| ||||
Public Act 097-0526 | ||||
| ||||
| ||||
AN ACT concerning 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 4, 9, 16, 16.1, 17, 18, 19, and 50 as | ||||
follows:
| ||||
(225 ILCS 25/4)
(from Ch. 111, par. 2304)
| ||||
(Section scheduled to be repealed on January 1, 2016)
| ||||
Sec. 4. Definitions. As used in this Act:
| ||||
(a) "Department" means the Illinois Department of | ||||
Professional Regulation.
| ||||
(b) "Director" means the Director of Professional | ||||
Regulation.
| ||||
(c) "Board" means the Board of Dentistry established by | ||||
Section 6 of this
Act.
| ||||
(d) "Dentist" means a person who has received a general | ||||
license pursuant
to paragraph (a) of Section 11 of this Act and | ||||
who may perform any intraoral
and extraoral procedure required | ||||
in the practice of dentistry and to whom is
reserved the | ||||
responsibilities specified in Section 17.
| ||||
(e) "Dental hygienist" means a person who holds a license | ||||
under this Act to
perform dental services as authorized by | ||||
Section 18.
|
(f) "Dental assistant" means an appropriately trained | ||
person
who, under the supervision of a dentist, provides dental | ||
services
as authorized by Section 17.
| ||
(g) "Dental laboratory" means a person, firm or corporation | ||
which:
| ||
(i) engages in making, providing, repairing or | ||
altering dental
prosthetic appliances and other artificial | ||
materials and devices which are
returned to a dentist for | ||
insertion into the human oral cavity or which
come in | ||
contact with its adjacent structures and tissues; and
| ||
(ii) utilizes or employs a dental technician to provide | ||
such services; and
| ||
(iii) performs such functions only for a dentist or | ||
dentists.
| ||
(h) "Supervision" means supervision of a dental hygienist | ||
or a dental
assistant requiring that a dentist authorize the | ||
procedure, remain in the
dental facility while the procedure is | ||
performed, and approve the work
performed by the dental | ||
hygienist or dental assistant before dismissal of
the patient, | ||
but does not mean that the dentist must be present at all
times | ||
in the treatment room.
| ||
(i) "General supervision" means supervision of a dental | ||
hygienist
requiring that the patient be a patient of record,
| ||
that the dentist
examine the patient in accordance with Section | ||
18 prior to treatment by the
dental hygienist, and that the
| ||
dentist authorize the procedures which
are being carried
out by |
a notation in the patient's record, but not requiring that a | ||
dentist
be present when the authorized
procedures are being | ||
performed. The
issuance of a prescription to a dental | ||
laboratory by a
dentist does not constitute general | ||
supervision.
| ||
(j) "Public member" means a person who is not a health | ||
professional.
For purposes of board membership, any person with | ||
a significant financial
interest in a health service or | ||
profession is not a public member.
| ||
(k) "Dentistry" means the healing art which is concerned | ||
with the
examination, diagnosis, treatment planning and care of | ||
conditions within
the human oral cavity and its adjacent | ||
tissues and structures, as further
specified in Section 17.
| ||
(l) "Branches of dentistry" means the various specialties | ||
of dentistry
which, for purposes of this Act, shall be limited | ||
to the following:
endodontics, oral and maxillofacial surgery, | ||
orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||
periodontics, prosthodontics, and oral and maxillofacial
| ||
radiology.
| ||
(m) "Specialist" means a dentist who has received a | ||
specialty license
pursuant to Section 11(b).
| ||
(n) "Dental technician" means a person who owns, operates | ||
or is
employed by a dental laboratory and engages in making, | ||
providing, repairing
or altering dental prosthetic appliances | ||
and other artificial materials and
devices which are returned | ||
to a dentist for insertion into the human oral
cavity or which |
come in contact with its adjacent structures and tissues.
| ||
(o) "Impaired dentist" or "impaired dental hygienist" | ||
means a dentist
or dental hygienist who is unable to practice | ||
with
reasonable skill and safety because of a physical or | ||
mental disability as
evidenced by a written determination or | ||
written consent based on clinical
evidence, including | ||
deterioration through the aging process, loss of motor
skills, | ||
abuse of drugs or alcohol, or a psychiatric disorder, of | ||
sufficient
degree to diminish the person's ability to deliver | ||
competent patient care.
