Bill Amendment: IL HB0853 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REGULATION-TECH

Status: 2016-04-28 - House Floor Amendment No. 3 Rule 19(a) / Re-referred to Rules Committee [HB0853 Detail]

Download: Illinois-2015-HB0853-House_Amendment_002.html

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Rep. Michael J. Zalewski

Filed: 11/3/2015

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AMENDMENT TO HOUSE BILL 853
AMENDMENT NO. ______. Amend House Bill 853 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Section 4.36 as follows:
(5 ILCS 80/4.36)
Sec. 4.36. Acts Act repealed on January 1, 2026. The
following Acts are Act is repealed on January 1, 2026:
The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
The Collection Agency Act.
The Hearing Instrument Consumer Protection Act.
The Illinois Athletic Trainers Practice Act.
The Illinois Dental Practice Act.
The Illinois Roofing Industry Licensing Act.
The Illinois Physical Therapy Act.

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The Professional Geologist Licensing Act.
The Respiratory Care Practice Act.
(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
99-427, eff. 8-21-15; 99-469, eff. 8-26-15; revised 9-4-15.)
(5 ILCS 80/4.26 rep.)
Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.26.
Section 15. The Illinois Dental Practice Act is amended by
changing Sections 4, 6, 8.5, 16.1, 17, 18, 23, 24, 25, 26, 29,
30, 41, and 50 and by adding Section 18.1 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
(Text of Section before amendment by P.A. 99-25)
(Section scheduled to be repealed on January 1, 2016)
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

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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.
"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.

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"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

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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.
"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
nurse, or a licensed practical nurse licensed under the Nurse
Practice Act.

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"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 emergency responder" means a dentist or dental
hygienist who is appropriately certified in emergency medical
response, as defined by the Department of Public Health.
"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 3,000 hours
of clinical experience and has completed 12 hours of additional
course work in areas specific to public health dentistry,
including, but not limited to, emergency procedures for
medically compromised patients, pharmacology, medical
recordkeeping procedures, geriatric dentistry, pediatric
dentistry, and pathology, and works in a public health setting
pursuant to a written public health supervision agreement as
defined by rule by the Department with a dentist working in or
contracted with a local or State government agency or
institution or who is providing services as part of a certified
school-based program or school-based oral health program or a

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facility providing services to individuals (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.
"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; a certified school-based
health center or school-based oral health program; or a
facility providing services to individuals (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.
"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.
(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
(Text of Section after amendment by P.A. 99-25)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4. Definitions. As used in this Act:

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"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.
"Dental laboratory" means a person, firm or corporation
which:
(i) engages in making, providing, repairing or

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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

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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.
"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

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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
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

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full-time clinical experience or an equivalent of 3,000 hours
of clinical experience and has completed 12 hours of additional
course work in areas specific to public health dentistry,
including, but not limited to, emergency procedures for
medically compromised patients, pharmacology, medical
recordkeeping procedures, geriatric dentistry, pediatric
dentistry, and pathology, and works in a public health setting
pursuant to a written public health supervision agreement as
defined by rule by the Department with a dentist working in or
contracted with a local or State government agency or
institution or who is providing services as part of a certified
school-based program or school-based oral health program or a
facility providing services to individuals (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.
"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; a certified school-based
health center or school-based oral health program; or a
facility providing services to individuals (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.
"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

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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.
(Source: P.A. 99-25, eff. 1-1-16.)
(225 ILCS 25/6) (from Ch. 111, par. 2306)
(Section scheduled to be repealed on January 1, 2016)
Sec. 6. Board of Dentistry - Report By Majority Required.
There is created a Board of Dentistry, to be composed of
persons designated from time to time by the Secretary, as
follows:
Eleven persons, 8 of whom have been dentists for a period
of 5 years or more; 2 of whom have been dental hygienists for a
period of 5 years or more, and one public member. None of the
members shall be an officer, dean, assistant dean, or associate
dean of a dental college or dental department of an institute
of learning, nor shall any member be the program director of
any dental hygiene program. A board member who holds a faculty
position in a dental school or dental hygiene program shall not
participate in the examination of applicants for licenses from
that school or program. The dental hygienists shall not
participate in the examination of applicants for licenses to

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practice dentistry. The public member shall not participate in
the examination of applicants for licenses to practice
dentistry or dental hygiene. The board shall annually elect a
chairman and vice-chairman who shall be dentists a dentist.
Terms for all members shall be for 4 years. Partial terms
over 2 years in length shall be considered as full terms. A
member may be reappointed for a successive term, but no member
shall serve more than 2 full terms in his or her lifetime.
The membership of the Board shall include only residents
from various geographic areas of this State and shall include
at least some graduates from various institutions of dental
education in this State.
In making appointments to the Board the Secretary shall
give due consideration to recommendations by organizations of
the dental profession in Illinois, including the Illinois State
Dental Society and Illinois Dental Hygienists Association, and
shall promptly give due notice to such organizations of any
vacancy in the membership of the Board. The Secretary may
terminate the appointment of any member for cause which in the
opinion of the Secretary reasonably justifies such
termination.
A vacancy in the membership of the Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Board. Any action to be taken by the
Board under this Act may be authorized by resolution at any
regular or special meeting, and each such resolution shall take

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effect immediately. The Board shall meet at least quarterly.
The Board may adopt all rules and regulations necessary and
incident to its powers and duties under this Act.
The members of the Board shall each receive as compensation
a reasonable sum as determined by the Secretary for each day
actually engaged in the duties of the office, and all
legitimate and necessary expense incurred in attending the
meetings of the Board.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(Source: P.A. 97-1013, eff. 8-17-12.)
(225 ILCS 25/8.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice dentistry or
dental hygiene without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is
held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.

