Full Text of HB4501 102nd General Assembly
HB4501enr 102ND GENERAL ASSEMBLY |
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| 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 Sections 4, 17, 17.1, and 18 as follows:
| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 4. Definitions. As used in this Act:
| 9 | | "Address of record" means the designated address recorded | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file as maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address and | 14 | | those changes must be made either through the Department's | 15 | | website or by contacting the Department. | 16 | | "Department" means the Department of Financial and | 17 | | Professional Regulation.
| 18 | | "Secretary" means the Secretary of Financial and | 19 | | Professional Regulation.
| 20 | | "Board" means the Board of Dentistry.
| 21 | | "Dentist" means a person who has received a general | 22 | | license pursuant
to paragraph (a) of Section 11 of this Act and | 23 | | who may perform any intraoral
and extraoral procedure required |
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| 1 | | in the practice of dentistry and to whom is
reserved the | 2 | | responsibilities specified in Section 17.
| 3 | | "Dental hygienist" means a person who holds a license | 4 | | under this Act to
perform dental services as authorized by | 5 | | Section 18.
| 6 | | "Dental assistant" means an appropriately trained person
| 7 | | who, under the supervision of a dentist, provides dental | 8 | | services
as authorized by Section 17.
| 9 | | "Expanded function dental assistant" means a dental | 10 | | assistant who has completed the training required by Section | 11 | | 17.1 of this Act. | 12 | | "Dental laboratory" means a person, firm or corporation | 13 | | which:
| 14 | | (i) engages in making, providing, repairing or | 15 | | altering dental
prosthetic appliances and other artificial | 16 | | materials and devices which are
returned to a dentist for | 17 | | insertion into the human oral cavity or which
come in | 18 | | contact with its adjacent structures and tissues; and
| 19 | | (ii) utilizes or employs a dental technician to | 20 | | provide such services; and
| 21 | | (iii) performs such functions only for a dentist or | 22 | | dentists.
| 23 | | "Supervision" means supervision of a dental hygienist or a | 24 | | dental
assistant requiring that a dentist authorize the | 25 | | procedure, remain in the
dental facility while the procedure | 26 | | is performed, and approve the work
performed by the dental |
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| 1 | | hygienist or dental assistant before dismissal of
the patient, | 2 | | but does not mean that the dentist must be present at all
times | 3 | | in the treatment room.
| 4 | | "General supervision" means supervision of a dental | 5 | | hygienist
requiring that the patient be a patient of record,
| 6 | | that the dentist
examine the patient in accordance with | 7 | | Section 18 prior to treatment by the
dental hygienist, and | 8 | | that the
dentist authorize the procedures which
are being | 9 | | carried
out by a notation in the patient's record, but not | 10 | | requiring that a dentist
be present when the authorized
| 11 | | procedures are being performed. The
issuance of a prescription | 12 | | to a dental laboratory by a
dentist does not constitute | 13 | | general supervision.
| 14 | | "Public member" means a person who is not a health | 15 | | professional.
For purposes of board membership, any person | 16 | | with a significant financial
interest in a health service or | 17 | | profession is not a public member.
| 18 | | "Dentistry" means the healing art which is concerned with | 19 | | the
examination, diagnosis, treatment planning and care of | 20 | | conditions within
the human oral cavity and its adjacent | 21 | | tissues and structures, as further
specified in Section 17.
| 22 | | "Branches of dentistry" means the various specialties of | 23 | | dentistry
which, for purposes of this Act, shall be limited to | 24 | | the following:
endodontics, oral and maxillofacial surgery, | 25 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 26 | | periodontics, prosthodontics, oral and maxillofacial
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| 1 | | radiology, and dental anesthesiology.
| 2 | | "Specialist" means a dentist who has received a specialty | 3 | | license
pursuant to Section 11(b).
| 4 | | "Dental technician" means a person who owns, operates or | 5 | | is
employed by a dental laboratory and engages in making, | 6 | | providing, repairing
or altering dental prosthetic appliances | 7 | | and other artificial materials and
devices which are returned | 8 | | to a dentist for insertion into the human oral
cavity or which | 9 | | come in contact with its adjacent structures and tissues.
