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


Sen. Steve McClure

Filed: 3/16/2023





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9    (Section scheduled to be repealed on January 1, 2026)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



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1website or by contacting the Department.
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation.
6    "Board" means the Board of Dentistry.
7    "Dentist" means a person who has received a general
8license pursuant to paragraph (a) of Section 11 of this Act and
9who may perform any intraoral and extraoral procedure required
10in the practice of dentistry and to whom is reserved the
11responsibilities specified in Section 17.
12    "Dental hygienist" means a person who holds a license
13under this Act to perform dental services as authorized by
14Section 18.
15    "Dental assistant" means an appropriately trained person
16who, under the supervision of a dentist, provides dental
17services as authorized by Section 17.
18    "Expanded function dental assistant" means a dental
19assistant who has completed the training required by Section
2017.1 of this Act.
21    "Dental laboratory" means a person, firm, or corporation
23        (i) engages in making, providing, repairing, or
24    altering dental prosthetic appliances and other artificial
25    materials and devices which are returned to a dentist for
26    insertion into the human oral cavity or which come in



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



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



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1patient care.
2    "Nurse" means a registered professional nurse, a certified
3registered nurse anesthetist licensed as an advanced practice
4registered nurse, or a licensed practical nurse licensed under
5the Nurse Practice Act.
6    "Patient of record" means a patient for whom the patient's
7most recent dentist has obtained a relevant medical and dental
8history and on whom the dentist has performed an examination
9and evaluated the condition to be treated.
10    "Dental responder" means a dentist or dental hygienist who
11is appropriately certified in disaster preparedness,
12immunizations, and dental humanitarian medical response
13consistent with the Society of Disaster Medicine and Public
14Health and training certified by the National Incident
15Management System or the National Disaster Life Support
17    "Mobile dental van or portable dental unit" means any
18self-contained or portable dental unit in which dentistry is
19practiced that can be moved, towed, or transported from one
20location to another in order to establish a location where
21dental services can be provided.
22    "Public health dental hygienist" means a hygienist who
23holds a valid license to practice in the State, has 2 years of
24full-time clinical experience or an equivalent of 4,000 hours
25of clinical experience, and has completed at least 42 clock
26hours of additional structured courses in dental education in



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1advanced areas specific to public health dentistry.
2    "Public health setting" means a federally qualified health
3center; a federal, State, or local public health facility;
4Head Start; a special supplemental nutrition program for
5Women, Infants, and Children (WIC) facility; a certified
6school-based health center or school-based oral health
7program; a prison; or a long-term care facility.
8    "Public health supervision" means the supervision of a
9public health dental hygienist by a licensed dentist who has a
10written public health supervision agreement with that public
11health dental hygienist while working in an approved facility
12or program that allows the public health dental hygienist to
13treat patients, without a dentist first examining the patient
14and being present in the facility during treatment, (1) who
15are eligible for Medicaid or (2) who are uninsured and whose
16household income is not greater than 300% 200% of the federal
17poverty level.
18    "Teledentistry" means the use of telehealth systems and
19methodologies in dentistry and includes patient care and
20education delivery using synchronous and asynchronous
21communications under a dentist's authority as provided under
22this Act.
23(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
24102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.



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1    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 11. Types of dental licenses. The Department shall
4have the authority to issue the following types of licenses:
5    (a) General licenses. The Department shall issue a license
6authorizing practice as a dentist to any person who qualifies
7for a license under this Act.
8    (b) Specialty licenses. The Department shall issue a
9license authorizing practice as a specialist in any particular
10branch of dentistry to any dentist who has complied with the
11requirements established for that particular branch of
12dentistry at the time of making application. The Department
13shall establish additional requirements of any dentist who
14announces or holds himself or herself out to the public as a
15specialist or as being specially qualified in any particular
16branch of dentistry.
17    No dentist shall announce or hold himself or herself out
18to the public as a specialist or as being specially qualified
19in any particular branch of dentistry unless he or she is
20licensed to practice in that specialty of dentistry.
21    The fact that any dentist shall announce by card,
22letterhead, or any other form of communication using terms as
23"Specialist", ," "Practice Limited To", or "Limited to
24Specialty of" with the name of the branch of dentistry
25practiced as a specialty, or shall use equivalent words or
26phrases to announce the same, shall be prima facie evidence



