Full Text of SB0214 95th General Assembly
SB0214eng 95TH GENERAL ASSEMBLY
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LRB095 06272 RAS 26367 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Dental Practice Act is amended by | 5 |
| changing Sections 17 and 45 as follows:
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| (225 ILCS 25/17) (from Ch. 111, par. 2317)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 17. Acts Constituting the Practice of Dentistry. A | 9 |
| person
practices dentistry, within the meaning of this Act:
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| (1) Who represents himself as being able to diagnose or | 11 |
| diagnoses,
treats, prescribes, or operates for any | 12 |
| disease, pain, deformity, deficiency,
injury, or physical | 13 |
| condition of the human tooth, teeth, alveolar process,
gums | 14 |
| or jaw; or
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| (2) Who is a manager, proprietor, operator or conductor | 16 |
| of a
business where
dental operations are performed; or
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| (3) Who performs dental operations of any kind; or
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| (4) Who uses an X-Ray machine or X-Ray films for
dental | 19 |
| diagnostic purposes; or
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| (5) Who extracts a human tooth or teeth, or corrects or | 21 |
| attempts to
correct
malpositions of the human teeth or | 22 |
| jaws; or
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| (6) Who offers or undertakes, by any means or method, |
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| to diagnose, treat
or remove stains, calculus, and bonding | 2 |
| materials from human teeth or jaws; or
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| (7) Who uses or administers local or general | 4 |
| anesthetics in the treatment
of dental or oral diseases or | 5 |
| in any preparation incident to a dental operation
of any | 6 |
| kind or character; or
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| (8) Who takes impressions of the human tooth, teeth, or | 8 |
| jaws or performs
any phase of any operation incident to the | 9 |
| replacement of a part of a tooth,
a tooth, teeth or | 10 |
| associated tissues by means of a filling, crown, a bridge,
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| a denture or other appliance; or
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| (9) Who offers to furnish, supply, construct, | 13 |
| reproduce or repair, or
who furnishes, supplies, | 14 |
| constructs, reproduces or repairs, prosthetic
dentures, | 15 |
| bridges or other substitutes for natural teeth, to the user | 16 |
| or
prospective user thereof; or
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| (10) Who instructs students on clinical matters or | 18 |
| performs any clinical
operation included in the curricula | 19 |
| of recognized dental schools and colleges.
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| The fact that any person engages in or performs, or offers | 21 |
| to engage in
or perform, any of the practices, acts, or | 22 |
| operations set forth in this
Section, shall be prima facie | 23 |
| evidence that such person is engaged in the
practice of | 24 |
| dentistry.
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| The following practices, acts, and operations, however, | 26 |
| are exempt from
the operation of this Act:
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| (a) The rendering of dental relief in emergency cases | 2 |
| in the practice
of his or her profession by a physician or | 3 |
| surgeon, licensed as such
under the laws of this State, | 4 |
| unless he undertakes to reproduce or reproduces
lost parts | 5 |
| of the human teeth in the mouth or to restore or replace | 6 |
| lost
or missing teeth in the mouth; or
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| (b) The practice of dentistry in the discharge of their | 8 |
| official duties
by dentists in any branch of the Armed | 9 |
| Services of the United States, the
United States Public | 10 |
| Health Service, or the United States Veterans
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| Administration; or
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| (c) The practice of dentistry by students in their | 13 |
| course of study
in dental schools or colleges approved by | 14 |
| the Department, when acting under the
direction and | 15 |
| supervision of dentists acting as instructors; or
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| (d) The practice of dentistry by clinical instructors | 17 |
| in the course of
their teaching duties in dental schools or | 18 |
| colleges approved by the
Department:
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| (i) when acting under the direction and | 20 |
| supervision of dentists,
provided that such clinical | 21 |
| instructors have instructed continuously in
this State | 22 |
| since January 1, 1986; or
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| (ii) when holding the rank of full professor at | 24 |
| such approved dental
school or college and possessing a | 25 |
| current valid license or authorization
to practice | 26 |
| dentistry in another country; or
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| (e) The practice of dentistry by licensed dentists of | 2 |
| other states or
countries at meetings of the Illinois State | 3 |
| Dental Society or component
parts thereof, alumni meetings | 4 |
| of dental colleges, or any other like dental
organizations, | 5 |
| while appearing as clinicians; or
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| (f) The use of X-Ray machines for exposing X-Ray films | 7 |
| of dental or oral
tissues by dental hygienists or dental | 8 |
| assistants; or
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| (g) The performance of any dental service by a dental | 10 |
| assistant, if such
service is performed under the | 11 |
| supervision and full responsibility of a
dentist.