| ||
(p) "Nurse" means a registered professional nurse, a | ||
certified registered
nurse anesthetist licensed as an advanced | ||
practice
nurse, or a licensed practical nurse licensed under | ||
the Nurse Practice Act.
| ||
(q) "Patient of record" means a patient for whom the | ||
patient's most recent
dentist has obtained
a
relevant medical | ||
and dental history and on whom the dentist has performed an
| ||
examination and evaluated the condition to be treated.
| ||
(r) "Dental emergency responder" means a dentist or dental | ||
hygienist who is appropriately certified in emergency medical | ||
response, as defined by the Department of Public Health.
| ||
(s) "Mobile dental van or portable dental unit" means any | ||
self-contained or portable dental unit in which dentistry is | ||
practiced that can be moved, towed, or transported from one | ||
location to another in order to establish a location where | ||
dental services can be provided. |
(Source: P.A. 94-409, eff. 12-31-05; 95-639, eff. 10-5-07.)
| ||
(225 ILCS 25/9) (from Ch. 111, par. 2309) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 9. Qualifications of Applicants for Dental Licenses. | ||
The
Department shall require that each applicant for a license | ||
to
practice dentistry shall: | ||
(a) (Blank). | ||
(b) Be at least 21 years of age and of good moral | ||
character. | ||
(c) (1) Present satisfactory evidence of completion of | ||
dental
education by graduation from a dental college or | ||
school in the United
States or Canada approved by the | ||
Department. The Department shall not approve
any dental | ||
college or school which does not require at least (A) 60 | ||
semester
hours of collegiate credit or the equivalent in | ||
acceptable subjects from a
college or university before | ||
admission, and (B) completion of at least 4
academic years | ||
of instruction or the equivalent in an approved dental | ||
college
or school that is accredited by the Commission on | ||
Dental Accreditation of the American Dental Association; | ||
or | ||
(2) Present satisfactory evidence of completion of | ||
dental education by
graduation from a dental college or | ||
school outside the United States or
Canada and provide | ||
satisfactory evidence that: |
(A) (blank); | ||
(B) the applicant has completed a minimum of 2 | ||
academic years of general
dental clinical training at a | ||
dental college or school in the United States or
Canada | ||
approved by the Department, however, an accredited | ||
advanced dental education program approved by the | ||
Department of no less than 2 years may be substituted | ||
for the 2 academic years of general dental clinical | ||
training and an applicant who was enrolled
for not less | ||
than one year in an approved clinical program prior to | ||
January 1,
1993 at an Illinois dental college or school | ||
shall be required to complete only
that program; and | ||
(C) the applicant has received certification from | ||
the dean of an
approved dental college or school in the | ||
United States or Canada or the program director of an | ||
approved advanced dental education program stating | ||
that
the applicant has achieved the same level of | ||
scientific knowledge and clinical
competence as | ||
required of all graduates of the college, school, or | ||
advanced dental education program. | ||
Nothing in this Act shall be construed to prevent | ||
either the Department or
any dental college or school from | ||
establishing higher standards than
specified in this Act. | ||
(d) (Blank). | ||
(e) Present satisfactory evidence that the applicant | ||
has passed both parts of the National Board Dental |
Examination administered by the Joint Commission on | ||
National Dental Examinations and has successfully | ||
completed an examination conducted by one of the following | ||
regional testing services: the Central Regional Dental | ||
Testing Service, Inc. (CRDTS), the Southern Regional | ||
Testing Agency, Inc. (SRTA), the Western Regional | ||
Examining Board (WREB), or the North East Regional Board | ||
(NERB) , or the Council of Interstate Testing Agencies | ||
(CITA) . For purposes of this Section, successful | ||
completion shall mean that the applicant has achieved a | ||
minimum passing score as determined by the applicable | ||
regional testing service. The Secretary of the Department | ||
may suspend a regional testing service under this | ||
subsection (e) if, after proper notice and hearing, it is | ||
established that (i) the integrity of the examination has | ||
been breached so as to make future test results unreliable | ||
or (ii) the test is fundamentally deficient in testing | ||
clinical competency. | ||
In determining professional capacity under this Section, | ||
any
individual who has not been actively engaged in the | ||
practice of dentistry,
has not been a dental student, or has | ||
not been engaged in a formal program
of dental education during | ||
the 5 years immediately preceding the filing of an
application | ||
may be required to complete such additional testing, training, | ||
or
remedial education as the Board may deem necessary in order | ||
to establish
the applicant's present capacity to practice |
dentistry with reasonable
judgment, skill, and safety. | ||
(Source: P.A. 96-14, eff. 6-19-09; 96-1000, eff. 7-2-10; | ||
96-1222, eff. 7-23-10.)
