Full Text of SB2822 103rd General Assembly
SB2822sam004 103RD GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/4/2024 | | 10300SB2822sam004 | | LRB103 36437 RTM 71701 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2822
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2822, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Illinois Dental Practice Act is amended by | 6 | | changing Sections 4, 8.1, 17, 19.2, and 45 as follows: | 7 | | (225 ILCS 25/4) | 8 | | (Section scheduled to be repealed on January 1, 2026) | 9 | | Sec. 4.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 | 11 | | by the Department in the applicant's or licensee's application | 12 | | file or license file as maintained by the Department's | 13 | | licensure maintenance unit. It is the duty of the applicant or | 14 | | licensee to inform the Department of any change of address and | 15 | | those changes must be made either through the Department's | 16 | | website or by contacting the Department. |
| | | 10300SB2822sam004 | - 2 - | LRB103 36437 RTM 71701 a |
|
| 1 | | "Department" means the Department of Financial and | 2 | | Professional Regulation. | 3 | | "Secretary" means the Secretary of Financial and | 4 | | Professional Regulation. | 5 | | "Board" means the Board of Dentistry. | 6 | | "Dentist" means a person who has received a general | 7 | | license pursuant to paragraph (a) of Section 11 of this Act and | 8 | | who may perform any intraoral and extraoral procedure required | 9 | | in the practice of dentistry and to whom is reserved the | 10 | | responsibilities specified in Section 17. | 11 | | "Dental hygienist" means a person who holds a license | 12 | | under this Act to perform dental services as authorized by | 13 | | Section 18. | 14 | | "Dental assistant" means an appropriately trained person | 15 | | who, under the supervision of a dentist, provides dental | 16 | | services as authorized by Section 17. | 17 | | "Expanded function dental assistant" means a dental | 18 | | assistant who has completed the training required by Section | 19 | | 17.1 of this Act. | 20 | | "Dental laboratory" means a person, firm, or corporation | 21 | | which: | 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 |
| | | 10300SB2822sam004 | - 3 - | LRB103 36437 RTM 71701 a |
|
| 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 | 6 | | dental assistant requiring that a dentist authorize the | 7 | | procedure, remain in the dental facility while the procedure | 8 | | is performed, and approve the work performed by the dental | 9 | | hygienist or dental assistant before dismissal of the patient, | 10 | | but does not mean that the dentist must be present at all times | 11 | | in the treatment room. | 12 | | "General supervision" means supervision of a dental | 13 | | hygienist requiring that the patient be a patient of record, | 14 | | that the dentist examine the patient in accordance with | 15 | | Section 18 prior to treatment by the dental hygienist, and | 16 | | that the dentist authorize the procedures which are being | 17 | | carried out by a notation in the patient's record, but not | 18 | | requiring that a dentist be present when the authorized | 19 | | procedures are being performed. The issuance of a prescription | 20 | | to a dental laboratory by a dentist does not constitute | 21 | | general supervision. | 22 | | "Public member" means a person who is not a health | 23 | | professional. For purposes of board membership, any person | 24 | | with a significant financial interest in a health service or | 25 | | profession is not a public member. | 26 | | "Dentistry" means the healing art which is concerned with |
| | | 10300SB2822sam004 | - 4 - | LRB103 36437 RTM 71701 a |
|
| 1 | | the examination, diagnosis, treatment planning, and care of | 2 | | conditions within the human oral cavity and its adjacent | 3 | | tissues and structures, as further specified in Section 17. | 4 | | "Branches of dentistry" means the various specialties of | 5 | | dentistry which, for purposes of this Act, shall be limited to | 6 | | the following: endodontics, oral and maxillofacial surgery, | 7 | | orthodontics and dentofacial orthopedics, pediatric dentistry, | 8 | | periodontics, prosthodontics, oral and maxillofacial | 9 | | radiology, and dental anesthesiology. | 10 | | "Specialist" means a dentist who has received a specialty | 11 | | license pursuant to Section 11(b). | 12 | | "Dental technician" means a person who owns, operates, or | 13 | | is employed by a dental laboratory and engages in making, | 14 | | providing, repairing, or altering dental prosthetic appliances | 15 | | and other artificial materials and devices which are returned | 16 | | to a dentist for insertion into the human oral cavity or which | 17 | | come in contact with its adjacent structures and tissues. | 18 | | "Impaired dentist" or "impaired dental hygienist" means a | 19 | | dentist or dental hygienist who is unable to practice with | 20 | | reasonable skill and safety because of a physical or mental | 21 | | disability as evidenced by a written determination or written | 22 | | consent based on clinical evidence, including deterioration | 23 | | through the aging process, loss of motor skills, abuse of | 24 | | drugs or alcohol, or a psychiatric disorder, of sufficient | 25 | | degree to diminish the person's ability to deliver competent | 26 | | patient care. |
| | | 10300SB2822sam004 | - 5 - | LRB103 36437 RTM 71701 a |
|
| 1 | | "Nurse" means a registered professional nurse, a certified | 2 | | registered nurse anesthetist licensed as an advanced practice | 3 | | registered nurse, or a licensed practical nurse licensed under | 4 | | the Nurse Practice Act. | 5 | | "Patient of record" means a patient for whom the patient's | 6 | | most recent dentist has obtained a relevant medical and dental | 7 | | history and on whom the dentist has performed an examination | 8 | | and evaluated the condition to be treated. | 9 | | "Dental responder" means a dentist or dental hygienist who | 10 | | is appropriately certified in disaster preparedness, | 11 | | immunizations, and dental humanitarian medical response | 12 | | consistent with the Society of Disaster Medicine and Public | 13 | | Health and training certified by the National Incident | 14 | | Management System or the National Disaster Life Support | 15 | | Foundation. | 16 | | "Mobile dental van or portable dental unit" means any | 17 | | self-contained or portable dental unit in which dentistry is | 18 | | practiced that can be moved, towed, or transported from one | 19 | | location to another in order to establish a location where | 20 | | dental services can be provided. | 21 | | "Public health dental hygienist" means a hygienist who | 22 | | holds a valid license to practice in the State, has 2 years of | 23 | | full-time clinical experience or an equivalent of 4,000 hours | 24 | | of clinical experience, and has completed at least 42 clock | 25 | | hours of additional structured courses in dental education in | 26 | | advanced areas specific to public health dentistry. |