| 10 | | "Impaired dentist" or "impaired dental hygienist" means a | 11 | | dentist
or dental hygienist who is unable to practice with
| 12 | | reasonable skill and safety because of a physical or mental | 13 | | disability as
evidenced by a written determination or written | 14 | | consent based on clinical
evidence, including deterioration | 15 | | through the aging process, loss of motor
skills, abuse of | 16 | | drugs or alcohol, or a psychiatric disorder, of sufficient
| 17 | | degree to diminish the person's ability to deliver competent | 18 | | patient care.
| 19 | | "Nurse" means a registered professional nurse, a certified | 20 | | registered
nurse anesthetist licensed as an advanced practice
| 21 | | registered nurse, or a licensed practical nurse licensed under | 22 | | the Nurse Practice Act.
| 23 | | "Patient of record" means a patient for whom the patient's | 24 | | most recent
dentist has obtained
a
relevant medical and dental | 25 | | history and on whom the dentist has performed an
examination | 26 | | and evaluated the condition to be treated.
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| 1 | | "Dental responder" means a dentist or dental hygienist who | 2 | | is appropriately certified in disaster preparedness, | 3 | | immunizations, and dental humanitarian medical response | 4 | | consistent with the Society of Disaster Medicine and Public | 5 | | Health and training certified by the National Incident | 6 | | Management System or the National Disaster Life Support | 7 | | Foundation.
| 8 | | "Mobile dental van or portable dental unit" means any | 9 | | self-contained or portable dental unit in which dentistry is | 10 | | practiced that can be moved, towed, or transported from one | 11 | | location to another in order to establish a location where | 12 | | dental services can be provided. | 13 | | "Public health dental hygienist" means a hygienist who | 14 | | holds a valid license to practice in the State, has 2 years of | 15 | | full-time clinical experience or an equivalent of 4,000 hours | 16 | | of clinical experience and has completed at least 42 clock | 17 | | hours of additional structured courses in dental education in | 18 | | advanced areas specific to public health dentistry. | 19 | | "Public health setting" means a federally qualified health | 20 | | center; a federal, State, or local public health facility; | 21 | | Head Start; a special supplemental nutrition program for | 22 | | Women, Infants, and Children (WIC) facility; or a certified | 23 | | school-based health center or school-based oral health | 24 | | program ; a prison; or a long-term care facility . | 25 | | "Public health supervision" means the supervision of a | 26 | | public health dental hygienist by a licensed dentist who has a |
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| 1 | | written public health supervision agreement with that public | 2 | | health dental hygienist while working in an approved facility | 3 | | or program that allows the public health dental hygienist to | 4 | | treat patients, without a dentist first examining the patient | 5 | | and being present in the facility during treatment, (1) who | 6 | | are eligible for Medicaid or (2) who are uninsured and whose | 7 | | household income is not greater than 200% of the federal | 8 | | poverty level. | 9 | | "Teledentistry" means the use of telehealth systems and | 10 | | methodologies in dentistry and includes patient care and | 11 | | education delivery using synchronous and asynchronous | 12 | | communications under a dentist's authority as provided under | 13 | | this Act. | 14 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | 15 | | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21 .)
