Full Text of SB3122 102nd General Assembly
SB3122 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3122 Introduced 1/11/2022, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
| 225 ILCS 25/4 | from Ch. 111, par. 2304 |
|
Amends the Illinois Dental Practice Act. Provides that the definition of "public health setting" includes a nursing home or long-term care community.
|
| |
| | A BILL FOR |
|
| | | SB3122 | | LRB102 22377 SPS 31516 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Section 4 as follows:
| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 7 | | (Text of Section before amendment by P.A. 102-93 )
| 8 | | (Section scheduled to be repealed on January 1, 2026)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. | 17 | | "Department" means the Department of Financial and | 18 | | Professional Regulation.
| 19 | | "Secretary" means the Secretary of Financial and | 20 | | Professional Regulation.
| 21 | | "Board" means the Board of Dentistry.
| 22 | | "Dentist" means a person who has received a general | 23 | | license pursuant
to paragraph (a) of Section 11 of this Act and |
| | | SB3122 | - 2 - | LRB102 22377 SPS 31516 b |
|
| 1 | | who may perform any intraoral
and extraoral procedure required | 2 | | in the practice of dentistry and to whom is
reserved the | 3 | | responsibilities specified in Section 17.
| 4 | | "Dental hygienist" means a person who holds a license | 5 | | under this Act to
perform dental services as authorized by | 6 | | Section 18.
| 7 | | "Dental assistant" means an appropriately trained person
| 8 | | who, under the supervision of a dentist, provides dental | 9 | | services
as authorized by Section 17.
| 10 | | "Expanded function dental assistant" means a dental | 11 | | assistant who has completed the training required by Section | 12 | | 17.1 of this Act. | 13 | | "Dental laboratory" means a person, firm or corporation | 14 | | which:
| 15 | | (i) engages in making, providing, repairing or | 16 | | altering dental
prosthetic appliances and other artificial | 17 | | materials and devices which are
returned to a dentist for | 18 | | insertion into the human oral cavity or which
come in | 19 | | contact with its adjacent structures and tissues; and
| 20 | | (ii) utilizes or employs a dental technician to | 21 | | provide such services; and
| 22 | | (iii) performs such functions only for a dentist or | 23 | | dentists.
| 24 | | "Supervision" means supervision of a dental hygienist or a | 25 | | dental
assistant requiring that a dentist authorize the | 26 | | procedure, remain in the
dental facility while the procedure |
| | | SB3122 | - 3 - | LRB102 22377 SPS 31516 b |
|
| 1 | | is performed, and approve the work
performed by the dental | 2 | | hygienist or dental assistant before dismissal of
the patient, | 3 | | but does not mean that the dentist must be present at all
times | 4 | | in the treatment room.
| 5 | | "General supervision" means supervision of a dental | 6 | | hygienist
requiring that the patient be a patient of record,
| 7 | | that the dentist
examine the patient in accordance with | 8 | | Section 18 prior to treatment by the
dental hygienist, and | 9 | | that the
dentist authorize the procedures which
are being | 10 | | carried
out by a notation in the patient's record, but not | 11 | | requiring that a dentist
be present when the authorized
| 12 | | procedures are being performed. The
issuance of a prescription | 13 | | to a dental laboratory by a
dentist does not constitute | 14 | | general supervision.
| 15 | | "Public member" means a person who is not a health | 16 | | professional.
For purposes of board membership, any person | 17 | | with a significant financial
interest in a health service or | 18 | | profession is not a public member.
| 19 | | "Dentistry" means the healing art which is concerned with | 20 | | the
examination, diagnosis, treatment planning and care of | 21 | | conditions within
the human oral cavity and its adjacent | 22 | | tissues and structures, as further
specified in Section 17.
| 23 | | "Branches of dentistry" means the various specialties of | 24 | | dentistry
which, for purposes of this Act, shall be limited to | 25 | | the following:
endodontics, oral and maxillofacial surgery, | 26 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
|
| | | SB3122 | - 4 - | LRB102 22377 SPS 31516 b |
|
| 1 | | periodontics, prosthodontics, and oral and maxillofacial
| 2 | | radiology.
| 3 | | "Specialist" means a dentist who has received a specialty | 4 | | license
pursuant to Section 11(b).
| 5 | | "Dental technician" means a person who owns, operates or | 6 | | is
employed by a dental laboratory and engages in making, | 7 | | providing, repairing
or altering dental prosthetic appliances | 8 | | and other artificial materials and
devices which are returned | 9 | | to a dentist for insertion into the human oral
cavity or which | 10 | | come in contact with its adjacent structures and tissues.
| 11 | | "Impaired dentist" or "impaired dental hygienist" means a | 12 | | dentist
or dental hygienist who is unable to practice with
| 13 | | reasonable skill and safety because of a physical or mental | 14 | | disability as
evidenced by a written determination or written | 15 | | consent based on clinical
evidence, including deterioration | 16 | | through the aging process, loss of motor
skills, abuse of | 17 | | drugs or alcohol, or a psychiatric disorder, of sufficient
| 18 | | degree to diminish the person's ability to deliver competent | 19 | | patient care.
