liners and bases, dental materials, matrix and wedge
15        techniques, amalgam placement and carving, rubber dam
16        clamp placement, and rubber dam placement and removal;
17        (ii) include an outcome assessment examination that
18        demonstrates competency; (iii) require the supervising
19        dentist to observe and approve the completion of 8
20        amalgam or composite restorations; and (iv) issue a
21        certificate of completion of the training program,
22        which must be kept on file at the dental office and be
23        made available to the Department upon request. A
24        dental assistant must have successfully completed an
25        approved coronal polishing and dental sealant course
26        prior to taking the amalgam and composite restoration

 

 

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1        course.
2            A dentist utilizing dental assistants shall not
3        supervise more than 4 dental assistants at any one
4        time for placing, carving, and finishing of amalgam
5        restorations or for placing, packing, and finishing
6        composite restorations.
7            (3) Any and all correction of malformation of
8        teeth or of the jaws.
9            (4) Administration of anesthetics, except for
10        monitoring of nitrous oxide, conscious sedation, deep
11        sedation, and general anesthetic as provided in
12        Section 8.1 of this Act, that may be performed only
13        after successful completion of a training program
14        approved by the Department. A dentist utilizing dental
15        assistants shall not supervise more than 4 dental
16        assistants at any one time for the monitoring of
17        nitrous oxide.
18            (5) Removal of calculus from human teeth.
19            (6) Taking of material or digital scans for final
20        impressions for the fabrication of prosthetic
21        appliances, crowns, bridges, inlays, onlays, or other
22        restorative or replacement dentistry.
23            (7) The operative procedure of dental hygiene
24        consisting of oral prophylactic procedures, except for
25        coronal polishing and pit and fissure sealants, which
26        may be performed by a dental assistant who has

 

 

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1        successfully completed a training program approved by
2        the Department. Dental assistants may perform coronal
3        polishing under the following circumstances: (i) the
4        coronal polishing shall be limited to polishing the
5        clinical crown of the tooth and existing restorations,
6        supragingivally; (ii) the dental assistant performing
7        the coronal polishing shall be limited to the use of
8        rotary instruments using a rubber cup or brush
9        polishing method (air polishing is not permitted); and
10        (iii) the supervising dentist shall not supervise more
11        than 4 dental assistants at any one time for the task
12        of coronal polishing or pit and fissure sealants.
13            In addition to coronal polishing and pit and
14        fissure sealants as described in this item (7), a
15        dental assistant who has at least 2,000 hours of
16        direct clinical patient care experience and who has
17        successfully completed a structured training program
18        provided by (1) an educational institution including,
19        but not limited to, a dental school or dental hygiene
20        or dental assistant program, or (2) a continuing
21        education provider approved by the Department, or (3)
22        a statewide dental or dental hygienist association,
23        approved by the Department on or before January 1,
24        2017 (the effective date of Public Act 99-680), that
25        has developed and conducted a training program for
26        expanded functions for dental assistants or hygienists

 

 

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1        may perform: (A) coronal scaling above the gum line,
2        supragingivally, on the clinical crown of the tooth
3        only on patients 17 years of age or younger who have an
4        absence of periodontal disease and who are not
5        medically compromised or individuals with special
6        needs and (B) intracoronal temporization of a tooth.
7        The training program must: (I) include a minimum of 32
8        hours of instruction in both didactic and clinical
9        manikin or human subject instruction; all training
10        programs shall include areas of study in dental
11        anatomy, public health dentistry, medical history,
12        dental emergencies, and managing the pediatric
13        patient; (II) include an outcome assessment
14        examination that demonstrates competency; (III)
15        require the supervising dentist to observe and approve
16        the completion of 6 full mouth supragingival scaling
17        procedures unless the training was received as part of
18        a Commission on Dental Accreditation approved dental
19        assistant program; and (IV) issue a certificate of
20        completion of the training program, which must be kept
21        on file at the dental office and be made available to
22        the Department upon request. A dental assistant must
23        have successfully completed an approved coronal
24        polishing course prior to taking the coronal scaling
25        course. A dental assistant performing these functions
26        shall be limited to the use of hand instruments only.