| 16 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 17 | | (Section scheduled to be repealed on January 1, 2026)
| 18 | | Sec. 17. Acts constituting the practice of dentistry. A | 19 | | person
practices dentistry, within the meaning of this Act:
| 20 | | (1) Who represents himself or herself as being able to | 21 | | diagnose or diagnoses,
treats, prescribes, or operates for | 22 | | any disease, pain, deformity, deficiency,
injury, or | 23 | | physical condition of the human tooth, teeth, alveolar | 24 | | process,
gums or jaw; or
| 25 | | (2) Who is a manager, proprietor, operator or |
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| 1 | | conductor of a
business where
dental operations are | 2 | | performed; or
| 3 | | (3) Who performs dental operations of any kind; or
| 4 | | (4) Who uses an X-Ray machine or X-Ray films for
| 5 | | dental diagnostic purposes; or
| 6 | | (5) Who extracts a human tooth or teeth, or corrects | 7 | | or attempts to
correct
malpositions of the human teeth or | 8 | | jaws; or
| 9 | | (6) Who offers or undertakes, by any means or method, | 10 | | to diagnose, treat
or remove stains, calculus, and bonding | 11 | | materials from human teeth or jaws; or
| 12 | | (7) Who uses or administers local or general | 13 | | anesthetics in the treatment
of dental or oral diseases or | 14 | | in any preparation incident to a dental operation
of any | 15 | | kind or character; or
| 16 | | (8) Who takes material or digital scans for final | 17 | | impressions of the human tooth, teeth, or jaws or performs
| 18 | | any phase of any operation incident to the replacement of | 19 | | a part of a tooth,
a tooth, teeth or associated tissues by | 20 | | means of a filling, crown, a bridge,
a denture or other | 21 | | appliance; or
| 22 | | (9) Who offers to furnish, supply, construct, | 23 | | reproduce or repair, or
who furnishes, supplies, | 24 | | constructs, reproduces or repairs, prosthetic
dentures, | 25 | | bridges or other substitutes for natural teeth, to the | 26 | | user or
prospective user thereof; or
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| 1 | | (10) Who instructs students on clinical matters or | 2 | | performs any clinical
operation included in the curricula | 3 | | of recognized dental schools and colleges; or
| 4 | | (11) Who takes material or digital scans for final | 5 | | impressions of human teeth or places his or her hands in | 6 | | the mouth of any person for the purpose of applying teeth | 7 | | whitening materials, or who takes impressions of human | 8 | | teeth or places his or her hands in the mouth of any person | 9 | | for the purpose of assisting in the application of teeth | 10 | | whitening materials. A person does not practice dentistry | 11 | | when he or she discloses to the consumer that he or she is | 12 | | not licensed as a dentist under this Act and (i) discusses | 13 | | the use of teeth whitening materials with a consumer | 14 | | purchasing these materials; (ii) provides instruction on | 15 | | the use of teeth whitening materials with a consumer | 16 | | purchasing these materials; or (iii) provides appropriate | 17 | | equipment on-site to the consumer for the consumer to | 18 | | self-apply teeth whitening materials. | 19 | | The fact that any person engages in or performs, or offers | 20 | | to engage in
or perform, any of the practices, acts, or | 21 | | operations set forth in this
Section, shall be prima facie | 22 | | evidence that such person is engaged in the
practice of | 23 | | dentistry.
| 24 | | The following practices, acts, and operations, however, | 25 | | are exempt from
the operation of this Act:
| 26 | | (a) The rendering of dental relief in emergency cases |
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| 1 | | in the practice
of his or her profession by a physician or | 2 | | surgeon, licensed as such
under the laws of this State, | 3 | | unless he or she undertakes to reproduce or reproduces
| 4 | | lost parts of the human teeth in the mouth or to restore or | 5 | | replace lost
or missing teeth in the mouth; or
| 6 | | (b) The practice of dentistry in the discharge of | 7 | | their official duties
by dentists in any branch of the | 8 | | Armed Services of the United States, the
United States | 9 | | Public Health Service, or the United States Veterans
| 10 | | Administration; or
| 11 | | (c) The practice of dentistry by students in their | 12 | | course of study
in dental schools or colleges approved by | 13 | | the Department, when acting under the
direction and | 14 | | supervision of dentists acting as instructors; or
| 15 | | (d) The practice of dentistry by clinical instructors | 16 | | in the course of
their teaching duties in dental schools | 17 | | or colleges approved by the
Department:
| 18 | | (i) when acting under the direction and | 19 | | supervision of dentists,
provided that such clinical | 20 | | instructors have instructed continuously in
this State | 21 | | since January 1, 1986; or
| 22 | | (ii) when holding the rank of full professor at | 23 | | such approved dental
school or college and possessing | 24 | | a current valid license or authorization
to practice | 25 | | dentistry in another country; or
| 26 | | (e) The practice of dentistry by licensed dentists of |
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| 1 | | other states or
countries at meetings of the Illinois | 2 | | State Dental Society or component
parts thereof, alumni | 3 | | meetings of dental colleges, or any other like dental
| 4 | | organizations, while appearing as clinicians; or
| 5 | | (f) The use of X-Ray machines for exposing X-Ray films | 6 | | of dental or oral
tissues by dental hygienists or dental | 7 | | assistants; or
| 8 | | (g) The performance of any dental service by a dental | 9 | | assistant, if such
service is performed under the | 10 | | supervision and full responsibility of a
dentist. In | 11 | | addition, after being authorized by a dentist, a dental | 12 | | assistant may, for the purpose of eliminating pain or | 13 | | discomfort, remove loose, broken, or irritating | 14 | | orthodontic appliances on a patient of record.
