Public Act 096-0617
SB0290 Enrolled LRB096 04743 ASK 14807 b

    AN ACT concerning professional regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Dental Practice Act is amended by
changing Sections 16, 17, and 49 and by adding Section 7.5 as
    (225 ILCS 25/7.5 new)
    Sec. 7.5. Emerging scientific technology and applications.
In the interest of public safety, the Board may review emerging
scientific technology and applications and, when appropriate,
recommend that the Department adopt rules to govern the
appropriate use and require the appropriate training needed for
this technology by dental hygienists and assistants acting
under the supervision of a dentist. "Emerging scientific
technology" may include without limitation laser treatments
and other treatments and potential treatments that, if used
incorrectly, could have an adverse effect on patient health and
    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 16. Expiration, renewal and restoration of licenses.
The expiration date and renewal date for each license issued
under this Act shall be set by rule. The renewal period for
each license issued under this Act shall be 3 years. A dentist
or dental hygienist may renew a license during the month
preceding its expiration date by paying the required fee. A
dental hygienist shall provide proof of current
cardiopulmonary resuscitation certification at the time of
renewal. Cardiopulmonary resuscitation certification training
taken as a requirement of this Section shall be counted towards
the continuing education hours under Section 16.1 of this Act.
    Any dentist or dental hygienist whose license has expired
or whose license is on inactive status may have his license
restored at any time within 5 years after the expiration
thereof, upon payment of the required fee and a showing of
proof of compliance with current continuing education
requirements, as provided by rule.
    Any person whose license has been expired for more than 5
years or who has had his license on inactive status for more
than 5 years may have his license restored by making
application to the Department and filing proof acceptable to
the Department of taking continuing education and of his
fitness to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction, and by
paying the required restoration fee. A person practicing on an
expired license is deemed to be practicing without a license.
However, a holder of a license may renew the license within 90
days after its expiration by complying with the requirements
for renewal and payment of an additional fee. A license renewal
within 90 days after expiration shall be effective
retroactively to the expiration date.
    If a person whose license has expired or who has had his
license on inactive status for more than 5 years has not
maintained an active practice satisfactory to the department,
the Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active status
and may require the person to complete a period of evaluated
clinical experience and may require successful completion of a
practical examination.
    However, any person whose license has expired while he has
been engaged (1) in federal or state service active duty, or
(2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his license restored without paying any
lapsed renewal or restoration fee, if within 2 years after
termination of such service, training or education other than
by dishonorable discharge, he furnishes the Department with
satisfactory proof that he has been so engaged and that his
service, training or education has been so terminated.
(Source: P.A. 94-409, eff. 12-31-05.)
    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 17. Acts Constituting the Practice of Dentistry. A
person practices dentistry, within the meaning of this Act:
        (1) Who represents himself as being able to diagnose or
    diagnoses, treats, prescribes, or operates for any
    disease, pain, deformity, deficiency, injury, or physical
    condition of the human tooth, teeth, alveolar process, gums
    or jaw; or
        (2) Who is a manager, proprietor, operator or conductor
    of a business where dental operations are performed; or
        (3) Who performs dental operations of any kind; or
        (4) Who uses an X-Ray machine or X-Ray films for dental
    diagnostic purposes; or
        (5) Who extracts a human tooth or teeth, or corrects or
    attempts to correct malpositions of the human teeth or
    jaws; or
        (6) Who offers or undertakes, by any means or method,
    to diagnose, treat or remove stains, calculus, and bonding
    materials from human teeth or jaws; or
        (7) Who uses or administers local or general
    anesthetics in the treatment of dental or oral diseases or
    in any preparation incident to a dental operation of any
    kind or character; or
        (8) Who takes impressions of the human tooth, teeth, or
    jaws or performs any phase of any operation incident to the
    replacement of a part of a tooth, a tooth, teeth or
    associated tissues by means of a filling, crown, a bridge,
    a denture or other appliance; or
        (9) Who offers to furnish, supply, construct,
    reproduce or repair, or who furnishes, supplies,
    constructs, reproduces or repairs, prosthetic dentures,
    bridges or other substitutes for natural teeth, to the user
    or prospective user thereof; or
        (10) Who instructs students on clinical matters or
    performs any clinical operation included in the curricula
    of recognized dental schools and colleges; or .
        (11) Who takes impressions of human teeth or places his
    or her hands in the mouth of any person for the purpose of
    applying teeth whitening materials, or who takes
    impressions of human teeth or places his or her hands in
    the mouth of any person for the purpose of assisting in the
    application of teeth whitening materials. A person does not
    practice dentistry when he or she discloses to the consumer
    that he or she is not licensed as a dentist under this Act
    and (i) discusses the use of teeth whitening materials with
    a consumer purchasing these materials; (ii) provides
    instruction on the use of teeth whitening materials with a
    consumer purchasing these materials; or (iii) provides
    appropriate equipment on-site to the consumer for the
    consumer to self-apply teeth whitening materials.
