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Public Act 92-0280
SB447 Enrolled LRB9200926LBcsD
AN ACT to amend the Illinois Dental Practice Act.
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, 8.1, 11, and 45 and by adding Section
44.1 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
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 a dentist authorize the procedures
which are being carried out, but not requiring that a dentist
be present when the authorized procedures are being
performed. The authorized procedures may also be performed
at a place other than the dentist's usual place of practice.
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, and
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 anesthesist licensed as an
advanced practice nurse, or a licensed practical nurse
licensed under the Nursing and Advanced Practice Nursing Act.
(Source: P.A. 91-138, eff. 1-1-00; 91-689, eff. 1-1-01.)
(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
Sec. 8.1. No licensed dentist shall administer general
anesthesia or parenteral conscious sedation without first
applying for and obtaining a permit for such purpose from the
Department. The Department shall issue such permit only
after ascertaining that the applicant possesses the minimum
qualifications necessary to protect public safety. A person
with a dental degree who administers anesthesia or parenteral
conscious sedation in an approved hospital training program
under the supervision of either a licensed dentist holding
such permit or a physician licensed to practice medicine in
all its branches shall not be required to obtain such permit.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
(225 ILCS 25/11) (from Ch. 111, par. 2311)
Sec. 11. Types of Dental Licenses. The Department shall
have the authority to issue the following types of licenses:
(a) General licenses. The Department shall issue a
license authorizing practice as a dentist to any person who
qualifies for a license under this Act.
(b) Specialty licenses. The Department shall issue a
license authorizing practice as a specialist in any
particular branch of dentistry to any dentist who has
complied with the requirements established for that
particular branch of dentistry at the time of making
application. The Department shall establish additional
requirements of any dentist who announces or holds himself or
herself out to the public as a specialist or as being
specially qualified in any particular branch of dentistry.
No dentist shall announce or hold himself or herself out
to the public as a specialist or as being specially qualified
in any particular branch of dentistry unless he or she is
licensed to practice in that specialty of dentistry.
The fact that any dentist shall announce by card,
letterhead or any other form of communication using terms as
"Specialist," "Practice Limited To" or "Limited to Specialty
of" with the name of the branch of dentistry practiced as a
specialty, or shall use equivalent words or phrases to
announce the same, shall be prima facie evidence that the
dentist is holding himself or herself out to the public as a
specialist.
(c) Temporary training licenses. Persons who wish to
pursue specialty or other advanced clinical educational
programs in an approved dental school or a hospital situated
in this State, or persons who wish to pursue programs of
specialty training in dental public health in public agencies
in this State, may receive without examination, in the
discretion of the Department, a temporary training license.
In order to receive a temporary training license under this
subsection, an applicant shall furnish satisfactory proof to
the Department that:
(1) The applicant is at least 21 years of age and
is of good moral character. In determining moral
character under this Section, the Department may take
into consideration any felony conviction of the
applicant, but such a conviction shall not operate as bar
to licensure;
(2) The applicant has been accepted or appointed
for specialty or residency training by an approved
hospital situated in this State, by an approved dental
school situated in this State, or by a public health
agency in this State the training programs of which are
recognized and approved by the Department. The applicant
shall indicate the beginning and ending dates of the
period for which he or she has been accepted or
appointed;
(3) The applicant is a graduate of a dental school
or college approved and in good standing in the judgment
of the Department. The Department may consider diplomas
or certifications of education, or both, accompanied by
transcripts of course work and credits awarded to
determine if an applicant has graduated from a dental
school or college approved and in good standing. The
Department may also consider diplomas or certifications
of education, or both, accompanied by transcripts of
course work and credits awarded in determining whether a
dental school or college is approved and in good
standing.
Temporary training licenses issued under this Section
shall be valid only for the duration of the period of
residency or specialty training and may be extended or
renewed as prescribed by rule. The holder of a valid
temporary training license shall be entitled thereby to
perform acts as may be prescribed by and incidental to his or
her program of residency or specialty training; but he or she
shall not be entitled to engage in the practice of dentistry
in this State.
A temporary training license may be revoked by the
Department upon proof that the holder has engaged in the
practice of dentistry in this State outside of his or her
program of residency or specialty training, or if the holder
shall fail to supply the Department, within 10 days of its
request, with information as to his or her current status and
activities in his or her specialty training program.
(d) Restricted faculty licenses. Persons who have
received full-time appointments to teach dentistry at an
approved dental school or hospital situated in this State may
receive without examination, in the discretion of the
Department, a restricted faculty license. In order to
receive a restricted faculty license an applicant shall
furnish satisfactory proof to the Department that:
(1) The applicant is at least 21 years of age, is
of good moral character and is licensed to practice
dentistry in another state or country; and
(2) The applicant has a full-time an appointment to
teach dentistry at an approved dental school or hospital
situated in this State.