| 15 | | For purposes of this paragraph (g), "dental service" | 16 | | is defined to mean
any intraoral procedure or act which | 17 | | shall be prescribed by rule or
regulation of the | 18 | | Department. Dental service, however, shall not include:
| 19 | | (1) Any and all diagnosis of or prescription for | 20 | | treatment of disease,
pain, deformity, deficiency, | 21 | | injury or physical condition of the human teeth
or | 22 | | jaws, or adjacent structures.
| 23 | | (2) Removal of, or restoration of, or addition
to | 24 | | the hard or soft tissues of the oral cavity, except for | 25 | | the placing, carving, and finishing of amalgam | 26 | | restorations and placing, packing, and finishing |
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| 1 | | composite restorations by dental assistants who have | 2 | | had additional formal education and certification. | 3 | | A dental assistant may place, carve, and finish | 4 | | amalgam restorations, place, pack, and finish | 5 | | composite restorations, and place interim restorations | 6 | | if he or she (A) has successfully completed a | 7 | | structured training program as described in item (2) | 8 | | of subsection (g) provided by an educational | 9 | | institution accredited by the Commission on Dental | 10 | | Accreditation, such as a dental school or dental | 11 | | hygiene or dental assistant program, or (B) has at | 12 | | least 4,000 hours of direct clinical patient care | 13 | | experience and has successfully completed a structured | 14 | | training program as described in item (2) of | 15 | | subsection (g) provided by a statewide dental | 16 | | association, approved by the Department to provide | 17 | | continuing education, that has developed and conducted | 18 | | training programs for expanded functions for dental | 19 | | assistants or hygienists. The training program must: | 20 | | (i) include a minimum of 16 hours of didactic study and | 21 | | 14 hours of clinical manikin instruction; all training | 22 | | programs shall include areas of study in nomenclature, | 23 | | caries classifications, oral anatomy, periodontium, | 24 | | basic occlusion, instrumentations, pulp protection | 25 | | liners and bases, dental materials, matrix and wedge | 26 | | techniques, amalgam placement and carving, rubber dam |
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| 1 | | clamp placement, and rubber dam placement and removal; | 2 | | (ii) include an outcome assessment examination that | 3 | | demonstrates competency; (iii) require the supervising | 4 | | dentist to observe and approve the completion of 8 | 5 | | amalgam or composite restorations; and (iv) issue a | 6 | | certificate of completion of the training program, | 7 | | which must be kept on file at the dental office and be | 8 | | made available to the Department upon request. A | 9 | | dental assistant must have successfully completed an | 10 | | approved coronal polishing and dental sealant course | 11 | | prior to taking the amalgam and composite restoration | 12 | | course. | 13 | | A dentist utilizing dental assistants shall not | 14 | | supervise more than 4 dental assistants at any one | 15 | | time for placing, carving, and finishing of amalgam | 16 | | restorations or for placing, packing, and finishing | 17 | | composite restorations.
| 18 | | (3) Any and all correction of malformation of | 19 | | teeth or of the jaws.
| 20 | | (4) Administration of anesthetics, except for | 21 | | monitoring of
nitrous oxide, conscious sedation, deep | 22 | | sedation, and general anesthetic as provided in | 23 | | Section 8.1 of this Act, that may be performed only | 24 | | after successful completion of a training
program | 25 | | approved by the Department. A dentist utilizing dental | 26 | | assistants shall not supervise more than 4 dental |
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| 1 | | assistants at any one time for the monitoring of | 2 | | nitrous oxide.
| 3 | | (5) Removal of calculus from human teeth.
| 4 | | (6) Taking of material or digital scans for final | 5 | | impressions for the fabrication of prosthetic
| 6 | | appliances,
crowns,
bridges, inlays, onlays, or other | 7 | | restorative or replacement
dentistry.
