Illinois General Assembly - Full Text of SB1296
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Full Text of SB1296  103rd General Assembly


Sen. Steve McClure

Filed: 3/1/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1296 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 11, 17, 19, 23, and 50 and by adding
6Section 50.1 as follows:
7    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.



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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Board" means the Board of Dentistry.
6    "Dentist" means a person who has received a general
7license pursuant to paragraph (a) of Section 11 of this Act and
8who may perform any intraoral and extraoral procedure required
9in the practice of dentistry and to whom is reserved the
10responsibilities specified in Section 17.
11    "Dental hygienist" means a person who holds a license
12under this Act to perform dental services as authorized by
13Section 18.
14    "Dental assistant" means an appropriately trained person
15who, under the supervision of a dentist, provides dental
16services as authorized by Section 17.
17    "Expanded function dental assistant" means a dental
18assistant who has completed the training required by Section
1917.1 of this Act.
20    "Dental laboratory" means a person, firm, or corporation
22        (i) engages in making, providing, repairing, or
23    altering dental prosthetic appliances and other artificial
24    materials and devices which are returned to a dentist for
25    insertion into the human oral cavity or which come in
26    contact with its adjacent structures and tissues; and



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1        (ii) utilizes or employs a dental technician to
2    provide such services; and
3        (iii) performs such functions only for a dentist or
4    dentists.
5    "Supervision" means supervision of a dental hygienist or a
6dental assistant requiring that a dentist authorize the
7procedure, remain in the dental facility while the procedure
8is performed, and approve the work performed by the dental
9hygienist or dental assistant before dismissal of the patient,
10but does not mean that the dentist must be present at all times
11in the treatment room.
12    "General supervision" means supervision of a dental
13hygienist requiring that the patient be a patient of record,
14that the dentist examine the patient in accordance with
15Section 18 prior to treatment by the dental hygienist, and
16that the dentist authorize the procedures which are being
17carried out by a notation in the patient's record, but not
18requiring that a dentist be present when the authorized
19procedures are being performed. The issuance of a prescription
20to a dental laboratory by a dentist does not constitute
21general supervision.
22    "Public member" means a person who is not a health
23professional. For purposes of board membership, any person
24with a significant financial interest in a health service or
25profession is not a public member.
26    "Dentistry" means the healing art which is concerned with



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1the examination, diagnosis, treatment planning, and care of
2conditions within the human oral cavity and its adjacent
3tissues and structures, as further specified in Section 17.
4    "Branches of dentistry" means the various specialties of
5dentistry which, for purposes of this Act, shall be limited to
6the following: endodontics, oral and maxillofacial surgery,
7orthodontics and dentofacial orthopedics, pediatric dentistry,
8periodontics, prosthodontics, oral and maxillofacial
9radiology, and dental anesthesiology.
10    "Specialist" means a dentist who has received a specialty
11license pursuant to Section 11(b).
12    "Dental technician" means a person who owns, operates, or
13is employed by a dental laboratory and engages in making,
14providing, repairing, or altering dental prosthetic appliances
15and other artificial materials and devices which are returned
16to a dentist for insertion into the human oral cavity or which
17come in contact with its adjacent structures and tissues.
18    "Impaired dentist" or "impaired dental hygienist" means a
19dentist or dental hygienist who is unable to practice with
20reasonable skill and safety because of a physical or mental
21disability as evidenced by a written determination or written
22consent based on clinical evidence, including deterioration
23through the aging process, loss of motor skills, abuse of
24drugs or alcohol, or a psychiatric disorder, of sufficient
25degree to diminish the person's ability to deliver competent
26patient care.



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1    "Nurse" means a registered professional nurse, a certified
2registered nurse anesthetist licensed as an advanced practice
3registered nurse, or a licensed practical nurse licensed under
4the Nurse Practice Act.
5    "Patient of record" means a patient for whom the patient's
6most recent dentist has obtained a relevant medical and dental
7history and on whom the dentist has performed an examination
8and evaluated the condition to be treated.
9    "Dental responder" means a dentist or dental hygienist who
10is appropriately certified in disaster preparedness,
11immunizations, and dental humanitarian medical response
12consistent with the Society of Disaster Medicine and Public
13Health and training certified by the National Incident
14Management System or the National Disaster Life Support
16    "Mobile dental van or portable dental unit" means any
17self-contained or portable dental unit in which dentistry is
18practiced that can be moved, towed, or transported from one
19location to another in order to establish a location where
20dental services can be provided.
21    "Public health dental hygienist" means a hygienist who
22holds a valid license to practice in the State, has 2 years of
23full-time clinical experience or an equivalent of 4,000 hours
24of clinical experience, and has completed at least 42 clock
25hours of additional structured courses in dental education in
26advanced areas specific to public health dentistry.