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



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



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



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



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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 17. Acts constituting the practice of dentistry. A
3person practices dentistry, within the meaning of this Act:
4        (1) Who represents himself or herself as being able to
5    diagnose or diagnoses, treats, prescribes, or operates for
6    any disease, pain, deformity, deficiency, injury, or
7    physical condition of the human tooth, teeth, alveolar
8    process, gums, or jaw; or
9        (2) Who is a manager, proprietor, operator, or
10    conductor of a business where dental operations are
11    performed; or
12        (3) Who performs dental operations of any kind; or
13        (4) Who uses an X-Ray machine or X-Ray films for
14    dental diagnostic purposes; or
15        (5) Who extracts a human tooth or teeth, or corrects
16    or attempts to correct malpositions of the human teeth or
17    jaws; or
18        (6) Who offers or undertakes, by any means or method,
19    to diagnose, treat, or remove stains, calculus, and
20    bonding materials from human teeth or jaws; or
21        (7) Who uses or administers local or general
22    anesthetics in the treatment of dental or oral diseases or
23    in any preparation incident to a dental operation of any
24    kind or character; or
25        (8) Who takes material or digital scans for final
26    impressions of the human tooth, teeth, or jaws or performs



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



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1    self-apply teeth whitening materials.
2    The fact that any person engages in or performs, or offers
3to engage in or perform, any of the practices, acts, or
4operations set forth in this Section, shall be prima facie
5evidence that such person is engaged in the practice of
7    The following practices, acts, and operations, however,
8are exempt from the operation of this Act:
9        (a) The rendering of dental relief in emergency cases
10    in the practice of his or her profession by a physician or
11    surgeon, licensed as such under the laws of this State,
12    unless he or she undertakes to reproduce or reproduces
13    lost parts of the human teeth in the mouth or to restore or
14    replace lost or missing teeth in the mouth; or
15        (b) The practice of dentistry in the discharge of
16    their official duties by dentists in any branch of the
17    Armed Services of the United States, the United States
18    Public Health Service, or the United States Veterans
19    Administration; or
20        (c) The practice of dentistry by students in their
21    course of study in dental schools or colleges approved by
22    the Department, when acting under the direction and
23    supervision of dentists acting as instructors; or
24        (d) The practice of dentistry by clinical instructors
25    in the course of their teaching duties in dental schools
26    or colleges approved by the Department:



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1            (i) when acting under the direction and
2        supervision of dentists, provided that such clinical
3        instructors have instructed continuously in this State
4        since January 1, 1986; or
5            (ii) when holding the rank of full professor at
6        such approved dental school or college and possessing
7        a current valid license or authorization to practice
8        dentistry in another country; or
9        (e) The practice of dentistry by licensed dentists of
10    other states or countries at meetings of the Illinois
11    State Dental Society or component parts thereof, alumni
12    meetings of dental colleges, or any other like dental
13    organizations, while appearing as clinicians; or
14        (f) The use of X-Ray machines for exposing X-Ray films
15    of dental or oral tissues by dental hygienists or dental
16    assistants; or
17        (g) The performance of any dental service by a dental
18    assistant, if such service is performed under the
19    supervision and full responsibility of a dentist. In
20    addition, after being authorized by a dentist, a dental
21    assistant may, for the purpose of eliminating pain or
22    discomfort, remove loose, broken, or irritating
23    orthodontic appliances on a patient of record.
24        For purposes of this paragraph (g), "dental service"
25    is defined to mean any intraoral procedure or act which
26    shall be prescribed by rule or regulation of the



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1    Department. "Dental service", however, shall not include:
2            (1) Any and all diagnosis of or prescription for
3        treatment of disease, pain, deformity, deficiency,
4        injury, or physical condition of the human teeth or
5        jaws, or adjacent structures.
6            (2) Removal of, or restoration of, or addition to
7        the hard or soft tissues of the oral cavity, except for
8        the placing, carving, and finishing of amalgam
9        restorations and placing, packing, and finishing
10        composite restorations by dental assistants who have
11        had additional formal education and certification.
12            A dental assistant may place, carve, and finish
13        amalgam restorations, place, pack, and finish
14        composite restorations, and place interim restorations
15        if he or she (A) has successfully completed a
16        structured training program as described in item (2)
17        of subsection (g) provided by an educational
18        institution accredited by the Commission on Dental
19        Accreditation, such as a dental school or dental
20        hygiene or dental assistant program, or (B) has at
21        least 4,000 hours of direct clinical patient care
22        experience and has successfully completed a structured
23        training program as described in item (2) of
24        subsection (g) provided by a statewide dental
25        association, approved by the Department to provide
26        continuing education, that has developed and conducted



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



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



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



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1        The training program must: (I) include a minimum of 32
2        hours of instruction in both didactic and clinical
3        manikin or human subject instruction; all training
4        programs shall include areas of study in dental
5        anatomy, public health dentistry, medical history,
6        dental emergencies, and managing the pediatric
7        patient; (II) include an outcome assessment
8        examination that demonstrates competency; (III)
9        require the supervising dentist to observe and approve
10        the completion of 6 full mouth supragingival scaling
11        procedures unless the training was received as part of
12        a Commission on Dental Accreditation approved dental
13        assistant program; and (IV) issue a certificate of
14        completion of the training program, which must be kept
15        on file at the dental office and be made available to
16        the Department upon request. A dental assistant must
17        have successfully completed an approved coronal
18        polishing course prior to taking the coronal scaling
19        course. A dental assistant performing these functions
20        shall be limited to the use of hand instruments only.
21        In addition, coronal scaling as described in this
22        paragraph shall only be utilized on patients who are
23        eligible for Medicaid, who are uninsured, or whose
24        household income is not greater than 300% of the
25        federal poverty level. A dentist may not supervise
26        more than 2 dental assistants at any one time for the



