Full Text of SB0290 96th General Assembly
SB0290ham002 96TH GENERAL ASSEMBLY
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Rep. Dan Reitz
Filed: 5/12/2009
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LRB096 04743 ASK 26409 a |
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| AMENDMENT TO SENATE BILL 290
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| AMENDMENT NO. ______. Amend Senate Bill 290, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 1, line 5, immediately after "16", by inserting ", | 5 |
| 17,"; and | 6 |
| on page 4, immediately below line 3, by inserting the | 7 |
| following:
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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| (Section scheduled to be repealed on January 1, 2016)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 | 11 |
| person
practices dentistry, within the meaning of this Act:
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| (1) Who represents himself as being able to diagnose or | 13 |
| diagnoses,
treats, prescribes, or operates for any | 14 |
| disease, pain, deformity, deficiency,
injury, or physical | 15 |
| condition of the human tooth, teeth, alveolar process,
gums | 16 |
| or jaw; or
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| (2) Who is a manager, proprietor, operator or conductor | 2 |
| 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 | 5 |
| diagnostic purposes; or
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| (5) Who extracts a human tooth or teeth, or corrects or | 7 |
| attempts to
correct
malpositions of the human teeth or | 8 |
| jaws; or
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| (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
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| (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
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| (8) Who takes impressions of the human tooth, teeth, or | 17 |
| jaws or performs
any phase of any operation incident to the | 18 |
| replacement of a part of a tooth,
a tooth, teeth or | 19 |
| 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, | 22 |
| reproduce or repair, or
who furnishes, supplies, | 23 |
| constructs, reproduces or repairs, prosthetic
dentures, | 24 |
| bridges or other substitutes for natural teeth, to the user | 25 |
| or
prospective user thereof; or
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| (10) Who instructs students on clinical matters or |
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| performs any clinical
operation included in the curricula | 2 |
| of recognized dental schools and colleges ; or .
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| (11) Who takes impressions of human teeth or places his | 4 |
| or her hands in the mouth of any person for the purpose of | 5 |
| applying teeth whitening materials, or who takes | 6 |
| impressions of human teeth or places his or her hands in | 7 |
| the mouth of any person for the purpose of assisting in the | 8 |
| application of teeth whitening materials. A person does not | 9 |
| practice dentistry when he or she (i) discusses the use of | 10 |
| teeth whitening materials with a consumer purchasing these | 11 |
| materials; (ii) provides instruction on the use of teeth | 12 |
| whitening materials with a consumer purchasing these | 13 |
| materials; or (iii) provides appropriate equipment on-site | 14 |
| to the consumer for the consumer to self-apply teeth | 15 |
| whitening materials. | 16 |
| The fact that any person engages in or performs, or offers | 17 |
| to engage in
or perform, any of the practices, acts, or | 18 |
| operations set forth in this
Section, shall be prima facie | 19 |
| evidence that such person is engaged in the
practice of | 20 |
| dentistry.
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| The following practices, acts, and operations, however, | 22 |
| are exempt from
the operation of this Act:
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| (a) The rendering of dental relief in emergency cases | 24 |
| in the practice
of his or her profession by a physician or | 25 |
| surgeon, licensed as such
under the laws of this State, | 26 |
| unless he undertakes to reproduce or reproduces
lost parts |
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| of the human teeth in the mouth or to restore or replace | 2 |
| lost
or missing teeth in the mouth; or
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| (b) The practice of dentistry in the discharge of their | 4 |
| official duties
by dentists in any branch of the Armed | 5 |
| Services of the United States, the
United States Public | 6 |
| 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 | 9 |
| course of study
in dental schools or colleges approved by | 10 |
| the Department, when acting under the
direction and | 11 |
| supervision of dentists acting as instructors; or
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| (d) The practice of dentistry by clinical instructors | 13 |
| in the course of
their teaching duties in dental schools or | 14 |
| colleges approved by the
Department:
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| (i) when acting under the direction and | 16 |
| supervision of dentists,
provided that such clinical | 17 |
| instructors have instructed continuously in
this State | 18 |
| since January 1, 1986; or
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| (ii) when holding the rank of full professor at | 20 |
| such approved dental
school or college and possessing a | 21 |
| current valid license or authorization
to practice | 22 |
| dentistry in another country; or
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| (e) The practice of dentistry by licensed dentists of | 24 |
| other states or
countries at meetings of the Illinois State | 25 |
| Dental Society or component
parts thereof, alumni meetings | 26 |
| of dental colleges, or any other like dental
organizations, |
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| while appearing as clinicians; or
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| (f) The use of X-Ray machines for exposing X-Ray films | 3 |
| of dental or oral
tissues by dental hygienists or dental | 4 |
| assistants; or
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| (g) The performance of any dental service by a dental | 6 |
| assistant, if such
service is performed under the | 7 |
| supervision and full responsibility of a
dentist.