| 8 | | (7) The operative procedure of dental hygiene | 9 | | consisting of oral
prophylactic procedures, except for | 10 | | coronal polishing and pit and fissure sealants,
which | 11 | | may be
performed by a
dental assistant who has | 12 | | successfully completed a training program approved by
| 13 | | the Department. Dental assistants may perform coronal | 14 | | polishing under the
following circumstances: (i) the | 15 | | coronal polishing shall be limited to
polishing the
| 16 | | clinical crown of the tooth and existing restorations, | 17 | | supragingivally; (ii)
the
dental assistant performing | 18 | | the coronal polishing shall be limited to the use
of
| 19 | | rotary instruments using a rubber cup or brush | 20 | | polishing method (air polishing
is
not permitted); and | 21 | | (iii) the supervising dentist shall not supervise more
| 22 | | than 4
dental assistants at any one time for the task | 23 | | of coronal polishing or pit and fissure sealants.
| 24 | | In addition to coronal polishing and pit and | 25 | | fissure sealants as described in this item (7), a | 26 | | dental assistant who has at least 2,000 hours of |
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| 1 | | direct clinical patient care experience and who has | 2 | | successfully completed a structured training program | 3 | | provided by (1) an educational institution including, | 4 | | but not limited to, such as a dental school or dental | 5 | | hygiene or dental assistant program, or (2) a | 6 | | continuing education provider approved by the | 7 | | Department, or (3) by a statewide dental or dental | 8 | | hygienist association, approved by the Department on | 9 | | or before January 1, 2017 (the effective date of | 10 | | Public Act 99-680), that has developed and conducted a | 11 | | training program for expanded functions for dental | 12 | | assistants or hygienists may perform: (A) coronal | 13 | | scaling above the gum line, supragingivally, on the | 14 | | clinical crown of the tooth only on patients 17 12 | 15 | | years of age or younger who have an absence of | 16 | | periodontal disease and who are not medically | 17 | | compromised or individuals with special needs and (B) | 18 | | intracoronal temporization of a tooth. The training | 19 | | program must: (I) include a minimum of 32 16 hours of | 20 | | instruction in both didactic and clinical manikin or | 21 | | human subject instruction; all training programs shall | 22 | | include areas of study in dental anatomy, public | 23 | | health dentistry, medical history, dental emergencies, | 24 | | and managing the pediatric patient; (II) include an | 25 | | outcome assessment examination that demonstrates | 26 | | competency; (III) require the supervising dentist to |
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| 1 | | observe and approve the completion of 6 full mouth | 2 | | supragingival scaling procedures unless the training | 3 | | was received as part of a Commission on Dental | 4 | | Accreditation approved dental assistant program ; and | 5 | | (IV) issue a certificate of completion of the training | 6 | | program, which must be kept on file at the dental | 7 | | office and be made available to the Department upon | 8 | | request. A dental assistant must have successfully | 9 | | completed an approved coronal polishing course prior | 10 | | to taking the coronal scaling course. A dental | 11 | | assistant performing these functions shall be limited | 12 | | to the use of hand instruments only. In addition, | 13 | | coronal scaling as described in this paragraph shall | 14 | | only be utilized on patients who are eligible for | 15 | | Medicaid , or who are uninsured , or and whose household | 16 | | income is not greater than 300% 200% of the federal | 17 | | poverty level. A dentist may not supervise more than 2 | 18 | | dental assistants at any one time for the task of | 19 | | coronal scaling. This paragraph is inoperative on and | 20 | | after January 1, 2026. | 21 | | The limitations on the number of dental assistants a | 22 | | dentist may supervise contained in items (2), (4), and (7) | 23 | | of this paragraph (g) mean a limit of 4 total dental | 24 | | assistants or dental hygienists doing expanded functions | 25 | | covered by these Sections being supervised by one dentist; | 26 | | or |
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| 1 | | (h) The practice of dentistry by an individual who:
| 2 | | (i) has applied in writing to the Department, in | 3 | | form and substance
satisfactory to the Department, for | 4 | | a general dental license and has
complied with all | 5 | | provisions of Section 9 of this Act, except for the
| 6 | | passage of the examination specified in subsection (e) | 7 | | of Section 9 of this
Act; or
| 8 | | (ii) has applied in writing to the Department, in | 9 | | form and substance
satisfactory to the Department, for | 10 | | a temporary dental license and has
complied with all | 11 | | provisions of subsection (c) of Section 11 of this | 12 | | Act; and
| 13 | | (iii) has been accepted or appointed for specialty | 14 | | or residency training
by a hospital situated in this | 15 | | State; or
| 16 | | (iv) has been accepted or appointed for specialty | 17 | | training in an
approved dental program situated in | 18 | | this State; or
| 19 | | (v) has been accepted or appointed for specialty | 20 | | training in a dental
public health agency situated in | 21 | | this State.