| | | 10300SB2822sam004 | - 6 - | LRB103 36437 RTM 71701 a |
|
| 1 | | "Public health setting" means a federally qualified health | 2 | | center; a federal, State, or local public health facility; | 3 | | Head Start; a special supplemental nutrition program for | 4 | | Women, Infants, and Children (WIC) facility; a certified | 5 | | school-based health center or school-based oral health | 6 | | program; a prison; or a long-term care facility. | 7 | | "Public health supervision" means the supervision of a | 8 | | public health dental hygienist by a licensed dentist who has a | 9 | | written public health supervision agreement with that public | 10 | | health dental hygienist while working in an approved facility | 11 | | or program that allows the public health dental hygienist to | 12 | | treat patients, without a dentist first examining the patient | 13 | | and being present in the facility during treatment, (1) who | 14 | | are eligible for Medicaid or (2) who are uninsured or whose | 15 | | household income is not greater than 300% of the federal | 16 | | poverty level. | 17 | | "Teledentistry" means the use of telehealth systems and | 18 | | methodologies in dentistry and includes patient care and | 19 | | education delivery using synchronous and asynchronous | 20 | | communications under a dentist's authority as provided under | 21 | | this Act. | 22 | | "Moderate sedation" means a drug-induced depression of | 23 | | consciousness during which: (1) patients respond purposefully | 24 | | to verbal commands, either alone or accompanied by light | 25 | | tactile stimulation; (2) no interventions are required to | 26 | | maintain a patient's airway and spontaneous ventilation is |
| | | 10300SB2822sam004 | - 7 - | LRB103 36437 RTM 71701 a |
|
| 1 | | adequate; and (3) cardiovascular function is usually | 2 | | maintained. | 3 | | "Deep sedation" means a drug-induced depression of | 4 | | consciousness during which: (1) patients cannot be easily | 5 | | aroused, but respond purposefully following repeated or | 6 | | painful stimulation; (2) the ability to independently maintain | 7 | | ventilatory function may be impaired; (3) patients may require | 8 | | assistance in maintaining airways and spontaneous ventilation | 9 | | may be inadequate; and (4) cardiovascular function is usually | 10 | | maintained. | 11 | | "General anesthesia" means a drug-induced loss of | 12 | | consciousness during which: (1) patients are not arousable, | 13 | | even by painful stimulation; (2) the ability to independently | 14 | | maintain ventilatory function is often impaired; (3) patients | 15 | | often require assistance in maintaining airways and positive | 16 | | pressure ventilation may be required because of depressed | 17 | | spontaneous ventilation or drug-induced depression of | 18 | | neuromuscular function; and (4) cardiovascular function may be | 19 | | impaired. | 20 | | "Venipuncture" means the puncture of a vein as part of a | 21 | | medical procedure, typically to withdraw a blood sample or for | 22 | | an intravenous catheter for the administration of medication | 23 | | or fluids. | 24 | | "Enteral route of administration" means administration of | 25 | | a drug that is absorbed through the gastrointestinal tract or | 26 | | through oral, rectal, or sublingual mucosa. |
| | | 10300SB2822sam004 | - 8 - | LRB103 36437 RTM 71701 a |
|
| 1 | | "Parenteral route of administration" means administration | 2 | | of a drug by which the drug bypasses the gastrointestinal | 3 | | tract through intramuscular, intravenous, intranasal, | 4 | | submucosal, subcutaneous, or intraosseous methods. | 5 | | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | 6 | | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | 7 | | 1-1-24; revised 12-15-23.) | 8 | | (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1) | 9 | | (Section scheduled to be repealed on January 1, 2026) | 10 | | Sec. 8.1. Permit for the administration of anesthesia and | 11 | | sedation. | 12 | | (a) No licensed dentist shall administer general | 13 | | anesthesia, deep sedation, or moderate conscious sedation | 14 | | without first applying for and obtaining a permit for such | 15 | | purpose from the Department. The Department shall issue such | 16 | | permit only after ascertaining that the applicant possesses | 17 | | the minimum qualifications necessary to protect public safety. | 18 | | A person with a dental degree who administers anesthesia, deep | 19 | | sedation, or moderate conscious sedation in an approved | 20 | | hospital training program under the supervision of either a | 21 | | licensed dentist holding such permit or a physician licensed | 22 | | to practice medicine in all its branches shall not be required | 23 | | to obtain such permit. | 24 | | (b) The minimum requirements for a permit to administer | 25 | | moderate sedation issued after the effective date of this |
| | | 10300SB2822sam004 | - 9 - | LRB103 36437 RTM 71701 a |
|