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| For purposes of this paragraph (g), "dental service" is | 13 |
| defined to mean
any intraoral procedure or act which shall | 14 |
| be prescribed by rule or
regulation of the Department. | 15 |
| Dental service, however, shall not include:
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| (1) Any and all diagnosis of or prescription for | 17 |
| treatment of disease,
pain, deformity, deficiency, | 18 |
| injury or physical condition of the human teeth
or | 19 |
| jaws, or adjacent structures.
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| (2) Removal of, or restoration of, or addition
to | 21 |
| the hard or soft tissues of the oral cavity.
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| (3) Any and all correction of malformation of teeth | 23 |
| or of the jaws.
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| (4) Administration of anesthetics, except for : | 25 |
| (A) the application of topical
anesthetics ;
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| (B) the monitoring of nitrous oxide , conscious | 2 |
| sedation, deep sedation, and general anesthesia, | 3 |
| each of which . Monitoring of
nitrous oxide may be | 4 |
| performed only after successful completion of a | 5 |
| training
program approved by the Department.
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| (5) Removal of calculus from human teeth.
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| (6) Taking of impressions for the fabrication of | 8 |
| prosthetic
appliances,
crowns,
bridges, inlays, | 9 |
| onlays, or other restorative or replacement
dentistry.
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| (7) The operative procedure of dental hygiene | 11 |
| consisting of oral
prophylactic procedures, except for | 12 |
| coronal polishing,
which may be
performed by a
dental | 13 |
| assistant who has successfully completed a training | 14 |
| program approved by
the Department. Dental assistants | 15 |
| may perform coronal polishing under the
following | 16 |
| circumstances: (i) the coronal polishing shall be | 17 |
| limited to
polishing the
clinical crown of the tooth | 18 |
| and existing restorations, supragingivally; (ii)
the
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| dental assistant performing the coronal polishing | 20 |
| shall be limited to the use
of
rotary instruments using | 21 |
| a rubber cup or brush polishing method (air polishing
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| is
not permitted); and (iii) the supervising dentist | 23 |
| shall not supervise more
than 4
dental assistants at | 24 |
| any one time for the task of coronal polishing.
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| (h) The practice of dentistry by an individual who:
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| (i) has applied in writing to the Department, in |
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| form and substance
satisfactory to the Department, for | 2 |
| a general dental license and has
complied with all | 3 |
| provisions of Section 9 of this Act, except for the
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| passage of the examination specified in subsection | 5 |
| (e), of Section 9, of this
Act; or
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| (ii) has applied in writing to the Department, in | 7 |
| form and substance
satisfactory to the Department, for | 8 |
| a temporary dental license and has
complied with all | 9 |
| provisions of subsection (c), of Section 11, of this | 10 |
| Act; and
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| (iii) has been accepted or appointed for specialty | 12 |
| or residency training
by a hospital situated in this | 13 |
| State; or
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| (iv) has been accepted or appointed for specialty | 15 |
| training in an
approved dental program situated in this | 16 |
| State; or
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| (v) has been accepted or appointed for specialty | 18 |
| training in a dental
public health agency situated in | 19 |
| this State.
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| The applicant shall be permitted to practice dentistry | 21 |
| for a period of 3
months from the starting date of the | 22 |
| program, unless authorized in writing
by the Department to | 23 |
| continue such practice for a period specified in
writing by | 24 |
| the Department.
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| The applicant shall only be entitled to perform such | 26 |
| acts as may be
prescribed by and incidental to their |
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| program of residency or specialty
training and shall not | 2 |
| otherwise engage in the practice of dentistry in this
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| State.