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1    "Public health setting" means a federally qualified health
2center; a federal, State, or local public health facility;
3Head Start; a special supplemental nutrition program for
4Women, Infants, and Children (WIC) facility; a certified
5school-based health center or school-based oral health
6program; a prison; or a long-term care facility.
7    "Public health supervision" means the supervision of a
8public health dental hygienist by a licensed dentist who has a
9written public health supervision agreement with that public
10health dental hygienist while working in an approved facility
11or program that allows the public health dental hygienist to
12treat patients, without a dentist first examining the patient
13and being present in the facility during treatment, (1) who
14are eligible for Medicaid or (2) who are uninsured and whose
15household income is not greater than 300% 200% of the federal
16poverty level.
17    "Teledentistry" means the use of telehealth systems and
18methodologies in dentistry and includes patient care and
19education delivery using synchronous and asynchronous
20communications under a dentist's authority as provided under
21this Act.
22(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
23102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
25    (225 ILCS 25/11)  (from Ch. 111, par. 2311)



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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 11. Types of dental licenses. The Department shall
3have the authority to issue the following types of licenses:
4    (a) General licenses. The Department shall issue a license
5authorizing practice as a dentist to any person who qualifies
6for a license under this Act.
7    (b) Specialty licenses. The Department shall issue a
8license authorizing practice as a specialist in any particular
9branch of dentistry to any dentist who has complied with the
10requirements established for that particular branch of
11dentistry at the time of making application. The Department
12shall establish additional requirements of any dentist who
13announces or holds himself or herself out to the public as a
14specialist or as being specially qualified in any particular
15branch of dentistry.
16    No dentist shall announce or hold himself or herself out
17to the public as a specialist or as being specially qualified
18in any particular branch of dentistry unless he or she is
19licensed to practice in that specialty of dentistry.
20    The fact that any dentist shall announce by card,
21letterhead, or any other form of communication using terms as
22"Specialist", ," "Practice Limited To", or "Limited to
23Specialty of" with the name of the branch of dentistry
24practiced as a specialty, or shall use equivalent words or
25phrases to announce the same, shall be prima facie evidence
26that the dentist is holding himself or herself out to the



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1public as a specialist.
2    (c) Temporary training licenses. Persons who wish to
3pursue specialty or other advanced clinical educational
4programs in an approved dental school or a hospital situated
5in this State, or persons who wish to pursue programs of
6specialty training in dental public health in public agencies
7in this State, may receive without examination, in the
8discretion of the Department, a temporary training license. In
9order to receive a temporary training license under this
10subsection, an applicant shall furnish satisfactory proof to
11the Department that:
12        (1) The applicant is at least 21 years of age and is of
13    good moral character. In determining moral character under
14    this Section, the Department may take into consideration
15    any felony conviction of the applicant, but such a
16    conviction shall not operate as bar to licensure;
17        (2) The applicant has been accepted or appointed for
18    specialty or residency training by an approved hospital
19    situated in this State, by an approved dental school
20    situated in this State, or by a public health agency in
21    this State the training programs of which are recognized
22    and approved by the Department. The applicant shall
23    indicate the beginning and ending dates of the period for
24    which he or she has been accepted or appointed;
25        (3) The applicant is a graduate of a dental school or
26    college approved and in good standing in the judgment of



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1    the Department. The Department may consider diplomas or
2    certifications of education, or both, accompanied by
3    transcripts of course work and credits awarded to
4    determine if an applicant has graduated from a dental
5    school or college approved and in good standing. The
6    Department may also consider diplomas or certifications of
7    education, or both, accompanied by transcripts of course
8    work and credits awarded in determining whether a dental
9    school or college is approved and in good standing.
10    Temporary training licenses issued under this Section
11shall be valid only for the duration of the period of residency
12or specialty training and may be extended or renewed as
13prescribed by rule. The holder of a valid temporary training
14license shall be entitled thereby to perform acts as may be
15prescribed by and incidental to his or her program of
16residency or specialty training; but he or she shall not be
17entitled to engage in the practice of dentistry in this State.
18    A temporary training license may be revoked by the
19Department upon proof that the holder has engaged in the
20practice of dentistry in this State outside of his or her
21program of residency or specialty training, or if the holder
22shall fail to supply the Department, within 10 days of its
23request, with information as to his or her current status and
24activities in his or her specialty training program.
25    (d) Faculty limited licenses. Persons who have received
26full-time appointments to teach dentistry at an approved



