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

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Dental Practice Act is amended by
5 changing Section 18 as follows:
 
6     (225 ILCS 25/18)   (from Ch. 111, par. 2318)
7     (Section scheduled to be repealed on January 1, 2016)
8     Sec. 18. Acts constituting the practice of dental hygiene;
9 limitations.
10     (a) A person practices dental hygiene within the meaning of
11 this Act when he or she performs the following acts under the
12 supervision of a dentist:
13             (i) the operative procedure of dental hygiene,
14         consisting of oral prophylactic procedures;
15             (ii) the exposure and processing of X-Ray films of
16         the teeth and surrounding structures;
17             (iii) the application to the surfaces of the teeth
18         or gums of chemical compounds designed to be
19         desensitizing agents or effective agents in the
20         prevention of dental caries or periodontal disease;
21             (iv) all services which may be performed by a
22         dental assistant as specified by rule pursuant to
23         Section 17;
24             (v) administration and monitoring of nitrous oxide
25         upon successful completion of a training program
26         approved by the Department;
27             (vi) administration of local anesthetics upon
28         successful completion of a training program approved
29         by the Department; and
30             (vii) such other procedures and acts as shall be
31         prescribed by rule or regulation of the Department.
32     (b) A dental hygienist may be employed or engaged only:

 

 

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1         (1) by a dentist;
2         (2) by a federal, State, county, or municipal agency or
3     institution;
4         (3) by a public or private school; or
5         (4) by a public clinic operating under the direction of
6     a hospital or federal, State, county, municipal, or other
7     public agency or institution.
8     (c) When employed or engaged in the office of a dentist, a
9 dental hygienist may perform, under general supervision, those
10 procedures found in items (i) through (iv) of subsection (a) of
11 this Section, provided the patient has been examined by the
12 dentist within one year of the provision of dental hygiene
13 services, the dentist has approved the dental hygiene services
14 by a notation in the patient's record and the patient has been
15 notified that the dentist may be out of the office during the
16 provision of dental hygiene services.
17     (d) If a patient of record is unable to travel to a dental
18 office because of illness, infirmity, or imprisonment, a dental
19 hygienist may perform, under the general supervision of a
20 dentist, those procedures found in items (i) through (iv) of
21 subsection (a) of this Section, provided the patient is located
22 in a long-term care facility licensed by the State of Illinois,
23 a mental health or developmental disability facility, or a
24 State or federal prison. The dentist shall personally examine
25 and diagnose the patient and determine which services are
26 necessary to be performed, which shall be contained in an order
27 to the hygienist and a notation in the patient's record. Such
28 order must be implemented within 120 days of its issuance, and
29 an updated medical history and observation of oral conditions
30 must be performed by the hygienist immediately prior to
31 beginning the procedures to ensure that the patient's health
32 has not changed in any manner to warrant a reexamination by the
33 dentist.
34     (e) School-based oral health care, consisting of and
35 limited to oral prophylactic procedures, sealants, and
36 fluoride treatments, may be provided by a dental hygienist

 

 

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1 under the general supervision of a dentist. A dental hygienist
2 may not provide other dental hygiene treatment in a
3 school-based setting, including but not limited to
4 administration or monitoring of nitrous oxide or
5 administration of local anesthetics. The school-based
6 procedures may be performed provided the patient is located at
7 a public or private school and the program is being conducted
8 by a State, county or local public health department initiative
9 or in conjunction with a dental school or dental hygiene
10 program. The dentist shall personally examine and diagnose the
11 patient and determine which services are necessary to be
12 performed, which shall be contained in an order to the
13 hygienist and a notation in the patient's record. Any such
14 order for sealants must be implemented within 120 days after
15 its issuance. Any such order for oral prophylactic procedures
16 or fluoride treatments must be implemented within 180 days
17 after its issuance. An updated medical history and observation
18 of oral conditions must be performed by the hygienist
19 immediately prior to beginning the procedures to ensure that
20 the patient's health has not changed in any manner to warrant a
21 reexamination by the dentist.
22     (f) Without the supervision of a dentist, a dental
23 hygienist may perform dental health education functions and may
24 record case histories and oral conditions observed.
25     (g) The number of dental hygienists practicing in a dental
26 office shall not exceed, at any one time, 4 times the number of
27 dentists practicing in the office at the time.
28     (h) A dental hygienist may, without supervision, provide
29 services, including, but not limited to, oral prophylactic
30 procedures, sealants, and fluoride treatments, to Medicaid
31 eligible patients and may be directly reimbursed by Medicaid.
32 (Source: P.A. 93-113, eff. 1-1-04; 93-821, eff. 7-28-04.)
 
33     Section 10. The Illinois Public Aid Code is amended by
34 adding Section 5-5.25 as follows:
 

 

 

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1     (305 ILCS 5/5-5.25 new)
2     Sec. 5-5.25. Reimbursement of dental hygienists. A
3 licensed dental hygienist who provides services to Medicaid
4 eligible patients, as set forth in subsection (h) of Section 18
5 of the Illinois Dental Practice Act, may be directly reimbursed
6 through Medicaid funds.