Restricted faculty licenses issued under this Section
shall be valid only for a period of 2 5 years and may not be
extended or renewed. The holder of a valid restricted
faculty license may perform acts as may be required
prescribed by his or her teaching of dentistry, but may not
otherwise engage in the practice of dentistry in this State.
In addition, the holder of a restricted faculty license may
practice general dentistry or in his or her area of
specialty, but only in a clinic or office affiliated with the
dental school. Any restricted faculty license issued to a
faculty member under this Section shall terminate immediately
and automatically, without any further action by the
Department, if the holder ceases to be a faculty member at an
approved dental school or hospital in this State.
The Department may revoke a restricted faculty license
for a violation of this Act or its rules A restricted faculty
license may be revoked by the Department upon proof that the
holder thereof has engaged in the practice of dentistry in
this State outside of his teaching of dentistry, or if the
holder fails to supply the Department, within 10 days of its
request, with information as to his current status and
activities in his teaching program.
(e) Inactive status. Any person who holds one of the
licenses under subsection (a) or (b) of Section 11 or under
Section 12 of this Act may elect, upon payment of the
required fee, to place his or her license on an inactive
status and shall, subject to the rules of the Department, be
excused from the payment of renewal fees until he or she
notifies the Department in writing of his or her desire to
resume active status.
Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee and upon
payment the Department shall be required to restore his or
her license, as provided in Section 16 of this Act.
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(f) Certificates of Identification. In addition to the
licenses authorized by this Section, the Department shall
deliver to each dentist a certificate of identification in a
form specified by the Department.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
(225 ILCS 25/44.1 new)
Sec. 44.1. Nurses; dental care. Nurses may be employed
by a dentist and may perform those duties permitted by their
licenses.
(225 ILCS 25/45) (from Ch. 111, par. 2345)
Sec. 45. Advertising. The purpose of this Section is to
authorize and regulate the advertisement by dentists of
information which is intended to provide the public with a
sufficient basis upon which to make an informed selection of
dentists while protecting the public from false or misleading
advertisements which would detract from the fair and rational
selection process.
Any dentist may advertise the availability of dental
services in the public media or on the premises where such
dental services are rendered. Such advertising shall be
limited to the following information:
(a) The dental services available;
(b) Publication of the dentist's name, title, office
hours, address and telephone;
(c) Information pertaining to his or her area of
specialization, including appropriate board certification or
limitation of professional practice;
(d) Information on usual and customary fees for routine
dental services offered, which information shall include
notification that fees may be adjusted due to complications
or unforeseen circumstances;
(e) Announcement of the opening of, change of, absence
from, or return to business;
(f) Announcement of additions to or deletions from
professional dental staff;
(g) The issuance of business or appointment cards;
(h) Other information about the dentist, dentist's
practice or the types of dental services which the dentist
offers to perform which a reasonable person might regard as
relevant in determining whether to seek the dentist's
services. However, any advertisement which announces the
availability of endodontics, pediatric dentistry,
periodontics, prosthodontics, orthodontics and dentofacial
orthopedics, or oral and maxillofacial surgery, or oral and
maxillofacial radiology by a general dentist or by a licensed
specialist who is not licensed in that specialty shall
include a disclaimer stating that the dentist does not hold a
license in that specialty.
It is unlawful for any dentist licensed under this Act:
(1) To use testimonials or claims of superior
quality of care to entice the public;
(2) To advertise in any way to practice dentistry
without causing pain;
(3) To pay a fee to any dental referral service or
other third party who advertises a dental referral
service, unless all advertising of the dental referral
service makes it clear that dentists are paying a fee for
that referral service; or
(4) To advertise or offer gifts as an inducement to
secure dental patronage. Dentists may advertise or offer
free examinations or free dental services; it shall be
unlawful, however, for any dentist to charge a fee to any
new patient for any dental service provided at the time
that such free examination or free dental services are
provided.
This Act does not authorize the advertising of dental
services when the offeror of such services is not a dentist.
Nor shall the dentist use statements which contain false,
fraudulent, deceptive or misleading material or guarantees of
success, statements which play upon the vanity or fears of
the public, or statements which promote or produce unfair
competition.
A dentist shall be required to keep a copy of all
advertisements for a period of 3 years. All advertisements
in the dentist's possession shall indicate the accurate date
and place of publication.
The Department shall adopt rules to carry out the intent
of this Section.
(Source: P.A. 88-635, eff. 1-1-95; 89-80, eff. 6-30-95;
89-116, eff. 7-7-95.)
Passed in the General Assembly May 23, 2001.
Approved August 07, 2001.
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