| 22 | | The applicant shall be permitted to practice dentistry | 23 | | for a period of 3
months from the starting date of the | 24 | | program, unless authorized in writing
by the Department to | 25 | | continue such practice for a period specified in
writing | 26 | | by the Department.
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| 1 | | The applicant shall only be entitled to perform such | 2 | | acts as may be
prescribed by and incidental to his or her | 3 | | program of residency or specialty
training and shall not | 4 | | otherwise engage in the practice of dentistry in this
| 5 | | State.
| 6 | | The authority to practice shall terminate immediately | 7 | | upon:
| 8 | | (1) the decision of the Department that the | 9 | | applicant has failed the
examination; or
| 10 | | (2) denial of licensure by the Department; or
| 11 | | (3) withdrawal of the application.
| 12 | | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21.)
| 13 | | (225 ILCS 25/17.1) | 14 | | (Section scheduled to be repealed on January 1, 2026) | 15 | | Sec. 17.1. Expanded function dental assistants. | 16 | | (a) A dental assistant who has completed training as | 17 | | provided in subsection (b) of this Section in all of the | 18 | | following areas may hold himself or herself out as an expanded | 19 | | function dental assistant: | 20 | | (1) Taking material or digital scans for final | 21 | | impressions after completing a training program that | 22 | | includes either didactic objectives or clinical skills and | 23 | | functions that demonstrate competency. | 24 | | (2) Performing pulp vitality test after completing a | 25 | | training program that includes either didactic objectives |
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| 1 | | or clinical skills and functions that demonstrate | 2 | | competency. | 3 | | (3) Placing, carving, and finishing of amalgam | 4 | | restorations and placing, packing, and finishing composite | 5 | | restorations as allowed under Section 17. | 6 | | (3.5) Coronal scaling as allowed under Section 17. | 7 | | (4) Starting the flow of oxygen and monitoring of | 8 | | nitrous oxide-oxygen analgesia as allowed under Section | 9 | | 17. | 10 | | (5) Coronal polishing and pit and fissure sealants as | 11 | | allowed under Section 17. | 12 | | (6) Intracoronal temporization of a tooth. | 13 | | All procedures listed in paragraphs (1) through (6) (5) | 14 | | for dental assistants must be performed under the supervision | 15 | | of a dentist, requiring the dentist authorizes the procedure, | 16 | | remains in the dental facility while the procedure is | 17 | | performed, and approves the work performed by the dental | 18 | | assistant before dismissal of the patient, but the dentist is | 19 | | not required to be present at all times in the treatment room. | 20 | | After the completion of training as provided in subsection | 21 | | (b) of this Section, an expanded function dental assistant may | 22 | | perform any of the services listed in this subsection (a) | 23 | | pursuant to the limitations of this Act. | 24 | | (b) Certification and training as an expanded function | 25 | | dental assistant must be obtained from one of the following | 26 | | sources: (i) an approved continuing education sponsor; (ii) a |
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| 1 | | dental assistant training program approved by the Commission | 2 | | on Dental Accreditation of the American Dental Association; or | 3 | | (iii) a training program approved by the Department. | 4 | | Training required under this subsection (b) must also | 5 | | include Basic Life Support certification, as described in | 6 | | Section 16 of this Act. Proof of current certification shall | 7 | | be kept on file with the supervising dentist. | 8 | | (c) Any procedures listed in subsection (a) that are | 9 | | performed by an expanded function dental assistant must be | 10 | | approved by the supervising dentist and examined prior to | 11 | | dismissal of the patient. The supervising dentist shall be | 12 | | responsible for all dental services or procedures performed by | 13 | | the dental assistant. | 14 | | (d) Nothing in this Section shall be construed to alter | 15 | | the number of dental assistants that a dentist may supervise | 16 | | under paragraph (g) of Section 17 of this Act. | 17 | | (e) Nothing in this Act shall: (1) require a dental | 18 | | assistant to be certified as an expanded function dental | 19 | | assistant or (2) prevent a dentist from training dental | 20 | | assistants in accordance with the provisions of Section 17 or | 21 | | 17.1 of this Act or rules pertaining to dental assistant | 22 | | duties.