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1dental school or hospital situated in this State may receive
2without examination, in the discretion of the Department, a
3faculty limited license. In order to receive a faculty limited
4license an applicant shall furnish satisfactory proof to the
5Department that:
6        (1) The applicant is at least 21 years of age, is of
7    good moral character, and is licensed to practice
8    dentistry in another state or country; and
9        (2) The applicant has a full-time appointment to teach
10    dentistry at an approved dental school or hospital
11    situated in this State.
12    Faculty limited licenses issued under this Section shall
13be valid for a period of 3 years and may be extended or
14renewed. The holder of a valid faculty limited license may
15perform acts as may be required by his or her teaching of
16dentistry. The In addition, the holder of a faculty limited
17license may practice general dentistry or in his or her area of
18specialty, but only in a clinic or office affiliated with the
19dental school. The holder of a faculty limited license may
20advertise a specialty degree as part of the licensee's ability
21to practice in a faculty practice. Any faculty limited license
22issued to a faculty member under this Section shall terminate
23immediately and automatically, without any further action by
24the Department, if the holder ceases to be a faculty member at
25an approved dental school or hospital in this State.
26    The Department may revoke a faculty limited license for a



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1violation of this Act or its rules, or if the holder fails to
2supply the Department, within 10 days of its request, with
3information as to his or her current status and activities in
4his or her teaching program.
5    (e) Inactive status. Any person who holds one of the
6licenses under subsection (a) or (b) of Section 11 or under
7Section 12 of this Act may elect, upon payment of the required
8fee, to place his or her license on an inactive status and
9shall, subject to the rules of the Department, be excused from
10the payment of renewal fees until he or she notifies the
11Department in writing of his or her desire to resume active
13    Any licensee requesting restoration from inactive status
14shall be required to pay the current renewal fee and upon
15payment the Department shall be required to restore his or her
16license, as provided in Section 16 of this Act.
17    Any licensee whose license is in an inactive status shall
18not practice in the State of Illinois.
19    (f) Certificates of Identification. In addition to the
20licenses authorized by this Section, the Department shall
21deliver to each dentist a certificate of identification in a
22form specified by the Department.
23(Source: P.A. 100-976, eff. 1-1-19.)
24    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
25    (Section scheduled to be repealed on January 1, 2026)



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1    Sec. 17. Acts constituting the practice of dentistry. A
2person practices dentistry, within the meaning of this Act:
3        (1) Who represents himself or herself as being able to
4    diagnose or diagnoses, treats, prescribes, or operates for
5    any disease, pain, deformity, deficiency, injury, or
6    physical condition of the human tooth, teeth, alveolar
7    process, gums, or jaw; or
8        (2) Who is a manager, proprietor, operator, or
9    conductor of a business where dental operations are
10    performed; or
11        (3) Who performs dental operations of any kind; or
12        (4) Who uses an X-Ray machine or X-Ray films for
13    dental diagnostic purposes; or
14        (5) Who extracts a human tooth or teeth, or corrects
15    or attempts to correct malpositions of the human teeth or
16    jaws; or
17        (6) Who offers or undertakes, by any means or method,
18    to diagnose, treat, or remove stains, calculus, and
19    bonding materials from human teeth or jaws; or
20        (7) Who uses or administers local or general
21    anesthetics in the treatment of dental or oral diseases or
22    in any preparation incident to a dental operation of any
23    kind or character; or
24        (8) Who takes material or digital scans for final
25    impressions of the human tooth, teeth, or jaws or performs
26    any phase of any operation incident to the replacement of