| 20 | | "Nurse" means a registered professional nurse, a certified | 21 | | registered
nurse anesthetist licensed as an advanced practice
| 22 | | registered nurse, or a licensed practical nurse licensed under | 23 | | the Nurse Practice Act.
| 24 | | "Patient of record" means a patient for whom the patient's | 25 | | most recent
dentist has obtained
a
relevant medical and dental | 26 | | history and on whom the dentist has performed an
examination |
| | | SB3122 | - 5 - | LRB102 22377 SPS 31516 b |
|
| 1 | | and evaluated the condition to be treated.
| 2 | | "Dental responder" means a dentist or dental hygienist who | 3 | | is appropriately certified in disaster preparedness, | 4 | | immunizations, and dental humanitarian medical response | 5 | | consistent with the Society of Disaster Medicine and Public | 6 | | Health and training certified by the National Incident | 7 | | Management System or the National Disaster Life Support | 8 | | Foundation.
| 9 | | "Mobile dental van or portable dental unit" means any | 10 | | self-contained or portable dental unit in which dentistry is | 11 | | practiced that can be moved, towed, or transported from one | 12 | | location to another in order to establish a location where | 13 | | dental services can be provided. | 14 | | "Public health dental hygienist" means a hygienist who | 15 | | holds a valid license to practice in the State, has 2 years of | 16 | | full-time clinical experience or an equivalent of 4,000 hours | 17 | | of clinical experience and has completed at least 42 clock | 18 | | hours of additional structured courses in dental education in | 19 | | advanced areas specific to public health dentistry. | 20 | | "Public health setting" means a federally qualified health | 21 | | center; a federal, State, or local public health facility; | 22 | | Head Start; a special supplemental nutrition program for | 23 | | Women, Infants, and Children (WIC) facility; or a certified | 24 | | school-based health center or school-based oral health | 25 | | program ; or a nursing home or long-term care community . | 26 | | "Public health supervision" means the supervision of a |
| | | SB3122 | - 6 - | LRB102 22377 SPS 31516 b |
|
| 1 | | public health dental hygienist by a licensed dentist who has a | 2 | | written public health supervision agreement with that public | 3 | | health dental hygienist while working in an approved facility | 4 | | or program that allows the public health dental hygienist to | 5 | | treat patients, without a dentist first examining the patient | 6 | | and being present in the facility during treatment, (1) who | 7 | | are eligible for Medicaid or (2) who are uninsured and whose | 8 | | household income is not greater than 200% of the federal | 9 | | poverty level. | 10 | | "Teledentistry" means the use of telehealth systems and | 11 | | methodologies in dentistry and includes patient care and | 12 | | education delivery using synchronous and asynchronous | 13 | | communications under a dentist's authority as provided under | 14 | | this Act. | 15 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | 16 | | 102-588, eff. 8-20-21.) | 17 | | (Text of Section after amendment by P.A. 102-93 ) | 18 | | (Section scheduled to be repealed on January 1, 2026)
| 19 | | Sec. 4. Definitions. As used in this Act:
| 20 | | "Address of record" means the designated address recorded | 21 | | by the Department in the applicant's or licensee's application | 22 | | file or license file as maintained by the Department's | 23 | | licensure maintenance unit. It is the duty of the applicant or | 24 | | licensee to inform the Department of any change of address and | 25 | | those changes must be made either through the Department's |
| | | SB3122 | - 7 - | LRB102 22377 SPS 31516 b |
|
| 1 | | website or by contacting the Department. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | "Secretary" means the Secretary of Financial and | 5 | | Professional Regulation.
| 6 | | "Board" means the Board of Dentistry.
| 7 | | "Dentist" means a person who has received a general | 8 | | license pursuant
to paragraph (a) of Section 11 of this Act and | 9 | | who may perform any intraoral
and extraoral procedure required | 10 | | in the practice of dentistry and to whom is
reserved the | 11 | | responsibilities specified in Section 17.
| 12 | | "Dental hygienist" means a person who holds a license | 13 | | under this Act to
perform dental services as authorized by | 14 | | Section 18.
| 15 | | "Dental assistant" means an appropriately trained person
| 16 | | who, under the supervision of a dentist, provides dental | 17 | | services
as authorized by Section 17.
| 18 | | "Expanded function dental assistant" means a dental | 19 | | assistant who has completed the training required by Section | 20 | | 17.1 of this Act. | 21 | | "Dental laboratory" means a person, firm or corporation | 22 | | which:
| 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 |
| | | SB3122 | - 8 - | LRB102 22377 SPS 31516 b |
|
| 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 | 7 | | dental
assistant requiring that a dentist authorize the | 8 | | procedure, remain in the
dental facility while the procedure | 9 | | is performed, and approve the work
performed by the dental | 10 | | hygienist or dental assistant before dismissal of
the patient, | 11 | | but does not mean that the dentist must be present at all
times | 12 | | in the treatment room.
| 13 | | "General supervision" means supervision of a dental | 14 | | hygienist
requiring that the patient be a patient of record,
| 15 | | that the dentist
examine the patient in accordance with | 16 | | Section 18 prior to treatment by the
dental hygienist, and | 17 | | that the
dentist authorize the procedures which
are being | 18 | | carried
out by a notation in the patient's record, but not | 19 | | requiring that a dentist
be present when the authorized
| 20 | | procedures are being performed. The
issuance of a prescription | 21 | | to a dental laboratory by a
dentist does not constitute | 22 | | general supervision.
| 23 | | "Public member" means a person who is not a health | 24 | | professional.