 

 

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1        In addition, coronal scaling as described in this
2        paragraph shall only be utilized on patients who are
3        eligible for Medicaid, who are uninsured, or whose
4        household income is not greater than 300% of the
5        federal poverty level. A dentist may not supervise
6        more than 2 dental assistants at any one time for the
7        task of coronal scaling. This paragraph is inoperative
8        on and after January 1, 2026.
9        The limitations on the number of dental assistants a
10    dentist may supervise contained in items (2), (4), and (7)
11    of this paragraph (g) mean a limit of 4 total dental
12    assistants or dental hygienists doing expanded functions
13    covered by these Sections being supervised by one dentist;
14    or
15        (h) The practice of dentistry by an individual who:
16            (i) has applied in writing to the Department, in
17        form and substance satisfactory to the Department, for
18        a general dental license and has complied with all
19        provisions of Section 9 of this Act, except for the
20        passage of the examination specified in subsection (e)
21        of Section 9 of this Act; or
22            (ii) has applied in writing to the Department, in
23        form and substance satisfactory to the Department, for
24        a temporary dental license and has complied with all
25        provisions of subsection (c) of Section 11 of this
26        Act; and

 

 

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1            (iii) has been accepted or appointed for specialty
2        or residency training by a hospital situated in this
3        State; or
4            (iv) has been accepted or appointed for specialty
5        training in an approved dental program situated in
6        this State; or
7            (v) has been accepted or appointed for specialty
8        training in a dental public health agency situated in
9        this State.
10        The applicant shall be permitted to practice dentistry
11    for a period of 3 months from the starting date of the
12    program, unless authorized in writing by the Department to
13    continue such practice for a period specified in writing
14    by the Department.
15        The applicant shall only be entitled to perform such
16    acts as may be prescribed by and incidental to his or her
17    program of residency or specialty training and shall not
18    otherwise engage in the practice of dentistry in this
19    State.
20        The authority to practice shall terminate immediately
21    upon:
22            (1) the decision of the Department that the
23        applicant has failed the examination; or
24            (2) denial of licensure by the Department; or
25            (3) withdrawal of the application.
26(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;

 

 

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1102-936, eff. 1-1-23.)
 
2    (225 ILCS 25/18.1)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 18.1. Public health dental supervision
5responsibilities.
6    (a) When working together in a public health supervision
7relationship, dentists and public health dental hygienists
8shall enter into a public health supervision agreement. The
9dentist providing public health supervision must:
10        (1) be available to provide an appropriate level of
11    contact, communication, collaboration, and consultation
12    with the public health dental hygienist and must meet
13    in-person with the public health dental hygienist at least
14    quarterly for review and consultation;
15        (2) have specific standing orders or policy guidelines
16    for procedures that are to be carried out for each
17    location or program, although the dentist need not be
18    present when the procedures are being performed;
19        (3) provide for the patient's additional necessary
20    care in consultation with the public health dental
21    hygienist;
22        (4) file agreements and notifications as required; and
23        (5) include procedures for creating and maintaining
24    dental records, including protocols for transmission of
25    all records between the public health dental hygienist and

 

 

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1    the dentist following each treatment, which shall include
2    a notation regarding procedures authorized by the dentist
3    and performed by the public health dental hygienist and
4    the location where those records are to be kept.
5    Each dentist and hygienist who enters into a public health
6supervision agreement must document and maintain a copy of any
7change or termination of that agreement.
8    Dental records shall be owned and maintained by the
9supervising dentist for all patients treated under public
10health supervision, unless the supervising dentist is an
11employee of a public health clinic or federally qualified
12health center, in which case the public health clinic or
13federally qualified health center shall maintain the records.
14    If a dentist ceases to be employed or contracted by the
15facility, the dentist shall notify the facility administrator
16that the public health supervision agreement is no longer in
17effect. A new public health supervision agreement is required
18for the public health dental hygienist to continue treating
19patients under public health supervision.
20    A dentist entering into an agreement under this Section
21may supervise and enter into agreements for public health
22supervision with 2 public health dental hygienists. This shall
23be in addition to the limit of 4 dental hygienists per dentist
24set forth in subsection (g) of Section 18 of this Act.
25    (b) A public health dental hygienist providing services
26under public health supervision may perform only those duties

 

 

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1within the accepted scope of practice of dental hygiene, as
2follows:
3        (1) the operative procedures of dental hygiene,
4    consisting of oral prophylactic procedures, including
5    prophylactic cleanings, application of fluoride, and
6    placement of sealants;
7        (2) the exposure and processing of x-ray films of the
8    teeth and surrounding structures; and
9        (3) such other procedures and acts as shall be
10    prescribed by rule of the Department.
11    Any patient treated under this subsection (b) must be
12examined by a dentist before additional services can be
13provided by a public health dental hygienist. However, if the
14supervising dentist, after consultation with the public health
15hygienist, determines that time is needed to complete an
16approved treatment plan on a patient eligible under this
17Section, then the dentist may instruct the hygienist to
18complete the remaining services prior to an oral examination
19by the dentist. Such instruction by the dentist to the
20hygienist shall be noted in the patient's records. Any
21services performed under this exception must be scheduled in a
22timely manner and shall not occur more than 30 days after the
23first appointment date.
24    (c) A public health dental hygienist providing services
25under public health supervision must:
26        (1) provide to the patient, parent, or guardian a