| 1 | | amendatory Act of the 103rd General Assembly shall include the | 2 | | completion of a minimum of 75 hours of didactic and supervised | 3 | | clinical study in either: | 4 | | (1) an American Dental Association Commission on | 5 | | Dental Accreditation accredited dental specialty program, | 6 | | general practice residency, or advanced education in | 7 | | general dentistry residency that includes training and | 8 | | documentation in moderate sedation techniques appropriate | 9 | | for each specialty or an American Dental Association | 10 | | Commission on Dental Accreditation accredited dental | 11 | | anesthesiology residency program and proof of completion | 12 | | of 20 individually managed patients utilizing appropriate | 13 | | routes of administration, in which the applicant is the | 14 | | sole provider, which can include, but are not limited to, | 15 | | intravenous, oral, intranasal, or intramuscular or | 16 | | combinations thereof; or | 17 | | (2) a structured course of study provided by an | 18 | | approved continuing education provider that includes | 19 | | training and documentation in moderate sedation, physical | 20 | | evaluation, venipuncture, advanced airway management, | 21 | | technical administration, recognition and management of | 22 | | complications and emergencies and monitoring with | 23 | | additional supervised experience and documentation | 24 | | demonstrating competence in providing moderate sedation | 25 | | utilizing enteral and parenteral routes of administration | 26 | | of medications to competency to 20 individual patient |
| | | 10300SB2822sam004 | - 10 - | LRB103 36437 RTM 71701 a |
|
| 1 | | experiences on a 1 to 1 ratio with an instructor, in which | 2 | | the applicant is the sole provider of sedation over a | 3 | | continuous time frame as set by the Department and as | 4 | | provided in the American Dental Association's Guidelines | 5 | | for Teaching Pain Control and Sedation to Dentists and | 6 | | Dental Students. | 7 | | (b-5) The minimum requirements for a permit to administer | 8 | | deep sedation and general anesthesia issued after the | 9 | | effective date of this amendatory Act of the 103rd General | 10 | | Assembly shall include: | 11 | | (1) the completion of a minimum of 2 years of advanced | 12 | | training in anesthesiology beyond the pre-doctoral level | 13 | | in a training program approved by the American Dental | 14 | | Association's Council on Dental Education and Licensure, | 15 | | as outlined in Guidelines for Teaching Pain Control and | 16 | | Sedation to Dentists and Dental Students, as published by | 17 | | the American Dental Association's Council on Dental | 18 | | Education and Licensure; | 19 | | (2) a specialty license in oral and maxillofacial | 20 | | surgery; | 21 | | (3) completion of an accredited oral or maxillofacial | 22 | | surgery residency program; or | 23 | | (4) the completion of an American Dental Association | 24 | | Commission on Dental Accreditation accredited dental | 25 | | anesthesiology residency program. | 26 | | (b-10) The Department may establish, by rule, additional |
| | | 10300SB2822sam004 | - 11 - | LRB103 36437 RTM 71701 a |
|
| 1 | | training programs and training requirements consistent with | 2 | | this Section to ensure patient safety in dental offices | 3 | | administering anesthesia, which shall include, but not be | 4 | | limited to the following In determining the minimum permit | 5 | | qualifications that are necessary to protect public safety, | 6 | | the Department, by rule, shall : | 7 | | (1) (blank); establish the minimum educational and | 8 | | training requirements necessary for a dentist to be issued | 9 | | an appropriate permit; | 10 | | (2) establish the standards for properly equipped | 11 | | dental facilities (other than licensed hospitals and | 12 | | ambulatory surgical treatment centers) in which general | 13 | | anesthesia, deep sedation, or moderate conscious sedation | 14 | | is administered, as necessary to protect public safety; | 15 | | (3) establish minimum requirements for all persons who | 16 | | assist the dentist in the administration of general | 17 | | anesthesia, deep sedation, or moderate conscious sedation, | 18 | | including minimum training requirements for each member of | 19 | | the dental team, monitoring requirements, recordkeeping | 20 | | requirements, and emergency procedures; | 21 | | (4) ensure that the dentist has completed and | 22 | | maintains current certification in advanced cardiac life | 23 | | support or pediatric advanced life support and all persons | 24 | | assisting the dentist or monitoring the administration of | 25 | | general anesthesia, deep sedation, or moderate conscious | 26 | | sedation maintain current certification in Basic Life |
| | | 10300SB2822sam004 | - 12 - | LRB103 36437 RTM 71701 a |
|
| 1 | | Support (BLS); and | 2 | | (5) establish continuing education requirements in | 3 | | sedation techniques and airway management for dentists who | 4 | | possess a permit under this Section. | 5 | | The Department shall adopt rules that ensure that a | 6 | | continuing education course designed to meet the permit | 7 | | requirements for moderate sedation training is reviewed and | 8 | | certified by the Department if the course is not accredited by | 9 | | the American Dental Association Commission on Dental | 10 | | Accreditation. | 11 | | When establishing requirements under this Section, the | 12 | | Department shall consider the current American Dental | 13 | | Association guidelines on sedation and general anesthesia, the | 14 | | current "Guidelines for Monitoring and Management of Pediatric | 15 | | Patients During and After Sedation for Diagnostic and | 16 | | Therapeutic Procedures" established by the American Academy of | 17 | | Pediatrics and the American Academy of Pediatric Dentistry, | 18 | | and the current parameters of care and Office Anesthesia | 19 | | Evaluation (OAE) Manual established by the American | 20 | | Association of Oral and Maxillofacial Surgeons. | 21 | | (c) A licensed dentist must hold an appropriate permit | 22 | | issued under this Section in order to perform dentistry while | 23 | | a nurse anesthetist administers moderate conscious sedation, | 24 | | and a valid written collaborative agreement must exist between | 25 | | the dentist and the nurse anesthetist, in accordance with the | 26 | | Nurse Practice Act. |
| | | 10300SB2822sam004 | - 13 - | LRB103 36437 RTM 71701 a |
|