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1    a part of a tooth, a tooth, teeth, or associated tissues by
2    means of a filling, crown, a bridge, a denture, or other
3    appliance; or
4        (9) Who offers to furnish, supply, construct,
5    reproduce, or repair, or who furnishes, supplies,
6    constructs, reproduces, or repairs, prosthetic dentures,
7    bridges, or other substitutes for natural teeth, to the
8    user or prospective user thereof; or
9        (10) Who instructs students on clinical matters or
10    performs any clinical operation included in the curricula
11    of recognized dental schools and colleges; or
12        (11) Who takes material or digital scans for final
13    impressions of human teeth or places his or her hands in
14    the mouth of any person for the purpose of applying teeth
15    whitening materials, or who takes impressions of human
16    teeth or places his or her hands in the mouth of any person
17    for the purpose of assisting in the application of teeth
18    whitening materials. A person does not practice dentistry
19    when he or she discloses to the consumer that he or she is
20    not licensed as a dentist under this Act and (i) discusses
21    the use of teeth whitening materials with a consumer
22    purchasing these materials; (ii) provides instruction on
23    the use of teeth whitening materials with a consumer
24    purchasing these materials; or (iii) provides appropriate
25    equipment on-site to the consumer for the consumer to
26    self-apply teeth whitening materials.



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1    The fact that any person engages in or performs, or offers
2to engage in or perform, any of the practices, acts, or
3operations set forth in this Section, shall be prima facie
4evidence that such person is engaged in the practice of
6    The following practices, acts, and operations, however,
7are exempt from the operation of this Act:
8        (a) The rendering of dental relief in emergency cases
9    in the practice of his or her profession by a physician or
10    surgeon, licensed as such under the laws of this State,
11    unless he or she undertakes to reproduce or reproduces
12    lost parts of the human teeth in the mouth or to restore or
13    replace lost or missing teeth in the mouth; or
14        (b) The practice of dentistry in the discharge of
15    their official duties by dentists in any branch of the
16    Armed Services of the United States, the United States
17    Public Health Service, or the United States Veterans
18    Administration; or
19        (c) The practice of dentistry by students in their
20    course of study in dental schools or colleges approved by
21    the Department, when acting under the direction and
22    supervision of dentists acting as instructors; or
23        (d) The practice of dentistry by clinical instructors
24    in the course of their teaching duties in dental schools
25    or colleges approved by the Department:
26            (i) when acting under the direction and



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1        supervision of dentists, provided that such clinical
2        instructors have instructed continuously in this State
3        since January 1, 1986; or
4            (ii) when holding the rank of full professor at
5        such approved dental school or college and possessing
6        a current valid license or authorization to practice
7        dentistry in another country; or
8        (e) The practice of dentistry by licensed dentists of
9    other states or countries at meetings of the Illinois
10    State Dental Society or component parts thereof, alumni
11    meetings of dental colleges, or any other like dental
12    organizations, while appearing as clinicians; or
13        (f) The use of X-Ray machines for exposing X-Ray films
14    of dental or oral tissues by dental hygienists or dental
15    assistants; or
16        (g) The performance of any dental service by a dental
17    assistant, if such service is performed under the
18    supervision and full responsibility of a dentist. In
19    addition, after being authorized by a dentist, a dental
20    assistant may, for the purpose of eliminating pain or
21    discomfort, remove loose, broken, or irritating
22    orthodontic appliances on a patient of record.
23        For purposes of this paragraph (g), "dental service"
24    is defined to mean any intraoral procedure or act which
25    shall be prescribed by rule or regulation of the
26    Department. "Dental service", however, shall not include:



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1            (1) Any and all diagnosis of or prescription for
2        treatment of disease, pain, deformity, deficiency,
3        injury, or physical condition of the human teeth or
4        jaws, or adjacent structures.
5            (2) Removal of, or restoration of, or addition to
6        the hard or soft tissues of the oral cavity, except for
7        the placing, carving, and finishing of amalgam
8        restorations and placing, packing, and finishing
9        composite restorations by dental assistants who have
10        had additional formal education and certification.
11            A dental assistant may place, carve, and finish
12        amalgam restorations, place, pack, and finish
13        composite restorations, and place interim restorations
14        if he or she (A) has successfully completed a
15        structured training program as described in item (2)
16        of subsection (g) provided by an educational
17        institution accredited by the Commission on Dental
18        Accreditation, such as a dental school or dental
19        hygiene or dental assistant program, or (B) has at
20        least 4,000 hours of direct clinical patient care
21        experience and has successfully completed a structured
22        training program as described in item (2) of
23        subsection (g) provided by a statewide dental
24        association, approved by the Department to provide
25        continuing education, that has developed and conducted
26        training programs for expanded functions for dental