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



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1            (v) has been accepted or appointed for specialty
2        training in a dental public health agency situated in
3        this State.
4        The applicant shall be permitted to practice dentistry
5    for a period of 3 months from the starting date of the
6    program, unless authorized in writing by the Department to
7    continue such practice for a period specified in writing
8    by the Department.
9        The applicant shall only be entitled to perform such
10    acts as may be prescribed by and incidental to his or her
11    program of residency or specialty training and shall not
12    otherwise engage in the practice of dentistry in this
13    State.
14        The authority to practice shall terminate immediately
15    upon:
16            (1) the decision of the Department that the
17        applicant has failed the examination; or
18            (2) denial of licensure by the Department; or
19            (3) withdrawal of the application.
20(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
21102-936, eff. 1-1-23.)
22    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 19. Licensing applicants from other states. Any
25person who has been lawfully licensed to practice dentistry,



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



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



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



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



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



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



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



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1    the Department.
2        33. Failing, within 60 days, to provide information in
3    response to a written request by the Department in the
4    course of an investigation.
5        34. Immoral conduct in the commission of any act,
6    including, but not limited to, commission of an act of
7    sexual misconduct related to the licensee's practice.
8        35. Cheating on or attempting to subvert the licensing
9    examination administered under this Act.
10        36. A pattern of practice or other behavior that
11    demonstrates incapacity or incompetence to practice under
12    this Act.
13        37. Failure to establish and maintain records of
14    patient care and treatment as required under this Act.
15        38. Failure to provide copies of dental records as
16    required by law.
17        39. Failure of a licensed dentist who owns or is
18    employed at a dental office to give notice of an office
19    closure to his or her patients at least 30 days prior to
20    the office closure pursuant to Section 50.1.
21    All proceedings to suspend, revoke, place on probationary
22status, or take any other disciplinary action as the
23Department may deem proper, with regard to a license on any of
24the foregoing grounds, must be commenced within 5 years after
25receipt by the Department of a complaint alleging the
26commission of or notice of the conviction order for any of the



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1acts described herein. Except for fraud in procuring a
2license, no action shall be commenced more than 7 years after
3the date of the incident or act alleged to have violated this
4Section. The time during which the holder of the license was
5outside the State of Illinois shall not be included within any
6period of time limiting the commencement of disciplinary
7action by the Department.
8    All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12    The Department may refuse to issue or may suspend the
13license of any person who fails to file a return, or to pay the
14tax, penalty or interest shown in a filed return, or to pay any
15final assessment of tax, penalty or interest, as required by
16any tax Act administered by the Illinois Department of
17Revenue, until such time as the requirements of any such tax
18Act are satisfied.
19    Any dentist who has had his or her license suspended or
20revoked for more than 5 years must comply with the
21requirements for restoration set forth in Section 16 prior to
22being eligible for reinstatement from the suspension or
24(Source: P.A. 99-492, eff. 12-31-15.)
25    (225 ILCS 25/50)  (from Ch. 111, par. 2350)



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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 50. Patient records. Every dentist shall make a
3record of all dental work performed for each patient. The
4record shall be made in a manner and in sufficient detail that
5it may be used for identification purposes. Dental records are
6the property of the office in which dentistry is practiced.
7    Dental records required by this Section shall be
8maintained for 10 years. Dental records required to be
9maintained under this Section, or copies of those dental
10records, shall be made available upon request to the patient
11or the patient's guardian. A dentist shall be entitled to
12reasonable reimbursement for the cost of reproducing these
13records, which shall not exceed the cost allowed under Section
148-2001 of the Code of Civil Procedure. A dentist providing
15services through a mobile dental van or portable dental unit
16shall provide to the patient or the patient's parent or
17guardian, in writing, the dentist's name, license number,
18address, and information on how the patient or the patient's
19parent or guardian may obtain the patient's dental records, as
20provided by law.
21(Source: P.A. 99-492, eff. 12-31-15.)
22    (225 ILCS 25/50.1 new)
23    Sec. 50.1. Closing a dental office. A dental office that
24is closing and will not continue to offer dentistry services
25must provide notice to its patients at least 30 days prior to



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1the closure. The notice to patients shall include an
2explanation of how copies of the patient's records may be
3accessed or obtained by the patient. The notice may be given by
4publication in a newspaper of general circulation in the area
5in which the dental office is located or in an electronic
6format accessible by patients.".