| ||
(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 | ||
dentist or dental hygienist
shall provide proof of current | ||
Basic Life Support (BLS) cardiopulmonary resuscitation | ||
certification by an organization that has adopted the American | ||
Heart Association's guidelines on BLS intended for health care | ||
providers at
the time of renewal. Basic Life Support | ||
Cardiopulmonary resuscitation certification training taken as | ||
a requirement of this Section shall be counted for no more than | ||
4 hours during each licensure period towards the continuing | ||
education hours under Section 16.1 of this Act. The Department | ||
shall provide by rule for exemptions from this requirement for | ||
a dentist or dental hygienist with a physical disability that | ||
would preclude him or her from performing BLS.
| ||
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. 96-617, eff. 8-24-09.)
| ||
(225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 16.1. Continuing education. The Department shall | ||
promulgate
rules of continuing education for persons licensed | ||
under
this Act. In establishing rules, the Department shall | ||
require a minimum of
48 hours of study in approved courses for | ||
dentists during each 3-year
licensing period and a minimum of | ||
36 hours of study in approved courses for
dental hygienists | ||
during each 3-year licensing period.
| ||
The Department shall approve only courses that are relevant | ||
to the
treatment and care of patients, including, but not | ||
limited to, clinical
courses in dentistry and dental hygiene | ||
and nonclinical courses such as
patient management, legal and | ||
ethical responsibilities, and stress
management. The |
Department shall allow up to 4 hours of continuing education | ||
credit hours per license renewal period for volunteer hours | ||
spent providing clinical services at, or sponsored by, a | ||
nonprofit community clinic, local or state health department, | ||
or a charity event. Courses shall not be approved in such | ||
subjects as estate and
financial planning, investments, or | ||
personal health. Approved courses may
include, but shall not be | ||
limited to, courses that are offered or sponsored
by approved | ||
colleges, universities, and hospitals and by recognized
| ||
national, State, and local dental and dental hygiene | ||
organizations.
| ||
No license shall be renewed unless the
renewal application | ||
is accompanied by an affidavit indicating that the
applicant | ||
has completed the required minimum number of hours of | ||
continuing
education in approved courses as required by this | ||
Section.
The affidavit shall not require a listing of courses. | ||
The affidavit
shall be a prima facie evidence that the | ||
applicant has obtained the minimum
number of required | ||
continuing education hours in approved courses. The
Department | ||
shall not be obligated to conduct random
audits or otherwise | ||
independently verify that an applicant has met the
continuing | ||
education requirement.
The Department, however, may not | ||
conduct random audits
of more than 10% of the licensed
dentists | ||
and dental hygienists in any one licensing cycle
to verify | ||
compliance
with continuing education requirements.
If the | ||
Department, however, receives a
complaint that a licensee has |
not completed the required continuing
education or if the | ||
Department is investigating another alleged violation
of this | ||
Act by a licensee, the Department may demand and shall be | ||
entitled
to receive evidence from any licensee of completion of | ||
required
continuing education courses for the most recently | ||
completed 3-year
licensing period.
Evidence of continuing | ||
education may include, but is not limited to, canceled
checks, | ||
official verification forms of attendance, and continuing | ||
education
recording forms, that demonstrate a reasonable | ||
record of attendance. The
Illinois State Board of
Dentistry | ||
shall determine, in accordance with rules adopted by the
| ||
Department,
whether a licensee or applicant has met the | ||
continuing education
requirements.