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1        assistants or hygienists. The training program must:
2        (i) include a minimum of 16 hours of didactic study and
3        14 hours of clinical manikin instruction; all training
4        programs shall include areas of study in nomenclature,
5        caries classifications, oral anatomy, periodontium,
6        basic occlusion, instrumentations, pulp protection
7        liners and bases, dental materials, matrix and wedge
8        techniques, amalgam placement and carving, rubber dam
9        clamp placement, and rubber dam placement and removal;
10        (ii) include an outcome assessment examination that
11        demonstrates competency; (iii) require the supervising
12        dentist to observe and approve the completion of 8
13        amalgam or composite restorations; and (iv) issue a
14        certificate of completion of the training program,
15        which must be kept on file at the dental office and be
16        made available to the Department upon request. A
17        dental assistant must have successfully completed an
18        approved coronal polishing and dental sealant course
19        prior to taking the amalgam and composite restoration
20        course.
21            A dentist utilizing dental assistants shall not
22        supervise more than 4 dental assistants at any one
23        time for placing, carving, and finishing of amalgam
24        restorations or for placing, packing, and finishing
25        composite restorations.
26            (3) Any and all correction of malformation of



10300SB1296sam002- 18 -LRB103 05330 SPS 58169 a

1        teeth or of the jaws.
2            (4) Administration of anesthetics, except for
3        monitoring of nitrous oxide, conscious sedation, deep
4        sedation, and general anesthetic as provided in
5        Section 8.1 of this Act, that may be performed only
6        after successful completion of a training program
7        approved by the Department. A dentist utilizing dental
8        assistants shall not supervise more than 4 dental
9        assistants at any one time for the monitoring of
10        nitrous oxide.
11            (5) Removal of calculus from human teeth.
12            (6) Taking of material or digital scans for final
13        impressions for the fabrication of prosthetic
14        appliances, crowns, bridges, inlays, onlays, or other
15        restorative or replacement dentistry.
16            (7) The operative procedure of dental hygiene
17        consisting of oral prophylactic procedures, except for
18        coronal polishing and pit and fissure sealants, which
19        may be performed by a dental assistant who has
20        successfully completed a training program approved by
21        the Department. Dental assistants may perform coronal
22        polishing under the following circumstances: (i) the
23        coronal polishing shall be limited to polishing the
24        clinical crown of the tooth and existing restorations,
25        supragingivally; (ii) the dental assistant performing
26        the coronal polishing shall be limited to the use of



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1        rotary instruments using a rubber cup or brush
2        polishing method (air polishing is not permitted); and
3        (iii) the supervising dentist shall not supervise more
4        than 4 dental assistants at any one time for the task
5        of coronal polishing or pit and fissure sealants.
6            In addition to coronal polishing and pit and
7        fissure sealants as described in this item (7), a
8        dental assistant who has at least 2,000 hours of
9        direct clinical patient care experience and who has
10        successfully completed a structured training program
11        provided by (1) an educational institution including,
12        but not limited to, a dental school or dental hygiene
13        or dental assistant program, or (2) a continuing
14        education provider approved by the Department, or (3)
15        a statewide dental or dental hygienist association,
16        approved by the Department on or before January 1,
17        2017 (the effective date of Public Act 99-680), that
18        has developed and conducted a training program for
19        expanded functions for dental assistants or hygienists
20        may perform: (A) coronal scaling above the gum line,
21        supragingivally, on the clinical crown of the tooth
22        only on patients 17 years of age or younger who have an
23        absence of periodontal disease and who are not
24        medically compromised or individuals with special
25        needs and (B) intracoronal temporization of a tooth.
26        The training program must: (I) include a minimum of 32



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1        hours of instruction in both didactic and clinical
2        manikin or human subject instruction; all training
3        programs shall include areas of study in dental
4        anatomy, public health dentistry, medical history,
5        dental emergencies, and managing the pediatric
6        patient; (II) include an outcome assessment
7        examination that demonstrates competency; (III)
8        require the supervising dentist to observe and approve
9        the completion of 6 full mouth supragingival scaling
10        procedures unless the training was received as part of
11        a Commission on Dental Accreditation approved dental
12        assistant program; and (IV) issue a certificate of
13        completion of the training program, which must be kept
14        on file at the dental office and be made available to
15        the Department upon request. A dental assistant must
16        have successfully completed an approved coronal
17        polishing course prior to taking the coronal scaling
18        course. A dental assistant performing these functions
19        shall be limited to the use of hand instruments only.
20        In addition, coronal scaling as described in this
21        paragraph shall only be utilized on patients who are
22        eligible for Medicaid, who are uninsured, or whose
23        household income is not greater than 300% of the
24        federal poverty level. A dentist may not supervise
25        more than 2 dental assistants at any one time for the
26        task of coronal scaling. This paragraph is inoperative