| 1 | | A licensed dentist must hold an appropriate permit issued | 2 | | under this Section in order to perform dentistry while a nurse | 3 | | anesthetist administers deep sedation or general anesthesia, | 4 | | and a valid written collaborative agreement must exist between | 5 | | the dentist and the nurse anesthetist, in accordance with the | 6 | | Nurse Practice Act. | 7 | | For the purposes of this subsection (c), "nurse | 8 | | anesthetist" means a licensed certified registered nurse | 9 | | anesthetist who holds a license as an advanced practice | 10 | | registered nurse. | 11 | | (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; | 12 | | 101-162, eff. 7-26-19.) | 13 | | (225 ILCS 25/17) | 14 | | (Section scheduled to be repealed on January 1, 2026) | 15 | | Sec. 17. Acts constituting the practice of dentistry. A | 16 | | person practices dentistry, within the meaning of this Act: | 17 | | (1) Who represents himself or herself as being able to | 18 | | diagnose or diagnoses, treats, prescribes, or operates for | 19 | | any disease, pain, deformity, deficiency, injury, or | 20 | | physical condition of the human tooth, teeth, alveolar | 21 | | process, gums, or jaw; or | 22 | | (2) Who is a manager, proprietor, operator, or | 23 | | conductor of a business where dental operations are | 24 | | performed; or | 25 | | (3) Who performs dental operations of any kind; or |
| | | 10300SB2822sam004 | - 14 - | LRB103 36437 RTM 71701 a |
|
| 1 | | (4) Who uses an X-Ray machine or X-Ray films for | 2 | | dental diagnostic purposes; or | 3 | | (5) Who extracts a human tooth or teeth, or corrects | 4 | | or attempts to correct malpositions of the human teeth or | 5 | | jaws; or | 6 | | (6) Who offers or undertakes, by any means or method, | 7 | | to diagnose, treat, or remove stains, calculus, and | 8 | | bonding materials from human teeth or jaws; or | 9 | | (7) Who uses or administers local or general | 10 | | anesthetics in the treatment of dental or oral diseases or | 11 | | in any preparation incident to a dental operation of any | 12 | | kind or character; or | 13 | | (8) Who takes material or digital scans for final | 14 | | impressions of the human tooth, teeth, or jaws or performs | 15 | | any phase of any operation incident to the replacement of | 16 | | a part of a tooth, a tooth, teeth, or associated tissues by | 17 | | means of a filling, a crown, a bridge, a denture, or other | 18 | | appliance; or | 19 | | (9) Who offers to furnish, supply, construct, | 20 | | reproduce, or repair, or who furnishes, supplies, | 21 | | constructs, reproduces, or repairs, prosthetic dentures, | 22 | | bridges, or other substitutes for natural teeth , to the | 23 | | user or prospective user thereof; or | 24 | | (10) Who instructs students on clinical matters or | 25 | | performs any clinical operation included in the curricula | 26 | | of recognized dental schools and colleges; or |
| | | 10300SB2822sam004 | - 15 - | LRB103 36437 RTM 71701 a |
|
| 1 | | (11) Who takes material or digital scans for final | 2 | | impressions of human teeth or places his or her hands in | 3 | | the mouth of any person for the purpose of applying teeth | 4 | | whitening materials, or who takes impressions of human | 5 | | teeth or places his or her hands in the mouth of any person | 6 | | for the purpose of assisting in the application of teeth | 7 | | whitening materials. A person does not practice dentistry | 8 | | when he or she discloses to the consumer that he or she is | 9 | | not licensed as a dentist under this Act and (i) discusses | 10 | | the use of teeth whitening materials with a consumer | 11 | | purchasing these materials; (ii) provides instruction on | 12 | | the use of teeth whitening materials with a consumer | 13 | | purchasing these materials; or (iii) provides appropriate | 14 | | equipment on-site to the consumer for the consumer to | 15 | | self-apply teeth whitening materials. | 16 | | The fact that any person engages in or performs, or offers | 17 | | to engage in or perform, any of the practices, acts, or | 18 | | operations set forth in this Section, shall be prima facie | 19 | | evidence that such person is engaged in the practice of | 20 | | dentistry. | 21 | | The following practices, acts, and operations, however, | 22 | | are exempt from the operation of this Act: | 23 | | (a) The rendering of dental relief in emergency cases | 24 | | in the practice of his or her profession by a physician or | 25 | | surgeon, licensed as such under the laws of this State, | 26 | | unless he or she undertakes to reproduce or reproduces |
| | | 10300SB2822sam004 | - 16 - | LRB103 36437 RTM 71701 a |
|
| 1 | | lost parts of the human teeth in the mouth or to restore or | 2 | | replace lost or missing teeth in the mouth; or | 3 | | (b) The practice of dentistry in the discharge of | 4 | | their official duties by dentists in any branch of the | 5 | | Armed Services of the United States, the United States | 6 | | Public Health Service, or the United States Veterans | 7 | | Administration; or | 8 | | (c) The practice of dentistry by students in their | 9 | | course of study in dental schools or colleges approved by | 10 | | the Department, when acting under the direction and | 11 | | supervision of dentists acting as instructors; or | 12 | | (d) The practice of dentistry by clinical instructors | 13 | | in the course of their teaching duties in dental schools | 14 | | or colleges approved by the Department: | 15 | | (i) when acting under the direction and | 16 | | supervision of dentists, provided that such clinical | 17 | | instructors have instructed continuously in this State | 18 | | since January 1, 1986; or | 19 | | (ii) when holding the rank of full professor at | 20 | | such approved dental school or college and possessing | 21 | | a current valid license or authorization to practice | 22 | | dentistry in another country; or | 23 | | (e) The practice of dentistry by licensed dentists of | 24 | | other states or countries at meetings of the Illinois | 25 | | State Dental Society or component parts thereof, alumni | 26 | | meetings of dental colleges, or any other like dental |
| | | 10300SB2822sam004 | - 17 - | LRB103 36437 RTM 71701 a |
|