| 23 | | (Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19; | 24 | | 101-162, eff. 7-26-19.)
| 25 | | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
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| 1 | | (Section scheduled to be repealed on January 1, 2026)
| 2 | | Sec. 18. Acts constituting the practice of dental hygiene;
| 3 | | limitations. | 4 | | (a) A person practices dental hygiene within the meaning | 5 | | of this Act when
he or she performs the following acts under | 6 | | the supervision of a dentist:
| 7 | | (i) the operative procedure of dental hygiene, | 8 | | consisting of oral
prophylactic procedures;
| 9 | | (ii) the exposure and processing of X-Ray films of the | 10 | | teeth and
surrounding structures;
| 11 | | (iii) the application to the surfaces of the teeth or | 12 | | gums of chemical
compounds designed to be desensitizing | 13 | | agents or effective agents in the
prevention of dental | 14 | | caries or periodontal disease;
| 15 | | (iv) all services which may be performed by a
dental | 16 | | assistant as specified by rule pursuant to Section 17, and | 17 | | a dental hygienist may engage in the placing, carving, and | 18 | | finishing of amalgam restorations only after obtaining | 19 | | formal education and certification as determined by the | 20 | | Department;
| 21 | | (v) administration and monitoring of nitrous oxide | 22 | | upon successful
completion of a
training program approved | 23 | | by the Department;
| 24 | | (vi) administration of local anesthetics upon | 25 | | successful completion of
a
training program approved by | 26 | | the Department; and
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| 1 | | (vii) such other procedures and acts as shall be | 2 | | prescribed
by
rule or regulation of the Department.
| 3 | | (b) A dental hygienist may be employed or engaged only:
| 4 | | (1) by a dentist;
| 5 | | (2) by a federal, State, county, or municipal agency | 6 | | or institution;
| 7 | | (3) by a public or private school; or
| 8 | | (4) by a public clinic operating under the direction | 9 | | of a hospital or
federal,
State, county, municipal, or | 10 | | other public agency or institution.
| 11 | | (c) When employed or engaged in the office of a dentist, a | 12 | | dental hygienist
may
perform, under general supervision, those | 13 | | procedures found in items (i) through
(iv) of
subsection (a) | 14 | | of this Section, provided the patient has been examined by the
| 15 | | dentist
within one year of the provision of dental hygiene | 16 | | services, the dentist has
approved the
dental hygiene services | 17 | | by a notation in the patient's record and the patient
has been
| 18 | | notified that the dentist may be out of the office during the | 19 | | provision of
dental hygiene
services.
| 20 | | (d) If a patient of record is unable to travel to a dental | 21 | | office because of
illness,
infirmity, or
imprisonment, a | 22 | | dental hygienist may perform, under the general supervision of
| 23 | | a dentist,
those procedures found in items (i) through (iv) of | 24 | | subsection (a) of this
Section,
provided the patient is | 25 | | located in a long-term care facility licensed by the
State of | 26 | | Illinois,
a mental health or developmental disability |
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| 1 | | facility, or a State or federal
prison. The dentist
shall | 2 | | either personally examine and diagnose the patient or utilize | 3 | | approved teledentistry communication methods and determine | 4 | | which
services are necessary to be performed, which shall be | 5 | | contained in an order to the hygienist and a notation in the | 6 | | patient's record.