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1        on and after January 1, 2026.
2        The limitations on the number of dental assistants a
3    dentist may supervise contained in items (2), (4), and (7)
4    of this paragraph (g) mean a limit of 4 total dental
5    assistants or dental hygienists doing expanded functions
6    covered by these Sections being supervised by one dentist;
7    or
8        (h) The practice of dentistry by an individual who:
9            (i) has applied in writing to the Department, in
10        form and substance satisfactory to the Department, for
11        a general dental license and has complied with all
12        provisions of Section 9 of this Act, except for the
13        passage of the examination specified in subsection (e)
14        of Section 9 of this Act; or
15            (ii) has applied in writing to the Department, in
16        form and substance satisfactory to the Department, for
17        a temporary dental license and has complied with all
18        provisions of subsection (c) of Section 11 of this
19        Act; and
20            (iii) has been accepted or appointed for specialty
21        or residency training by a hospital situated in this
22        State; or
23            (iv) has been accepted or appointed for specialty
24        training in an approved dental program situated in
25        this State; or
26            (v) has been accepted or appointed for specialty



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1        training in a dental public health agency situated in
2        this State.
3        The applicant shall be permitted to practice dentistry
4    for a period of 3 months from the starting date of the
5    program, unless authorized in writing by the Department to
6    continue such practice for a period specified in writing
7    by the Department.
8        The applicant shall only be entitled to perform such
9    acts as may be prescribed by and incidental to his or her
10    program of residency or specialty training and shall not
11    otherwise engage in the practice of dentistry in this
12    State.
13        The authority to practice shall terminate immediately
14    upon:
15            (1) the decision of the Department that the
16        applicant has failed the examination; or
17            (2) denial of licensure by the Department; or
18            (3) withdrawal of the application.
19(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
20102-936, eff. 1-1-23.)
21    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 19. Licensing applicants from other states. Any
24person who has been lawfully licensed to practice dentistry,
25including the practice of a licensed dental specialty, or



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1dental hygiene in another state or territory or as a member of
2the military service which has and maintains a standard for
3the practice of dentistry, a dental specialty, or dental
4hygiene at least equal to that now maintained in this State, or
5if the requirements for licensure in such state or territory
6in which the applicant was licensed were, at the date of his or
7her licensure, substantially equivalent to the requirements
8then in force in this State, and who has been lawfully engaged
9in the practice of dentistry or dental hygiene for at least 2 3
10of the 5 years immediately preceding the filing of his or her
11application to practice in this State and who shall deposit
12with the Department a duly attested certificate from the Board
13of the state or territory in which he or she is licensed,
14certifying to the fact of his or her licensing and of his or
15her being a person of good moral character may, upon payment of
16the required fee, be granted a license to practice dentistry,
17a dental specialty, or dental hygiene in this State, as the
18case may be.
19    For the purposes of this Section, "substantially
20equivalent" means that the applicant has presented evidence of
21completion and graduation from an American Dental Association
22accredited dental college or school in the United States or
23Canada, presented evidence that the applicant has passed both
24parts of the National Board Dental Examination, and
25successfully completed an examination conducted by a regional
26testing service. In computing 3 of the immediately preceding 5



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1years of practice in another state or territory, any person
2who left the practice of dentistry to enter the military
3service and who practiced dentistry while in the military
4service may count as a part of such period the time spent by
5him or her in such service.
6    Applicants have 3 years from the date of application to
7complete the application process. If the process has not been
8completed in 3 years, the application shall be denied, the fee
9forfeited and the applicant must reapply and meet the
10requirements in effect at the time of reapplication.
11(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
12    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 23. Refusal, revocation or suspension of dental
15licenses. The Department may refuse to issue or renew, or may
16revoke, suspend, place on probation, reprimand or take other
17disciplinary or non-disciplinary action as the Department may
18deem proper, including imposing fines not to exceed $10,000
19per violation, with regard to any license for any one or any
20combination of the following causes:
21        1. Fraud or misrepresentation in applying for or
22    procuring a license under this Act, or in connection with
23    applying for renewal of a license under this Act.
24        2. Inability to practice with reasonable judgment,
25    skill, or safety as a result of habitual or excessive use