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| The authority to practice shall terminate immediately | 5 |
| upon:
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| (1) the decision of the Department that the | 7 |
| applicant has failed the
examination; or
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| (2) denial of licensure by the Department; or
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| (3) withdrawal of the application.
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| (Source: P.A. 91-594, eff. 1-1-00 .)
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| (225 ILCS 25/45) (from Ch. 111, par. 2345)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 45. Advertising. The purpose of this Section is to | 14 |
| authorize and
regulate the advertisement by dentists of | 15 |
| information which is intended to
provide the public with a | 16 |
| sufficient basis upon which to make an informed
selection of | 17 |
| dentists while protecting the public from false or misleading
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| advertisements which would detract from the fair and rational | 19 |
| selection
process.
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| Any dentist may advertise the availability of dental | 21 |
| services in the
public media or on the premises where such | 22 |
| dental services are rendered.
Such advertising shall be limited | 23 |
| to the following information:
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| (a) The dental services available;
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| (b) Publication of the dentist's name, title, office hours, |
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| address
and telephone;
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| (c) Information pertaining to his or her area of | 3 |
| specialization, including
appropriate board certification or | 4 |
| limitation of professional practice;
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| (d) Information on usual and customary fees for routine | 6 |
| dental services
offered, which information shall include | 7 |
| notification that fees may be
adjusted due to complications or | 8 |
| unforeseen circumstances;
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| (e) Announcement of the opening of, change of, absence | 10 |
| from, or return
to business;
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| (f) Announcement of additions to or deletions from | 12 |
| professional
dental staff;
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| (g) The issuance of business or appointment cards;
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| (h) Other information about the dentist, dentist's | 15 |
| practice or the types
of dental services which the dentist | 16 |
| offers to perform which a reasonable
person might regard as | 17 |
| relevant in determining whether to seek the
dentist's services. | 18 |
| However, any advertisement which announces the
availability of | 19 |
| endodontics, pediatric dentistry,
periodontics, | 20 |
| prosthodontics, orthodontics and dentofacial orthopedics,
oral | 21 |
| and maxillofacial
surgery, or oral and maxillofacial radiology | 22 |
| by a general dentist or by a
licensed specialist who is not
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| licensed in that specialty shall include a disclaimer stating | 24 |
| that the
dentist does not hold a license in that specialty.
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| It is unlawful for any dentist licensed under this Act to | 26 |
| do any of the following :
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| (1) Use
To use testimonials or claims of superior | 2 |
| quality of care to
entice the public .
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| (2) Advertise
To advertise in any way to practice | 4 |
| dentistry without causing pain .
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| (3) Pay
To pay a fee to any dental referral service or | 6 |
| other third party who
advertises a dental referral service, | 7 |
| unless all advertising of the dental
referral service makes | 8 |
| it clear that dentists are paying a fee for that
referral | 9 |
| service .
; or
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| (4) Advertise
To advertise or offer gifts as an | 11 |
| inducement to secure
dental
patronage.
Dentists may | 12 |
| advertise or offer free examinations or free dental | 13 |
| services;
it shall be unlawful, however, for any dentist to | 14 |
| charge a fee to any new
patient for any dental service | 15 |
| provided at the time that such free
examination or free | 16 |
| dental services are provided. | 17 |
| (5) Use the term "sedation dentistry" or similar terms | 18 |
| in advertising unless the advertising dentist holds a valid | 19 |
| and current permit issued by the Department to administer | 20 |
| either general anesthesia or conscious sedation as | 21 |
| required under Section 8.1 of this Act.
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| This Act does not authorize the advertising of dental | 23 |
| services when the
offeror of such services is not a dentist. | 24 |
| Nor shall the dentist use
statements which contain false, | 25 |
| fraudulent, deceptive or misleading
material or guarantees of | 26 |
| success, statements which play upon the vanity or
fears of the |
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| public, or statements which promote or produce unfair | 2 |
| competition.
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| A dentist shall be required to keep a copy of all | 4 |
| advertisements for a
period of 3 years. All advertisements in | 5 |
| the dentist's possession shall
indicate the accurate date and | 6 |
| place of publication.
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| The Department shall adopt rules to carry out the intent of | 8 |
| this Section.
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| (Source: P.A. 92-280, eff. 1-1-02 .)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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