 

 

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1    written plan for referral or an agreement for follow-up
2    that records all conditions observed that should be called
3    to the attention of a dentist for proper diagnosis;
4        (2) have each patient sign a permission slip or
5    consent form that informs them that the service to be
6    received does not take the place of regular dental
7    checkups at a dental office and is meant for people who
8    otherwise would not have access to the service;
9        (3) inform each patient who may require further dental
10    services of that need;
11        (4) maintain an appropriate level of contact and
12    communication with the dentist providing public health
13    supervision; and
14        (5) complete an additional 4 hours of continuing
15    education in areas specific to public health dentistry
16    yearly.
17    (d) Each public health dental hygienist who has rendered
18services under subsections (c), (d), and (e) of this Section
19must complete a summary report at the completion of a program
20or, in the case of an ongoing program, at least annually. The
21report must be completed in the manner specified by the
22Division of Oral Health in the Department of Public Health
23including information about each location where the public
24health dental hygienist has rendered these services. The
25public health dental hygienist must submit the form to the
26dentist providing supervision for his or her signature before

 

 

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1sending it to the Division.
2    (e) Public health dental hygienists providing services
3under public health supervision may be compensated for their
4work by salary, honoraria, and other mechanisms by the
5employing or sponsoring entity. Nothing in this Act shall
6preclude the entity that employs or sponsors a public health
7dental hygienist from seeking payment, reimbursement, or other
8source of funding for the services provided.
9    (f) A patient who is provided services by a public health
10dental hygienist who has a public health supervision agreement
11as provided under this Section is not a patient of record.
12    (f) This Section is repealed on January 1, 2026.
13(Source: P.A. 101-162, eff. 7-26-19.)
 
14    (225 ILCS 25/26)  (from Ch. 111, par. 2326)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 26. Disciplinary actions.
17    (a) In case the respondent, after receiving notice, fails
18to file an answer, his or her license may, in the discretion of
19the Secretary, having first received the recommendation of the
20Board, be suspended, revoked, placed on probationary status,
21or the Secretary may take whatever disciplinary or
22non-disciplinary action he or she may deem proper, including
23limiting the scope, nature, or extent of the person's practice
24or the imposition of a fine, without a hearing, if the act or
25acts charged constitute sufficient grounds for such action

 

 

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1under this Act.
2    (b) The Secretary may temporarily suspend the license of a
3dentist or dental hygienist without a hearing, simultaneous to
4the institution of proceedings for a hearing under this Act,
5if the Secretary finds that evidence in his or her possession
6indicates that a dentist's or dental hygienist's continuation
7in practice would constitute an immediate danger to the
8public. In the event that the Secretary temporarily suspends
9the license of a dentist or a dental hygienist without a
10hearing, a hearing by the Board must be held within 15 days
11after such suspension has occurred.
12    (c) The entry of a judgment by any circuit court
13establishing that any person holding a license under this Act
14is a person subject to involuntary admission under the Mental
15Health and Developmental Disabilities Code shall operate as a
16suspension of that license. That person may resume his or her
17practice only upon a finding by the Board that he or she has
18been determined to be no longer subject to involuntary
19admission by the court and upon the Board's recommendation to
20the Secretary that he or she be permitted to resume his or her
21practice.
22    (d) It shall be a violation of this Act for a provider of
23dental services rendering care through teledentistry to
24require a patient to sign an agreement that limits in any way
25the patient's ability to write a review of services received
26or file a complaint with the Department or other regulatory

 

 

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1agency.
2(Source: P.A. 99-492, eff. 12-31-15.)
 
3    (225 ILCS 25/46.5 new)
4    Sec. 46.5. Prohibition on sale of clear aligners to the
5public.
6    (a) A person may not sell a clear aligner to a patient
7unless the person has received written or electronic
8confirmation from a dentist licensed in this State that the
9patient has received an intraoral or extraoral dental
10examination and has had a review of new or recently conducted
11x-rays, panoramic x-rays, computed tomography, bone imaging
12scans, or other appropriate diagnostic imaging sufficient to
13allow the dentist to detect conditions in the patient that
14would preclude or contraindicate the provision of safe
15orthodontic treatment.
16    (b) A person who sells a clear aligner to a patient shall
17maintain any documents received under subsection (a) for not
18less than 7 years after the date of sale.".