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1    or addiction to alcohol, narcotics, stimulants, or any
2    other chemical agent or drug.
3        3. Willful or repeated violations of the rules of the
4    Department of Public Health or Department of Nuclear
5    Safety.
6        4. Acceptance of a fee for service as a witness,
7    without the knowledge of the court, in addition to the fee
8    allowed by the court.
9        5. Division of fees or agreeing to split or divide the
10    fees received for dental services with any person for
11    bringing or referring a patient, except in regard to
12    referral services as provided for under Section 45, or
13    assisting in the care or treatment of a patient, without
14    the knowledge of the patient or his or her legal
15    representative. Nothing in this item 5 affects any bona
16    fide independent contractor or employment arrangements
17    among health care professionals, health facilities, health
18    care providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this
23    Act. Nothing in this item 5 shall be construed to require
24    an employment arrangement to receive professional fees for
25    services rendered.
26        6. Employing, procuring, inducing, aiding or abetting



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1    a person not licensed or registered as a dentist or dental
2    hygienist to engage in the practice of dentistry or dental
3    hygiene. The person practiced upon is not an accomplice,
4    employer, procurer, inducer, aider, or abetter within the
5    meaning of this Act.
6        7. Making any misrepresentations or false promises,
7    directly or indirectly, to influence, persuade or induce
8    dental patronage.
9        8. Professional connection or association with or
10    lending his or her name to another for the illegal
11    practice of dentistry by another, or professional
12    connection or association with any person, firm or
13    corporation holding himself, herself, themselves, or
14    itself out in any manner contrary to this Act.
15        9. Obtaining or seeking to obtain practice, money, or
16    any other things of value by false or fraudulent
17    representations, but not limited to, engaging in such
18    fraudulent practice to defraud the medical assistance
19    program of the Department of Healthcare and Family
20    Services (formerly Department of Public Aid) under the
21    Illinois Public Aid Code.
22        10. Practicing under a false or, except as provided by
23    law, an assumed name.
24        11. Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public.



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1        12. Conviction by plea of guilty or nolo contendere,
2    finding of guilt, jury verdict, or entry of judgment or by
3    sentencing for any crime, including, but not limited to,
4    convictions, preceding sentences of supervision,
5    conditional discharge, or first offender probation, under
6    the laws of any jurisdiction of the United States that (i)
7    is a felony under the laws of this State or (ii) is a
8    misdemeanor, an essential element of which is dishonesty,
9    or that is directly related to the practice of dentistry.
10        13. Permitting a dental hygienist, dental assistant or
11    other person under his or her supervision to perform any
12    operation not authorized by this Act.
13        14. Permitting more than 4 dental hygienists to be
14    employed under his or her supervision at any one time.
15        15. A violation of any provision of this Act or any
16    rules promulgated under this Act.
17        16. Taking impressions for or using the services of
18    any person, firm or corporation violating this Act.
19        17. Violating any provision of Section 45 relating to
20    advertising.
21        18. Discipline by another U.S. jurisdiction or foreign
22    nation, if at least one of the grounds for the discipline
23    is the same or substantially equivalent to those set forth
24    within this Act.
25        19. Willfully failing to report an instance of
26    suspected child abuse or neglect as required by the Abused



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1    and Neglected Child Reporting Act.
2        20. Gross negligence in practice under this Act.
3        21. The use or prescription for use of narcotics or
4    controlled substances or designated products as listed in
5    the Illinois Controlled Substances Act, in any way other
6    than for therapeutic purposes.
7        22. Willfully making or filing false records or
8    reports in his or her practice as a dentist, including,
9    but not limited to, false records to support claims
10    against the dental assistance program of the Department of
11    Healthcare and Family Services (formerly Illinois
12    Department of Public Aid).
13        23. Professional incompetence as manifested by poor
14    standards of care.
15        24. Physical or mental illness, including, but not
16    limited to, deterioration through the aging process, or
17    loss of motor skills which results in a dentist's
18    inability to practice dentistry with reasonable judgment,
19    skill or safety. In enforcing this paragraph, the
20    Department may compel a person licensed to practice under
21    this Act to submit to a mental or physical examination
22    pursuant to the terms and conditions of Section 23b.
23        25. Gross or repeated irregularities in billing for
24    services rendered to a patient. For purposes of this
25    paragraph 25, "irregularities in billing" shall include:
26            (a) Reporting excessive charges for the purpose of