| 1 | | organizations, while appearing as clinicians; or | 2 | | (f) The use of X-Ray machines for exposing X-Ray films | 3 | | of dental or oral tissues by dental hygienists or dental | 4 | | assistants; or | 5 | | (g) The performance of any dental service by a dental | 6 | | assistant, if such service is performed under the | 7 | | supervision and full responsibility of a dentist. In | 8 | | addition, after being authorized by a dentist, a dental | 9 | | assistant may, for the purpose of eliminating pain or | 10 | | discomfort, remove loose, broken, or irritating | 11 | | orthodontic appliances on a patient of record. | 12 | | For purposes of this paragraph (g), "dental service" | 13 | | is defined to mean any intraoral procedure or act which | 14 | | shall be prescribed by rule or regulation of the | 15 | | Department. "Dental service", however, shall not include: | 16 | | (1) Any and all diagnosis of or prescription for | 17 | | treatment of disease, pain, deformity, deficiency, | 18 | | injury, or physical condition of the human teeth or | 19 | | jaws, or adjacent structures. | 20 | | (2) Removal of, restoration of, or addition to the | 21 | | hard or soft tissues of the oral cavity, except for the | 22 | | placing, carving, and finishing of amalgam | 23 | | restorations and placing, packing, and finishing | 24 | | composite restorations by dental assistants who have | 25 | | had additional formal education and certification. | 26 | | A dental assistant may place, carve, and finish |
| | | 10300SB2822sam004 | - 18 - | LRB103 36437 RTM 71701 a |
|
| 1 | | amalgam restorations, place, pack, and finish | 2 | | composite restorations, and place interim restorations | 3 | | if he or she (A) has successfully completed a | 4 | | structured training program as described in item (2) | 5 | | of subsection (g) provided by an educational | 6 | | institution accredited by the Commission on Dental | 7 | | Accreditation, such as a dental school or dental | 8 | | hygiene or dental assistant program, or (B) has at | 9 | | least 4,000 hours of direct clinical patient care | 10 | | experience and has successfully completed a structured | 11 | | training program as described in item (2) of | 12 | | subsection (g) provided by a statewide dental | 13 | | association, approved by the Department to provide | 14 | | continuing education, that has developed and conducted | 15 | | training programs for expanded functions for dental | 16 | | assistants or hygienists. The training program must: | 17 | | (i) include a minimum of 16 hours of didactic study and | 18 | | 14 hours of clinical manikin instruction; all training | 19 | | programs shall include areas of study in nomenclature, | 20 | | caries classifications, oral anatomy, periodontium, | 21 | | basic occlusion, instrumentations, pulp protection | 22 | | liners and bases, dental materials, matrix and wedge | 23 | | techniques, amalgam placement and carving, rubber dam | 24 | | clamp placement, and rubber dam placement and removal; | 25 | | (ii) include an outcome assessment examination that | 26 | | demonstrates competency; (iii) require the supervising |
| | | 10300SB2822sam004 | - 19 - | LRB103 36437 RTM 71701 a |
|
| 1 | | dentist to observe and approve the completion of 8 | 2 | | amalgam or composite restorations; and (iv) issue a | 3 | | certificate of completion of the training program, | 4 | | which must be kept on file at the dental office and be | 5 | | made available to the Department upon request. A | 6 | | dental assistant must have successfully completed an | 7 | | approved coronal polishing and dental sealant course | 8 | | prior to taking the amalgam and composite restoration | 9 | | course. | 10 | | A dentist utilizing dental assistants shall not | 11 | | supervise more than 4 dental assistants at any one | 12 | | time for placing, carving, and finishing of amalgam | 13 | | restorations or for placing, packing, and finishing | 14 | | composite restorations. | 15 | | (3) Any and all correction of malformation of | 16 | | teeth or of the jaws. | 17 | | (4) Administration of anesthetics, except for | 18 | | monitoring of nitrous oxide, moderate conscious | 19 | | sedation, deep sedation, and general anesthetic as | 20 | | provided in Section 8.1 of this Act, that may be | 21 | | performed only after successful completion of a | 22 | | training program approved by the Department. A dentist | 23 | | utilizing dental assistants shall not supervise more | 24 | | than 4 dental assistants at any one time for the | 25 | | monitoring of nitrous oxide. | 26 | | (5) Removal of calculus from human teeth. |
| | | 10300SB2822sam004 | - 20 - | LRB103 36437 RTM 71701 a |
|
| 1 | | (6) Taking of material or digital scans for final | 2 | | impressions for the fabrication of prosthetic | 3 | | appliances, crowns, bridges, inlays, onlays, or other | 4 | | restorative or replacement dentistry. | 5 | | (7) The operative procedure of dental hygiene | 6 | | consisting of oral prophylactic procedures, except for | 7 | | coronal polishing and pit and fissure sealants, which | 8 | | may be performed by a dental assistant who has | 9 | | successfully completed a training program approved by | 10 | | the Department. Dental assistants may perform coronal | 11 | | polishing under the following circumstances: (i) the | 12 | | coronal polishing shall be limited to polishing the | 13 | | clinical crown of the tooth and existing restorations, | 14 | | supragingivally; (ii) the dental assistant performing | 15 | | the coronal polishing shall be limited to the use of | 16 | | rotary instruments using a rubber cup or brush | 17 | | polishing method (air polishing is not permitted); and | 18 | | (iii) the supervising dentist shall not supervise more | 19 | | than 4 dental assistants at any one time for the task | 20 | | of coronal polishing or pit and fissure sealants. | 21 | | In addition to coronal polishing and pit and | 22 | | fissure sealants as described in this item (7), a | 23 | | dental assistant who has at least 2,000 hours of | 24 | | direct clinical patient care experience and who has | 25 | | successfully completed a structured training program | 26 | | provided by (1) an educational institution including, |
| | | 10300SB2822sam004 | - 21 - | LRB103 36437 RTM 71701 a |
|