For purposes of board membership, any person | 25 | | with a significant financial
interest in a health service or | 26 | | profession is not a public member.
|
| | | SB3122 | - 9 - | LRB102 22377 SPS 31516 b |
|
| 1 | | "Dentistry" means the healing art which is concerned with | 2 | | the
examination, diagnosis, treatment planning and care of | 3 | | conditions within
the human oral cavity and its adjacent | 4 | | tissues and structures, as further
specified in Section 17.
| 5 | | "Branches of dentistry" means the various specialties of | 6 | | dentistry
which, for purposes of this Act, shall be limited to | 7 | | the following:
endodontics, oral and maxillofacial surgery, | 8 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 9 | | periodontics, prosthodontics, oral and maxillofacial
| 10 | | radiology, and dental anesthesiology.
| 11 | | "Specialist" means a dentist who has received a specialty | 12 | | license
pursuant to Section 11(b).
| 13 | | "Dental technician" means a person who owns, operates or | 14 | | is
employed by a dental laboratory and engages in making, | 15 | | providing, repairing
or altering dental prosthetic appliances | 16 | | and other artificial materials and
devices which are returned | 17 | | to a dentist for insertion into the human oral
cavity or which | 18 | | come in contact with its adjacent structures and tissues.
| 19 | | "Impaired dentist" or "impaired dental hygienist" means a | 20 | | dentist
or dental hygienist who is unable to practice with
| 21 | | reasonable skill and safety because of a physical or mental | 22 | | disability as
evidenced by a written determination or written | 23 | | consent based on clinical
evidence, including deterioration | 24 | | through the aging process, loss of motor
skills, abuse of | 25 | | drugs or alcohol, or a psychiatric disorder, of sufficient
| 26 | | degree to diminish the person's ability to deliver competent |
| | | SB3122 | - 10 - | LRB102 22377 SPS 31516 b |
|
| 1 | | patient care.
| 2 | | "Nurse" means a registered professional nurse, a certified | 3 | | registered
nurse anesthetist licensed as an advanced practice
| 4 | | registered nurse, or a licensed practical nurse licensed under | 5 | | the Nurse Practice Act.
| 6 | | "Patient of record" means a patient for whom the patient's | 7 | | most recent
dentist has obtained
a
relevant medical and dental | 8 | | history and on whom the dentist has performed an
examination | 9 | | and evaluated the condition to be treated.
| 10 | | "Dental responder" means a dentist or dental hygienist who | 11 | | is appropriately certified in disaster preparedness, | 12 | | immunizations, and dental humanitarian medical response | 13 | | consistent with the Society of Disaster Medicine and Public | 14 | | Health and training certified by the National Incident | 15 | | Management System or the National Disaster Life Support | 16 | | Foundation.
| 17 | | "Mobile dental van or portable dental unit" means any | 18 | | self-contained or portable dental unit in which dentistry is | 19 | | practiced that can be moved, towed, or transported from one | 20 | | location to another in order to establish a location where | 21 | | dental services can be provided. | 22 | | "Public health dental hygienist" means a hygienist who | 23 | | holds a valid license to practice in the State, has 2 years of | 24 | | full-time clinical experience or an equivalent of 4,000 hours | 25 | | of clinical experience and has completed at least 42 clock | 26 | | hours of additional structured courses in dental education in |
| | | SB3122 | - 11 - | LRB102 22377 SPS 31516 b |
|
| 1 | | advanced areas specific to public health dentistry. | 2 | | "Public health setting" means a federally qualified health | 3 | | center; a federal, State, or local public health facility; | 4 | | Head Start; a special supplemental nutrition program for | 5 | | Women, Infants, and Children (WIC) facility; or a certified | 6 | | school-based health center or school-based oral health | 7 | | program ; or a nursing home or long-term care community . | 8 | | "Public health supervision" means the supervision of a | 9 | | public health dental hygienist by a licensed dentist who has a | 10 | | written public health supervision agreement with that public | 11 | | health dental hygienist while working in an approved facility | 12 | | or program that allows the public health dental hygienist to | 13 | | treat patients, without a dentist first examining the patient | 14 | | and being present in the facility during treatment, (1) who | 15 | | are eligible for Medicaid or (2) who are uninsured and whose | 16 | | household income is not greater than 200% of the federal | 17 | | poverty level. | 18 | | "Teledentistry" means the use of telehealth systems and | 19 | | methodologies in dentistry and includes patient care and | 20 | | education delivery using synchronous and asynchronous | 21 | | communications under a dentist's authority as provided under | 22 | | this Act. | 23 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | 24 | | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21.)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
| | | SB3122 | - 12 - | LRB102 22377 SPS 31516 b |
|
| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.
|
|