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1        obtaining a total payment in excess of that usually
2        received by the dentist for the services rendered.
3            (b) Reporting charges for services not rendered.
4            (c) Incorrectly reporting services rendered for
5        the purpose of obtaining payment not earned.
6        26. Continuing the active practice of dentistry while
7    knowingly having any infectious, communicable, or
8    contagious disease proscribed by rule or regulation of the
9    Department.
10        27. Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    pursuant to the Abused and Neglected Child Reporting Act,
13    and upon proof by clear and convincing evidence that the
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        28. Violating the Health Care Worker Self-Referral
18    Act.
19        29. Abandonment of a patient.
20        30. Mental incompetency as declared by a court of
21    competent jurisdiction.
22        31. A finding by the Department that the licensee,
23    after having his or her license placed on probationary
24    status, has violated the terms of probation.
25        32. Material misstatement in furnishing information to
26    the Department.



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1        33. Failing, within 60 days, to provide information in
2    response to a written request by the Department in the
3    course of an investigation.
4        34. Immoral conduct in the commission of any act,
5    including, but not limited to, commission of an act of
6    sexual misconduct related to the licensee's practice.
7        35. Cheating on or attempting to subvert the licensing
8    examination administered under this Act.
9        36. A pattern of practice or other behavior that
10    demonstrates incapacity or incompetence to practice under
11    this Act.
12        37. Failure to establish and maintain records of
13    patient care and treatment as required under this Act.
14        38. Failure to provide copies of dental records as
15    required by law.
16        39. Failure to give notice to patients when closing a
17    dental office.
18    All proceedings to suspend, revoke, place on probationary
19status, or take any other disciplinary action as the
20Department may deem proper, with regard to a license on any of
21the foregoing grounds, must be commenced within 5 years after
22receipt by the Department of a complaint alleging the
23commission of or notice of the conviction order for any of the
24acts described herein. Except for fraud in procuring a
25license, no action shall be commenced more than 7 years after
26the date of the incident or act alleged to have violated this



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1Section. The time during which the holder of the license was
2outside the State of Illinois shall not be included within any
3period of time limiting the commencement of disciplinary
4action by the Department.
5    All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the fine
7or in accordance with the terms set forth in the order imposing
8the fine.
9    The Department may refuse to issue or may suspend the
10license of any person who fails to file a return, or to pay the
11tax, penalty or interest shown in a filed return, or to pay any
12final assessment of tax, penalty or interest, as required by
13any tax Act administered by the Illinois Department of
14Revenue, until such time as the requirements of any such tax
15Act are satisfied.
16    Any dentist who has had his or her license suspended or
17revoked for more than 5 years must comply with the
18requirements for restoration set forth in Section 16 prior to
19being eligible for reinstatement from the suspension or
21(Source: P.A. 99-492, eff. 12-31-15.)
22    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 50. Patient records. Every dentist shall make a
25record of all dental work performed for each patient. The



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1record shall be made in a manner and in sufficient detail that
2it may be used for identification purposes. Dental records are
3the property of the office in which dentistry is practiced.
4    Dental records required by this Section shall be
5maintained for 10 years. Dental records required to be
6maintained under this Section, or copies of those dental
7records, shall be made available upon request to the patient
8or the patient's guardian. A dentist shall be entitled to
9reasonable reimbursement for the cost of reproducing these
10records, which shall not exceed the cost allowed under Section
118-2001 of the Code of Civil Procedure. A dentist providing
12services through a mobile dental van or portable dental unit
13shall provide to the patient or the patient's parent or
14guardian, in writing, the dentist's name, license number,
15address, and information on how the patient or the patient's
16parent or guardian may obtain the patient's dental records, as
17provided by law.
18(Source: P.A. 99-492, eff. 12-31-15.)
19    (225 ILCS 25/50.1 new)
20    Sec. 50.1. Closing a dental office. A dental office that
21is closing and will not continue to offer dentistry services
22must provide notice to the public at least 30 days prior to the
23closure. The notice to the public shall include an explanation
24of how copies of the patient's records may be accessed or
25obtained by the patient. The notice may be given by



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1publication in a newspaper of general circulation in the area
2in which the dental office is located or in an electronic
3format accessible by the public.".