Full Text of SB0214 95th General Assembly
SB0214enr 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 8.1 and 45 as follows:
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| (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 8.1. Permit for the administration of anesthesia and | 9 |
| sedation.
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| (a) No licensed dentist shall administer general | 11 |
| anesthesia , deep sedation, or
conscious sedation without first | 12 |
| applying for and obtaining a
permit for such purpose from the | 13 |
| Department. The Department shall issue
such permit only after | 14 |
| ascertaining that the applicant possesses the
minimum | 15 |
| qualifications necessary to protect public safety. A person | 16 |
| with a
dental degree who administers anesthesia , deep sedation,
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| or conscious sedation
in an
approved
hospital training program | 18 |
| under the supervision of either a licensed
dentist holding such | 19 |
| permit or a physician licensed to practice medicine in
all its | 20 |
| branches shall not be required to obtain such permit.
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| (b) In determining the minimum permit qualifications that | 22 |
| are necessary to protect public safety, the Department, by | 23 |
| rule, shall: |
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| (1) establish the minimum educational and training | 2 |
| requirements necessary for a dentist to be issued an | 3 |
| appropriate permit; | 4 |
| (2) establish the standards for properly equipped | 5 |
| dental facilities (other than licensed hospitals and | 6 |
| ambulatory surgical treatment centers) in which general | 7 |
| anesthesia, deep sedation, or conscious sedation is | 8 |
| administered, as necessary to protect public safety; | 9 |
| (3) establish minimum requirements for all persons who | 10 |
| assist the dentist in the administration of general | 11 |
| anesthesia, deep sedation, or conscious sedation, | 12 |
| including minimum training requirements for each member of | 13 |
| the dental team, monitoring requirements, recordkeeping | 14 |
| requirements, and emergency procedures; and | 15 |
| (4) ensure that the dentist and all persons assisting | 16 |
| the dentist or monitoring the administration of general | 17 |
| anesthesia, deep sedation, or conscious sedation maintain | 18 |
| current certification in Basic Life Support (BLS). | 19 |
| (5) establish continuing education requirements in | 20 |
| sedation techniques for dentists who possess a permit under | 21 |
| this Section. | 22 |
| When establishing requirements under this Section, the | 23 |
| Department shall consider the current American Dental | 24 |
| Association guidelines on sedation and general anesthesia, the | 25 |
| current "Guidelines for Monitoring and Management of Pediatric | 26 |
| Patients During and After Sedation for Diagnostic and |
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| Therapeutic Procedures" established by the American Academy of | 2 |
| Pediatrics and the American Academy of Pediatric Dentistry, and | 3 |
| the current parameters of care and Office Anesthesia Evaluation | 4 |
| (OAE) Manual established by the American Association of Oral | 5 |
| and Maxillofacial Surgeons. | 6 |
| (c) A licensed dentist must hold an appropriate permit | 7 |
| issued under this Section in order to perform dentistry while a | 8 |
| nurse anesthetist administers conscious sedation, and a valid | 9 |
| written practice agreement must exist between the dentist and | 10 |
| the nurse anesthetist, in accordance with the Nursing and | 11 |
| Advanced Practice Nursing Act. | 12 |
| A licensed dentist must hold an appropriate permit issued | 13 |
| under this Section in order to perform dentistry while a nurse | 14 |
| anesthetist administers deep sedation or general anesthesia, | 15 |
| and a valid written practice agreement must exist between the | 16 |
| dentist and the nurse anesthetist, in accordance with the | 17 |
| Nursing and Advanced Practice Nursing Act. | 18 |
| For the purposes of this subsection (c), "nurse | 19 |
| anesthetist" means a licensed certified registered nurse | 20 |
| anesthetist who holds a license as an advanced practice nurse.
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| (Source: P.A. 92-280, eff. 1-1-02 .)
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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 | 25 |
| authorize and
regulate the advertisement by dentists of |
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| information which is intended to
provide the public with a | 2 |
| sufficient basis upon which to make an informed
selection of | 3 |
| dentists while protecting the public from false or misleading
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| advertisements which would detract from the fair and rational | 5 |
| selection
process.
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| Any dentist may advertise the availability of dental | 7 |
| services in the
public media or on the premises where such | 8 |
| dental services are rendered.
Such advertising shall be limited | 9 |
| 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, | 12 |
| address
and telephone;
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| (c) Information pertaining to his or her area of | 14 |
| specialization, including
appropriate board certification or | 15 |
| limitation of professional practice;
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| (d) Information on usual and customary fees for routine | 17 |
| dental services
offered, which information shall include | 18 |
| notification that fees may be
adjusted due to complications or | 19 |
| unforeseen circumstances;
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| (e) Announcement of the opening of, change of, absence | 21 |
| from, or return
to business;
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| (f) Announcement of additions to or deletions from | 23 |
| 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 | 26 |
| practice or the types
of dental services which the dentist |
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| offers to perform which a reasonable
person might regard as | 2 |
| relevant in determining whether to seek the
dentist's services. | 3 |
| However, any advertisement which announces the
availability of | 4 |
| endodontics, pediatric dentistry,
periodontics, | 5 |
| prosthodontics, orthodontics and dentofacial orthopedics,
oral | 6 |
| and maxillofacial
surgery, or oral and maxillofacial radiology | 7 |
| 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 | 9 |
| 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 | 11 |
| do any of the following :
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| (1) Use
To use testimonials or claims of superior | 13 |
| quality of care to
entice the public .
;
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| (2) Advertise
To advertise in any way to practice | 15 |
| dentistry without causing pain .
;
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| (3) Pay
To pay a fee to any dental referral service or | 17 |
| other third party who
advertises a dental referral service, | 18 |
| unless all advertising of the dental
referral service makes | 19 |
| it clear that dentists are paying a fee for that
referral | 20 |
| service .
; or
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| (4) Advertise
To advertise or offer gifts as an | 22 |
| inducement to secure
dental
patronage.
Dentists may | 23 |
| advertise or offer free examinations or free dental | 24 |
| services;
it shall be unlawful, however, for any dentist to | 25 |
| charge a fee to any new
patient for any dental service | 26 |
| provided at the time that such free
examination or free |
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| dental services are provided. | 2 |
| (5) Use the term "sedation dentistry" or similar terms | 3 |
| in advertising unless the advertising dentist holds a valid | 4 |
| and current permit issued by the Department to administer | 5 |
| either general anesthesia, deep sedation, or conscious | 6 |
| sedation as required under Section 8.1 of this Act.
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| This Act does not authorize the advertising of dental | 8 |
| services when the
offeror of such services is not a dentist. | 9 |
| Nor shall the dentist use
statements which contain false, | 10 |
| fraudulent, deceptive or misleading
material or guarantees of | 11 |
| success, statements which play upon the vanity or
fears of the | 12 |
| public, or statements which promote or produce unfair | 13 |
| competition.
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| A dentist shall be required to keep a copy of all | 15 |
| advertisements for a
period of 3 years. All advertisements in | 16 |
| the dentist's possession shall
indicate the accurate date and | 17 |
| place of publication.
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| The Department shall adopt rules to carry out the intent of | 19 |
| this Section.
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| (Source: P.A. 92-280, eff. 1-1-02 .)
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