    The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
    The following practices, acts, and operations, however,
are exempt from the operation of this Act:
        (a) The rendering of dental relief in emergency cases
    in the practice of his or her profession by a physician or
    surgeon, licensed as such under the laws of this State,
    unless he undertakes to reproduce or reproduces lost parts
    of the human teeth in the mouth or to restore or replace
    lost or missing teeth in the mouth; or
        (b) The practice of dentistry in the discharge of their
    official duties by dentists in any branch of the Armed
    Services of the United States, the United States Public
    Health Service, or the United States Veterans
    Administration; or
        (c) The practice of dentistry by students in their
    course of study in dental schools or colleges approved by
    the Department, when acting under the direction and
    supervision of dentists acting as instructors; or
        (d) The practice of dentistry by clinical instructors
    in the course of their teaching duties in dental schools or
    colleges approved by the Department:
            (i) when acting under the direction and
        supervision of dentists, provided that such clinical
        instructors have instructed continuously in this State
        since January 1, 1986; or
            (ii) when holding the rank of full professor at
        such approved dental school or college and possessing a
        current valid license or authorization to practice
        dentistry in another country; or
        (e) The practice of dentistry by licensed dentists of
    other states or countries at meetings of the Illinois State
    Dental Society or component parts thereof, alumni meetings
    of dental colleges, or any other like dental organizations,
    while appearing as clinicians; or
        (f) The use of X-Ray machines for exposing X-Ray films
    of dental or oral tissues by dental hygienists or dental
    assistants; or
        (g) The performance of any dental service by a dental
    assistant, if such service is performed under the
    supervision and full responsibility of a dentist.
        For purposes of this paragraph (g), "dental service" is
    defined to mean any intraoral procedure or act which shall
    be prescribed by rule or regulation of the Department.
    Dental service, however, shall not include:
            (1) Any and all diagnosis of or prescription for
        treatment of disease, pain, deformity, deficiency,
        injury or physical condition of the human teeth or
        jaws, or adjacent structures.
            (2) Removal of, or restoration of, or addition to
        the hard or soft tissues of the oral cavity.
            (3) Any and all correction of malformation of teeth
        or of the jaws.
            (4) Administration of anesthetics, except for
        application of topical anesthetics and monitoring of
        nitrous oxide. Monitoring of nitrous oxide may be
        performed after successful completion of a training
        program approved by the Department.
            (5) Removal of calculus from human teeth.
            (6) Taking of impressions for the fabrication of
        prosthetic appliances, crowns, bridges, inlays,
        onlays, or other restorative or replacement dentistry.
            (7) The operative procedure of dental hygiene
        consisting of oral prophylactic procedures, except for
        coronal polishing, which may be performed by a dental
        assistant who has successfully completed a training
        program approved by the Department. Dental assistants
        may perform coronal polishing under the following
        circumstances: (i) the coronal polishing shall be
        limited to polishing the clinical crown of the tooth
        and existing restorations, supragingivally; (ii) the
        dental assistant performing the coronal polishing
        shall be limited to the use of rotary instruments using
        a rubber cup or brush polishing method (air polishing
        is not permitted); and (iii) the supervising dentist
        shall not supervise more than 4 dental assistants at
        any one time for the task of coronal polishing.
        (h) The practice of dentistry by an individual who:
            (i) has applied in writing to the Department, in
        form and substance satisfactory to the Department, for
        a general dental license and has complied with all
        provisions of Section 9 of this Act, except for the
        passage of the examination specified in subsection
        (e), of Section 9, of this Act; or
            (ii) has applied in writing to the Department, in
        form and substance satisfactory to the Department, for
        a temporary dental license and has complied with all
        provisions of subsection (c), of Section 11, of this
        Act; and
            (iii) has been accepted or appointed for specialty
        or residency training by a hospital situated in this
        State; or
            (iv) has been accepted or appointed for specialty
        training in an approved dental program situated in this
        State; or
            (v) has been accepted or appointed for specialty
        training in a dental public health agency situated in
        this State.
        The applicant shall be permitted to practice dentistry
    for a period of 3 months from the starting date of the
    program, unless authorized in writing by the Department to
    continue such practice for a period specified in writing by
    the Department.
        The applicant shall only be entitled to perform such
    acts as may be prescribed by and incidental to their
    program of residency or specialty training and shall not
    otherwise engage in the practice of dentistry in this
        The authority to practice shall terminate immediately
            (1) the decision of the Department that the
        applicant has failed the examination; or
            (2) denial of licensure by the Department; or
            (3) withdrawal of the application.
(Source: P.A. 91-594, eff. 1-1-00.)
    (225 ILCS 25/49)  (from Ch. 111, par. 2349)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 49. Identification of dentures.
    (a) Every complete upper and lower denture and removable
dental prosthesis fabricated by a dentist, or fabricated
pursuant to his or her prescription, shall be marked with the
name or social security number, or both, of the patient for
whom the prosthesis is intended. The markings shall be done
during fabrication and shall be permanent, legible and
cosmetically acceptable. The exact location of the markings and
the methods used to apply or implant them shall be determined
by the dentist or dental laboratory fabricating the prosthesis.
If in the professional judgment of the dentist, this full
identification is not possible, the name or social security
number may be omitted.
    (b) Any removable dental prosthesis in existence which was
not marked in accordance with paragraph (a) of this Section at
the time of fabrication, shall be so marked at the time of any
subsequent rebasing or duplication.
(Source: P.A. 84-365.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2009