Any dentist who holds more | ||
than one license under this
Act shall be required to complete
| ||
only the minimum number of hours of continuing education | ||
required for
renewal of a single license. The Department may | ||
provide exemptions from
continuing education requirements. The | ||
exemptions shall include, but shall
not be limited to, dentists | ||
and dental hygienists who agree not to practice
within the | ||
State during the licensing period because they are retired from
| ||
practice.
| ||
(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 |
dentistry.
| ||
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 , except for | ||
the placing, carving, and finishing of amalgam | ||
restorations by dental assistants who have had |
additional formal education and certification as | ||
determined by the Department .
| ||
(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
| ||
State.
| ||
The authority to practice shall terminate immediately | ||
upon:
| ||
(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. 96-617, eff. 8-24-09.)
| ||
(225 ILCS 25/18)
(from Ch. 111, par. 2318)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 18. Acts constituting the practice of dental hygiene;
| ||
limitations. | ||
(a) A person practices dental hygiene within the meaning of | ||
this Act when
he or she performs the following acts under the | ||
supervision of a dentist:
| ||
(i) the operative procedure of dental hygiene, | ||
consisting of oral
prophylactic procedures;
| ||
(ii) the exposure and processing of X-Ray films of | ||
the teeth and
surrounding structures;
|
(iii) the application to the surfaces of the teeth | ||
or gums of chemical
compounds designed to be | ||
desensitizing agents or effective agents in the
| ||
prevention of dental caries or periodontal disease;
| ||
(iv) all services which may be performed by a
| ||
dental assistant as specified by rule pursuant to | ||
Section 17 , and a dental hygienist may engage in the | ||
placing, carving, and finishing of amalgam | ||
restorations only after obtaining formal education and | ||
certification as determined by the Department ;
| ||
(v) administration and monitoring of nitrous oxide | ||
upon successful
completion of a
training program | ||
approved by the Department;
| ||
(vi) administration of local anesthetics upon | ||
successful completion of
a
training program approved | ||
by the Department; and
| ||
(vii) such other procedures and acts as shall be | ||
prescribed
by
rule or regulation of the Department.
| ||
(b) A dental hygienist may be employed or engaged only:
| ||
(1) by a dentist;
| ||
(2) by a federal, State, county, or municipal agency or | ||
institution;
| ||
(3) by a public or private school; or
| ||
(4) by a public clinic operating under the direction of | ||
a hospital or
federal,
State, county, municipal, or other | ||
public agency or institution.
|
(c) When employed or engaged in the office of a dentist, a | ||
dental hygienist
may
perform, under general supervision, those | ||
procedures found in items (i) through
(iv) of
subsection (a) of | ||
this Section, provided the patient has been examined by the
| ||
dentist
within one year of the provision of dental hygiene | ||
services, the dentist has
approved the
dental hygiene services | ||
by a notation in the patient's record and the patient
has been
| ||
notified that the dentist may be out of the office during the | ||
provision of
dental hygiene
services.
| ||
(d) If a patient of record is unable to travel to a dental | ||
office because of
illness,
infirmity, or
imprisonment, a dental | ||
hygienist may perform, under the general supervision of
a | ||
dentist,
those procedures found in items (i) through (iv) of | ||
subsection (a) of this
Section,
provided the patient is located | ||
in a long-term care facility licensed by the
State of Illinois,
| ||
a mental health or developmental disability facility, or a | ||
State or federal
prison. The dentist
shall personally examine | ||
and diagnose the patient and determine which
services are | ||
necessary to be performed, which shall be contained in an order | ||
to the hygienist and a notation in the patient's record.
Such | ||
order must be implemented within 120 days
of its issuance, and | ||
an updated medical history and observation of oral
conditions
| ||
must be performed by the hygienist immediately prior to | ||
beginning the
procedures to ensure that the patient's health | ||
has not changed in any
manner to warrant a reexamination by the | ||
dentist.
|
(e) School-based oral health care,
consisting of and | ||
limited to oral prophylactic
procedures, sealants, and | ||
fluoride treatments,
may be provided by a dental hygienist
| ||
under the general supervision of a dentist. A dental hygienist | ||
may not provide
other dental hygiene treatment in a | ||
school-based setting, including but not
limited to | ||
administration or monitoring of nitrous oxide or | ||
administration of
local anesthetics. The school-based | ||
procedures may be performed provided the
patient is located at | ||
a public or private school and the program is being
conducted | ||
by a State, county or local public health department initiative | ||
or in
conjunction with a dental school or dental hygiene | ||
program.