| 1 | | but not limited to, a dental school or dental hygiene | 2 | | or dental assistant program, (2) a continuing | 3 | | education provider approved by the Department, or (3) | 4 | | a statewide dental or dental hygienist association | 5 | | that has developed and conducted a training program | 6 | | for expanded functions for dental assistants or | 7 | | hygienists may perform: (A) coronal scaling above the | 8 | | gum line, supragingivally, on the clinical crown of | 9 | | the tooth only on patients 17 years of age or younger | 10 | | who have an absence of periodontal disease and who are | 11 | | not medically compromised or individuals with special | 12 | | needs and (B) intracoronal temporization of a tooth. | 13 | | The training program must: (I) include a minimum of 32 | 14 | | hours of instruction in both didactic and clinical | 15 | | manikin or human subject instruction; all training | 16 | | programs shall include areas of study in dental | 17 | | anatomy, public health dentistry, medical history, | 18 | | dental emergencies, and managing the pediatric | 19 | | patient; (II) include an outcome assessment | 20 | | examination that demonstrates competency; (III) | 21 | | require the supervising dentist to observe and approve | 22 | | the completion of 6 full mouth supragingival scaling | 23 | | procedures unless the training was received as part of | 24 | | a Commission on Dental Accreditation approved dental | 25 | | assistant program; and (IV) issue a certificate of | 26 | | completion of the training program, which must be kept |
| | | 10300SB2822sam004 | - 22 - | LRB103 36437 RTM 71701 a |
|
| 1 | | on file at the dental office and be made available to | 2 | | the Department upon request. A dental assistant must | 3 | | have successfully completed an approved coronal | 4 | | polishing course prior to taking the coronal scaling | 5 | | course. A dental assistant performing these functions | 6 | | shall be limited to the use of hand instruments only. | 7 | | In addition, coronal scaling as described in this | 8 | | paragraph shall only be utilized on patients who are | 9 | | eligible for Medicaid, who are uninsured, or whose | 10 | | household income is not greater than 300% of the | 11 | | federal poverty level. A dentist may not supervise | 12 | | more than 2 dental assistants at any one time for the | 13 | | task of coronal scaling. This paragraph is inoperative | 14 | | on and after January 1, 2026. | 15 | | The limitations on the number of dental assistants a | 16 | | dentist may supervise contained in items (2), (4), and (7) | 17 | | of this paragraph (g) mean a limit of 4 total dental | 18 | | assistants or dental hygienists doing expanded functions | 19 | | covered by these Sections being supervised by one dentist; | 20 | | or | 21 | | (h) The practice of dentistry by an individual who: | 22 | | (i) has applied in writing to the Department, in | 23 | | form and substance satisfactory to the Department, for | 24 | | a general dental license and has complied with all | 25 | | provisions of Section 9 of this Act, except for the | 26 | | passage of the examination specified in subsection (e) |
| | | 10300SB2822sam004 | - 23 - | LRB103 36437 RTM 71701 a |
|
| 1 | | of Section 9 of this Act; or | 2 | | (ii) has applied in writing to the Department, in | 3 | | form and substance satisfactory to the Department, for | 4 | | a temporary dental license and has complied with all | 5 | | provisions of subsection (c) of Section 11 of this | 6 | | Act; and | 7 | | (iii) has been accepted or appointed for specialty | 8 | | or residency training by a hospital situated in this | 9 | | State; or | 10 | | (iv) has been accepted or appointed for specialty | 11 | | training in an approved dental program situated in | 12 | | this State; or | 13 | | (v) has been accepted or appointed for specialty | 14 | | training in a dental public health agency situated in | 15 | | this State. | 16 | | The applicant shall be permitted to practice dentistry | 17 | | for a period of 3 months from the starting date of the | 18 | | program, unless authorized in writing by the Department to | 19 | | continue such practice for a period specified in writing | 20 | | by the Department. | 21 | | The applicant shall only be entitled to perform such | 22 | | acts as may be prescribed by and incidental to his or her | 23 | | program of residency or specialty training and shall not | 24 | | otherwise engage in the practice of dentistry in this | 25 | | State. | 26 | | The authority to practice shall terminate immediately |
| | | 10300SB2822sam004 | - 24 - | LRB103 36437 RTM 71701 a |
|
| 1 | | upon: | 2 | | (1) the decision of the Department that the | 3 | | applicant has failed the examination; or | 4 | | (2) denial of licensure by the Department; or | 5 | | (3) withdrawal of the application. | 6 | | (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; | 7 | | 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.) | 8 | | (225 ILCS 25/19.2) | 9 | | (Section scheduled to be repealed on January 1, 2026) | 10 | | Sec. 19.2. Temporary permit for free dental care. | 11 | | (a) Upon Board recommendation, the Department may issue a | 12 | | temporary permit authorizing the practice in this State, | 13 | | without compensation, of dentistry to an applicant who is | 14 | | licensed to practice dentistry in another state, if all of the | 15 | | following apply: | 16 | | (1) the Department determines that the applicant's | 17 | | services will improve the welfare of Illinois residents | 18 | | who are eligible for Medicaid or who are uninsured and | 19 | | whose household income is not greater than 200% of the | 20 | | federal poverty level; | 21 | | (2) the applicant has graduated from a dental program | 22 | | approved by the American Dental Association's Commission | 23 | | on Dental Accreditation and maintains an equivalent | 24 | | authorization to practice dentistry in good standing in | 25 | | his or her native licensing jurisdiction during the period |
| | | 10300SB2822sam004 | - 25 - | LRB103 36437 RTM 71701 a |
|