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| For purposes of this paragraph (g), "dental service" is | 9 |
| defined to mean
any intraoral procedure or act which shall | 10 |
| be prescribed by rule or
regulation of the Department. | 11 |
| Dental service, however, shall not include:
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| (1) Any and all diagnosis of or prescription for | 13 |
| treatment of disease,
pain, deformity, deficiency, | 14 |
| injury or physical condition of the human teeth
or | 15 |
| jaws, or adjacent structures.
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| (2) Removal of, or restoration of, or addition
to | 17 |
| the hard or soft tissues of the oral cavity.
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| (3) Any and all correction of malformation of teeth | 19 |
| or of the jaws.
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| (4) Administration of anesthetics, except for | 21 |
| application of topical
anesthetics and monitoring of | 22 |
| nitrous oxide. Monitoring of
nitrous oxide may be | 23 |
| performed after successful completion of a training
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| 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 |
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| prosthetic
appliances,
crowns,
bridges, inlays, | 2 |
| onlays, or other restorative or replacement
dentistry.
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| (7) The operative procedure of dental hygiene | 4 |
| consisting of oral
prophylactic procedures, except for | 5 |
| coronal polishing,
which may be
performed by a
dental | 6 |
| assistant who has successfully completed a training | 7 |
| program approved by
the Department. Dental assistants | 8 |
| may perform coronal polishing under the
following | 9 |
| circumstances: (i) the coronal polishing shall be | 10 |
| limited to
polishing the
clinical crown of the tooth | 11 |
| and existing restorations, supragingivally; (ii)
the
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| dental assistant performing the coronal polishing | 13 |
| shall be limited to the use
of
rotary instruments using | 14 |
| a rubber cup or brush polishing method (air polishing
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| is
not permitted); and (iii) the supervising dentist | 16 |
| shall not supervise more
than 4
dental assistants at | 17 |
| 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 | 20 |
| form and substance
satisfactory to the Department, for | 21 |
| a general dental license and has
complied with all | 22 |
| provisions of Section 9 of this Act, except for the
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| passage of the examination specified in subsection | 24 |
| (e), of Section 9, of this
Act; or
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| (ii) has applied in writing to the Department, in | 26 |
| form and substance
satisfactory to the Department, for |
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| a temporary dental license and has
complied with all | 2 |
| provisions of subsection (c), of Section 11, of this | 3 |
| Act; and
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| (iii) has been accepted or appointed for specialty | 5 |
| or residency training
by a hospital situated in this | 6 |
| State; or
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| (iv) has been accepted or appointed for specialty | 8 |
| training in an
approved dental program situated in this | 9 |
| State; or
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| (v) has been accepted or appointed for specialty | 11 |
| training in a dental
public health agency situated in | 12 |
| this State.
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| The applicant shall be permitted to practice dentistry | 14 |
| for a period of 3
months from the starting date of the | 15 |
| program, unless authorized in writing
by the Department to | 16 |
| continue such practice for a period specified in
writing by | 17 |
| the Department.
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| The applicant shall only be entitled to perform such | 19 |
| acts as may be
prescribed by and incidental to their | 20 |
| program of residency or specialty
training and shall not | 21 |
| 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 | 24 |
| upon:
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| (1) the decision of the Department that the | 26 |
| 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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