Such order must be implemented within 45 120 | 7 | | days
of its issuance, and an updated medical history and | 8 | | observation of oral
conditions
must be performed by the | 9 | | hygienist immediately prior to beginning the
procedures to | 10 | | ensure that the patient's health has not changed in any
manner | 11 | | to warrant a reexamination by the dentist.
| 12 | | (e) School-based oral health care,
consisting of and | 13 | | limited to oral prophylactic
procedures, sealants, and | 14 | | fluoride treatments,
may be provided by a dental hygienist
| 15 | | under the general supervision of a dentist. A dental hygienist | 16 | | may not provide
other dental hygiene treatment in a | 17 | | school-based setting, including but not
limited to | 18 | | administration or monitoring of nitrous oxide or | 19 | | administration of
local anesthetics. The school-based | 20 | | procedures may be performed provided the
patient is located at | 21 | | a public or private school and the program is being
conducted | 22 | | by a State, county or local public health department | 23 | | initiative or in
conjunction with a dental school or dental | 24 | | hygiene program.
The dentist shall personally examine and | 25 | | diagnose the patient and
determine
which services are | 26 | | necessary to be performed, which shall be contained in an
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| 1 | | order to the
hygienist and a notation in the patient's record. | 2 | | Any such order for sealants must be implemented within 120 | 3 | | days after its issuance. Any such order for oral prophylactic | 4 | | procedures or fluoride treatments must be implemented within | 5 | | 180 days after its issuance. An updated medical history and | 6 | | observation of
oral conditions
must be
performed by the | 7 | | hygienist immediately prior to beginning the procedures to
| 8 | | ensure that
the patient's health has not changed in any manner | 9 | | to warrant a reexamination
by the
dentist.
| 10 | | (f) Without the supervision of a dentist, a dental | 11 | | hygienist
may perform
dental health education functions , | 12 | | including instruction in proper oral health care and dental | 13 | | hygiene in either a school setting or long-term care facility. | 14 | | In addition, a dental hygienist may record care histories and | 15 | | oral conditions observed at any time prior to a clinical exam | 16 | | by a dentist and may record case histories and oral
conditions | 17 | | observed .
| 18 | | (g) The number of dental hygienists practicing in a dental | 19 | | office shall
not
exceed, at any one time, 4 times the number of | 20 | | dentists practicing in the
office at the time.
| 21 | | (h) A dental hygienist who is certified as a public health | 22 | | dental hygienist may provide services to patients: (1) who are | 23 | | eligible for Medicaid or (2) who are uninsured and whose | 24 | | household income is not greater than 300% 200% of the federal | 25 | | poverty level. A public health dental hygienist may perform | 26 | | oral assessments, perform screenings, and provide educational |
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| 1 | | and preventative services as provided in subsection (b) of | 2 | | Section 18.1 of this Act. The public health dental hygienist | 3 | | may not administer local anesthesia or nitrous oxide, or | 4 | | place, carve, or finish amalgam restorations or provide | 5 | | periodontal therapy under this exception. Each patient must | 6 | | sign a consent form that acknowledges that the care received | 7 | | does not take the place of a regular dental examination. The | 8 | | public health dental hygienist must provide the patient or | 9 | | guardian a written referral to a dentist for assessment of the | 10 | | need for further dental care at the time of treatment. Any | 11 | | indication or observation of a condition that could warrant | 12 | | the need for urgent attention must be reported immediately to | 13 | | the supervising dentist for appropriate assessment and | 14 | | treatment. | 15 | | This subsection (h) is inoperative on and after January 1, | 16 | | 2026. | 17 | | (i) A dental hygienist performing procedures listed in | 18 | | paragraphs (1) through (4) of subsection (a) of Section 17.1 | 19 | | must be under the supervision of a dentist, requiring the | 20 | | dentist authorizes the procedure, remains in the dental | 21 | | facility while the procedure is performed, and approves the | 22 | | work performed by the dental hygienist before dismissal of the | 23 | | patient, but the dentist is not required to be present at all | 24 | | times in the treatment room. | 25 | | (j) A dental hygienist may perform actions described in | 26 | | paragraph (5) of subsection (a) of Section 17.1 under the |
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| 1 | | general supervision of a dentist as described in this Section. | 2 | | (Source: P.A. 100-976, eff. 1-1-19; 101-162, eff. 7-26-19.)
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