The dentist shall personally examine and diagnose the | ||
patient and
determine
which services are necessary to be | ||
performed, which shall be contained in an
order to the
| ||
hygienist and a notation in the patient's record. Any such | ||
order for sealants must be implemented within 120 days after | ||
its issuance. Any such order for oral prophylactic procedures | ||
or fluoride treatments must be implemented within 180 days | ||
after its issuance. An updated medical history and observation | ||
of
oral conditions
must be
performed by the hygienist | ||
immediately prior to beginning the procedures to
ensure that
| ||
the patient's health has not changed in any manner to warrant a | ||
reexamination
by the
dentist.
| ||
(f) Without the supervision of a dentist, a dental | ||
hygienist
may perform
dental health education functions and may |
record case histories and oral
conditions observed.
| ||
(g) The number of dental hygienists practicing in a dental | ||
office shall
not
exceed, at any one time, 4 times the number of | ||
dentists practicing in the
office at the time.
| ||
(Source: P.A. 93-113, eff. 1-1-04; 93-821, eff. 7-28-04 .)
| ||
(225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 19. Licensing Applicants from other States. Any person | ||
who has
been lawfully licensed to practice dentistry, including | ||
the practice of a licensed dental specialty, or dental hygiene | ||
in
another state or territory
which has and maintains a | ||
standard for the practice of dentistry, a dental specialty, or | ||
dental
hygiene at least equal to that now maintained in this | ||
State, or if the
requirements for licensure in such state or | ||
territory in which the
applicant was licensed were, at the date | ||
of his licensure, substantially
equivalent to the requirements | ||
then in force in this State, and who has
been lawfully engaged | ||
in
the practice of dentistry or dental hygiene for at least 3 | ||
of the 5 years
immediately preceding the filing of his or her | ||
application
to practice in this State
and who shall deposit | ||
with the Department a duly attested certificate from
the Board | ||
of the state or territory in which he or she is licensed,
| ||
certifying to the fact of his or her licensing and of his or | ||
her being a
person of good moral character may, upon payment of | ||
the required fee, be
granted a license to practice dentistry, a |
dental specialty, or dental hygiene in this State, as the case | ||
may be.
| ||
For the purposes of this Section, "substantially | ||
equivalent" means that the applicant has presented evidence of | ||
completion and graduation from an American Dental Association | ||
accredited dental college or school in the United States or | ||
Canada, presented evidence that the applicant has passed both | ||
parts of the National Board Dental Examination, and | ||
successfully completed an examination conducted by a regional | ||
testing service. In in computing 3 of the immediately
preceding | ||
5 years of
practice in another state or territory, any person | ||
who left the practice
of dentistry to enter the military | ||
service and who practiced dentistry
while in the military | ||
service may count as a part of such period the
time spent by | ||
him in such service.
| ||
Applicants have 3 years from the date of application to | ||
complete the
application process. If the process has not been | ||
completed in 3 years,
the application shall be denied, the fee | ||
forfeited and the
applicant must reapply and meet the | ||
requirements in effect at the time of
reapplication.
| ||
(Source: P.A. 94-409, eff. 12-31-05.)
| ||
(225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 50. Patient Records. Every dentist shall make
a record | ||
of all dental work performed for each patient. The record shall
|
be made in a manner and in sufficient detail that it may be | ||
used for
identification purposes.
| ||
Dental records required by this Section shall be maintained | ||
for 10 years.
Dental records required to be maintained under | ||
this Section, or copies
of those dental records, shall be made | ||
available upon request to the
patient or the patient's | ||
guardian. A dentist shall be entitled to reasonable | ||
reimbursement for the cost of reproducing these records, which | ||
shall not exceed the cost allowed under Section 8-2003 of the | ||
Code of Civil Procedure. A dentist providing services through a | ||
mobile dental van or portable dental unit shall provide to the | ||
patient or the patient's parent or guardian, in writing, the | ||
dentist's name, license number, address, and information on how | ||
the patient or the patient's parent or guardian may obtain the | ||
patient's dental records, as provided by law.
| ||
(Source: P.A. 94-409, eff. 12-31-05.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2012.
|