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Public Act 102-0093


 

Public Act 0093 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0093
 
SB0335 EnrolledLRB102 10201 SPS 15524 b

    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 and 9 as follows:
 
    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4. Definitions. As used in this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
    "Department" means the Department of Financial and
Professional Regulation.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Board" means the Board of Dentistry.
    "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.
    "Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
    "Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
    "Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
    "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.
    "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.
    "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.
    "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.
    "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.
    "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, and dental anesthesiology.
    "Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
    "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.
    "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.
    "Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
    "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.
    "Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
    "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.
    "Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience and has completed at least 42 clock
hours of additional structured courses in dental education in
advanced areas specific to public health dentistry.
    "Public health setting" means a federally qualified health
center; a federal, State, or local public health facility;
Head Start; a special supplemental nutrition program for
Women, Infants, and Children (WIC) facility; or a certified
school-based health center or school-based oral health
program.
    "Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who
are eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 200% of the federal
poverty level.
    "Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
(Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff.
7-26-19; revised 9-27-19.)
 
    (225 ILCS 25/9)  (from Ch. 111, par. 2309)
    (Section scheduled to be repealed on January 1, 2026)
    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 the applicant has: (A)
    completed a minimum of 2 academic years of general dental
    clinical training and obtained a doctorate of dental
    surgery (DDS) or doctorate of dental medicine (DMD) at a
    dental college or school in the United States or Canada
    approved by the Department; or (B) met the program
    requirements approved by rule by the Department.
        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 the integrated 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), the Commission on Dental
    Competency Assessments (CDCA) 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 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. 99-366, eff. 1-1-16; 100-215, eff. 1-1-18.)

Effective Date: 1/1/2022