| 1 | | of the temporary visiting dentist permit and can furnish | 2 | | the Department a certified letter upon request from that | 3 | | jurisdiction attesting to the fact that the applicant has | 4 | | no pending action or violations against his or her | 5 | | license; | 6 | | (3) the applicant has received an invitation to | 7 | | perform dental care by a charitable organization or has | 8 | | received an invitation to study or receive training on | 9 | | specific dental or clinical subjects or techniques by a | 10 | | licensed continuing education sponsor who is approved by | 11 | | the Department to provide clinical training in the State | 12 | | of Illinois on patients for the welfare of Illinois | 13 | | residents pursuant to subsection (a-5) and is in | 14 | | compliance with the provisions of this Act; | 15 | | (4) the applicant will be working pursuant to a | 16 | | collaborative agreement with and under the direct | 17 | | supervision of an Illinois licensed dentist, who is in | 18 | | good standing, during the duration of the program. The | 19 | | supervising dentist must be physically present during all | 20 | | clinical training courses; and | 21 | | (5) payment of a fee established by rule. | 22 | | The Department may adopt rules to implement this | 23 | | subsection. | 24 | | (a-5) Upon Board recommendation, after the filing of an | 25 | | application, the Department may allow approved continuing | 26 | | education sponsors to be licensed to provide live patient |
| | | 10300SB2822sam004 | - 26 - | LRB103 36437 RTM 71701 a |
|
| 1 | | continuing education clinical training courses if the | 2 | | following requirements are met: | 3 | | (1) the continuing education course provides services, | 4 | | without compensation, that will improve the welfare of | 5 | | Illinois residents as described in paragraph (1) of | 6 | | subsection (a). The application to the Board must include | 7 | | the following information for review and approval by the | 8 | | Department: | 9 | | (i) a plan of follow-up care and training models; | 10 | | (ii) any and all documentation to be signed by the | 11 | | patients, including, but not limited to, waivers, | 12 | | consent forms, and releases; | 13 | | (iii) information related to the facilities being | 14 | | utilized, staffing plans, and emergency plans; | 15 | | (iv) the process by which patients will be | 16 | | contacted before, during, and after treatment; | 17 | | (v) the intended population that will be receiving | 18 | | treatment; and | 19 | | (vi) proof of valid malpractice insurance for the | 20 | | approved continuing education sponsor that extends | 21 | | coverage to clinical staff, trainees, and out-of-state | 22 | | permit holders that meet the requirements of | 23 | | subsection (a); | 24 | | (2) a valid written collaborative agreement must exist | 25 | | between the temporary visiting dentist and the Illinois | 26 | | licensed dentist co-treating patients under this Section. |
| | | 10300SB2822sam004 | - 27 - | LRB103 36437 RTM 71701 a |
|
| 1 | | The collaborative agreement must include a description of | 2 | | the care to be provided and procedures to be performed by | 3 | | the temporary visiting dentist. There shall be no more | 4 | | than 5 trainees per supervising dentist. A copy of this | 5 | | agreement shall become part of the patient's dental record | 6 | | and shall be made available upon request to the | 7 | | Department; and | 8 | | (3) payment of a fee established by rule. | 9 | | A continuing education sponsor license issued under this | 10 | | Section shall be valid for a period of time as provided by | 11 | | rule. | 12 | | The Department shall adopt rules to implement this | 13 | | subsection. | 14 | | (b) (Blank). | 15 | | (c) A temporary permit shall be valid for no longer than 5 | 16 | | consecutive clinical days within 6 months from the date of | 17 | | issuance. The temporary permit may be issued once per year to a | 18 | | visiting dentist. Temporary permits under subsection (a) may | 19 | | be restored no more than one time within 5 years of the initial | 20 | | permits issuance. The Department may require an applicant to | 21 | | pay a fee for the issuance or restoration of a permit under | 22 | | this Section. | 23 | | (d) (Blank). | 24 | | (e) The temporary permit shall only permit the holder to | 25 | | practice dentistry within the scope of the dental studies and | 26 | | in conjunction with one of the following: |
| | | 10300SB2822sam004 | - 28 - | LRB103 36437 RTM 71701 a |
|
| 1 | | (1) the charitable organization; or | 2 | | (2) a continuing education program provided by a | 3 | | continuing education sponsor approved by the Department | 4 | | pursuant to this Section that the permit holder is | 5 | | attending. | 6 | | (f) The temporary visiting dentist may not administer | 7 | | moderate conscious sedation, deep sedation, or general | 8 | | anesthesia. | 9 | | (g) A patient who seeks treatment from a temporary | 10 | | visiting dentist must sign a consent form acknowledging that | 11 | | the care the patient will receive will be provided by a dentist | 12 | | not licensed in the State of Illinois and that the Illinois | 13 | | licensed dentist who has the collaborative agreement with the | 14 | | temporary visiting dentist will be responsible for all the | 15 | | follow-up care associated with the treatment rendered to the | 16 | | patient. | 17 | | (h) An application for the temporary permit shall be made | 18 | | to the Department in writing on forms prescribed by the | 19 | | Department and shall be accompanied by a nonrefundable fee | 20 | | established by rule. | 21 | | (i) An applicant for a temporary permit may be requested | 22 | | to appear before the Board to respond to questions concerning | 23 | | the applicant's qualifications to receive the permit. An | 24 | | applicant's refusal to appear before the Board may be grounds | 25 | | for denial of the application by the Department. | 26 | | (j) The Secretary may summarily cancel any permit or |
| | | 10300SB2822sam004 | - 29 - | LRB103 36437 RTM 71701 a |
|
| 1 | | license issued pursuant to this Section without a hearing if | 2 | | the Secretary finds that evidence in his or her possession | 3 | | indicates that a continuing education sponsor licensed under | 4 | | this Section or a temporary permit holder's continuation in | 5 | | practice would constitute an imminent danger to the public or | 6 | | violate any provision of this Act or its rules. If the | 7 | | Secretary summarily cancels a permit or license issued | 8 | | pursuant to this Section, the permit holder or licensee may | 9 | | petition the Department for a hearing in accordance with the | 10 | | provisions of subsection (b) of Section 26 of this Act to | 11 | | reinstate his or her permit or license. | 12 | | (k) In addition to terminating any permit or license | 13 | | issued pursuant to this Section, the Department may impose a | 14 | | monetary penalty not to exceed $10,000 upon the temporary | 15 | | permit holder or licensee and may notify any state in which the | 16 | | temporary permit holder or licensee has been issued a license | 17 | | that his or her Illinois permit or license has been terminated | 18 | | and the reasons for the termination. The monetary penalty | 19 | | shall be paid within 60 days after the effective date of the | 20 | | order imposing the penalty. The order shall constitute a | 21 | | judgment and may be filed and execution had thereon in the same | 22 | | manner as any judgment from any court of record. It is the | 23 | | intent of the General Assembly that a permit or license issued | 24 | | pursuant to this Section shall be considered a privilege and | 25 | | not a property right. | 26 | | (Source: P.A. 102-582, eff. 1-1-22 .) |
| | | 10300SB2822sam004 | - 30 - | LRB103 36437 RTM 71701 a |
|
| 1 | | (225 ILCS 25/45) (from Ch. 111, par. 2345) | 2 | | (Section scheduled to be repealed on January 1, 2026) | 3 | | Sec. 45. Advertising. The purpose of this Section is to | 4 | | authorize and regulate the advertisement by dentists of | 5 | | information which is intended to provide the public with a | 6 | | sufficient basis upon which to make an informed selection of | 7 | | dentists while protecting the public from false or misleading | 8 | | advertisements which would detract from the fair and rational | 9 | | selection process. | 10 | | Any dentist may advertise the availability of dental | 11 | | services in the public media or on the premises where such | 12 | | dental services are rendered. Such advertising shall be | 13 | | limited to the following information: | 14 | | (a) The dental services available; | 15 | | (b) Publication of the dentist's name, title, office | 16 | | hours, address and telephone; | 17 | | (c) Information pertaining to his or her area of | 18 | | specialization, including appropriate board certification | 19 | | or limitation of professional practice; | 20 | | (d) Information on usual and customary fees for | 21 | | routine dental services offered, which information shall | 22 | | include notification that fees may be adjusted due to | 23 | | complications or unforeseen circumstances; | 24 | | (e) Announcement of the opening of, change of, absence | 25 | | from, or return to business; |
| | | 10300SB2822sam004 | - 31 - | LRB103 36437 RTM 71701 a |
|
| 1 | | (f) Announcement of additions to or deletions from | 2 | | professional dental staff; | 3 | | (g) The issuance of business or appointment cards; | 4 | | (h) Other information about the dentist, dentist's | 5 | | practice or the types of dental services which the dentist | 6 | | offers to perform which a reasonable person might regard | 7 | | as relevant in determining whether to seek the dentist's | 8 | | services. However, any advertisement which announces the | 9 | | availability of endodontics, pediatric dentistry, | 10 | | periodontics, prosthodontics, orthodontics and | 11 | | dentofacial orthopedics, oral and maxillofacial surgery, | 12 | | or oral and maxillofacial radiology by a general dentist | 13 | | or by a licensed specialist who is not licensed in that | 14 | | specialty shall include a disclaimer stating that the | 15 | | dentist does not hold a license in that specialty. | 16 | | Any dental practice with more than one location that | 17 | | enrolls its dentist as a participating provider in a managed | 18 | | care plan's network must verify electronically or in writing | 19 | | to the managed care plan whether the provider is accepting new | 20 | | patients at each of the specific locations listing the | 21 | | provider. The health plan shall remove the provider from the | 22 | | directory in accordance with standard practices within 10 | 23 | | business days after being notified of the changes by the | 24 | | provider. Nothing in this paragraph shall void any contractual | 25 | | relationship between the provider and the plan. | 26 | | It is unlawful for any dentist licensed under this Act to |
| | | 10300SB2822sam004 | - 32 - | LRB103 36437 RTM 71701 a |
|
| 1 | | do any of the following: | 2 | | (1) Use claims of superior quality of care to entice | 3 | | the public. | 4 | | (2) Advertise in any way to practice dentistry without | 5 | | causing pain. | 6 | | (3) Pay a fee to any dental referral service or other | 7 | | third party who advertises a dental referral service, | 8 | | unless all advertising of the dental referral service | 9 | | makes it clear that dentists are paying a fee for that | 10 | | referral service. | 11 | | (4) Advertise or offer gifts as an inducement to | 12 | | secure dental patronage. Dentists may advertise or offer | 13 | | free examinations or free dental services; it shall be | 14 | | unlawful, however, for any dentist to charge a fee to any | 15 | | new patient for any dental service provided at the time | 16 | | that such free examination or free dental services are | 17 | | provided. | 18 | | (5) Use the term "sedation dentistry" or similar terms | 19 | | in advertising unless the advertising dentist holds a | 20 | | valid and current permit issued by the Department to | 21 | | administer either general anesthesia, deep sedation, or | 22 | | moderate conscious sedation as required under Section 8.1 | 23 | | of this Act. | 24 | | This Act does not authorize the advertising of dental | 25 | | services when the offeror of such services is not a dentist. | 26 | | Nor shall the dentist use statements which contain false, |
| | | 10300SB2822sam004 | - 33 - | LRB103 36437 RTM 71701 a |
|
| 1 | | fraudulent, deceptive or misleading material or guarantees of | 2 | | success, statements which play upon the vanity or fears of the | 3 | | public, or statements which promote or produce unfair | 4 | | competition. | 5 | | A dentist shall be required to keep a copy of all | 6 | | advertisements for a period of 3 years. All advertisements in | 7 | | the dentist's possession shall indicate the accurate date and | 8 | | place of publication. | 9 | | The Department shall adopt rules to carry out the intent | 10 | | of this Section. | 11 | | (Source: P.A. 99-329, eff. 1-1-16 .) | 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.". |
|