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(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 88-223; 89-80, eff. 6-30-95.)
(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

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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

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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 Board 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. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
(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 or herself as being able to
diagnose or diagnoses, treats, prescribes, or operates for
any disease, pain, deformity, deficiency, injury, or

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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

09900HB0853ham002 - 20 - LRB099 04677 MLM 39329 a
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

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in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he or she 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

09900HB0853ham002 - 22 - LRB099 04677 MLM 39329 a
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. A dentist utilizing
dental assistants shall not supervise more than 4
dental assistants at any one time for placing, carving,

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and finishing of amalgam restorations.
(3) Any and all correction of malformation of teeth
or of the jaws.
(4) Administration of anesthetics, except for
monitoring of nitrous oxide, conscious sedation, deep
sedation, and general anesthetic as provided in
Section 8.1 of this Act, that may be performed only
after successful completion of a training program
approved by the Department. A dentist utilizing dental
assistants shall not supervise more than 4 dental
assistants at any one time for the monitoring of
nitrous oxide.
(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 and pit and fissure sealants, 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

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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 or pit and fissure sealants.
In addition to coronal polishing and pit and
fissure sealants as described in this item (7), a
dental assistant who has successfully completed a
training program approved by rule by the Department may
perform intracoronal temporization of a tooth. The
training program approved by the Department must: (I)
include a minimum of 6 hours of instruction in both
didactic and clinical manikin or human subject
instruction; (II) include an outcome assessment
examination that demonstrates competency; and (III)
issue a certificate of completion of the training
program, which must be kept on file at the dental
office. A dental assistant performing these functions
shall be limited to the use of hand instruments only.
In addition, intracoronal temporization as described
in this paragraph shall only be utilized on patients
who are eligible for Medicaid or who are uninsured and
whose household income is not greater than 200% of the
federal poverty level. A dentist may not supervise more
than 2 dental assistants at any one time. This

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paragraph is inoperative on and after January 1, 2021.
The limitations on the number of dental assistants a
dentist may supervise contained in items (2), (4), and (7)
of this paragraph (g) mean a limit of 4 total dental
assistants or dental hygienists doing expanded functions
covered by these Sections being supervised by one dentist.
(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

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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 his or her
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. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
8-16-13; 98-756, eff. 7-16-14.)
(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

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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;

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(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

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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

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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.
(h) A dental hygienist who is certified as a public health
dental hygienist may provide services to patients: (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. A public health dental hygienist may perform
oral assessments, perform screenings, and provide educational
and preventative services as provided in subsection (b) of
Section 18.1 of this Act. The public health dental hygienist
may not administer local anesthesia or nitrous oxide, or place,
carve, or finish amalgam restorations. Each patient must sign a
consent form that acknowledges that the care received does not
take the place of a regular dental examination. The public
health dental hygienist must provide the patient or guardian a
written referral to a dentist for assessment of the need for
further dental care at the time of treatment. Any indication or
observation of a condition that could warrant the need for

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urgent attention must be reported immediately to the
supervising dentist for appropriate assessment and treatment.
This subsection (h) is inoperative on and after January 1,
2021.
(Source: P.A. 97-526, eff. 1-1-12.)
(225 ILCS 25/18.1 new)
Sec. 18.1. Public health dental supervision
responsibilities.
(a) When working together in a public health supervision
relationship, dentists and public health dental hygienists
shall enter into a public health supervision agreement. The
dentist providing public health supervision must:
(1) be available to provide an appropriate level of
contact, communication, collaboration, and consultation
with the public health dental hygienist and must meet
in-person with the public health dental hygienist at least
quarterly for review and consultation;
(2) have specific standing orders or policy guidelines
for procedures that are to be carried out for each location
or program, although the dentist need not be present when
the procedures are being performed;
(3) provide for the patient's additional necessary
care in consultation with the public health dental
hygienist;
(4) file agreements and notifications as required; and

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(5) include procedures for creating and maintaining
dental records, including protocols for transmission of
all records between the public health dental hygienist and
the dentist following each treatment, which shall include a
notation regarding procedures authorized by the dentist
and performed by the public health dental hygienist and the
location where those records are to be kept.
Each dentist and hygienist who enters into a public health
supervision agreement must document and maintain a copy of any
change or termination of that agreement.
Dental records shall be owned and maintained by the
supervising dentist for all patients treated under public
health supervision, unless the supervising dentist is an
employee of a public health clinic or federally qualified
health center, in which case the public health clinic or
federally qualified health center shall maintain the records.
If a dentist ceases to be employed or contracted by the
facility, the dentist shall notify the facility administrator
that the public health supervision agreement is no longer in
effect. A new public health supervision agreement is required
for the public health dental hygienist to continue treating
patients under public health supervision.
A dentist entering into an agreement under this Section may
supervise and enter into agreements for public health
supervision with 2 public health dental hygienists. This shall
be in addition to the limit of 4 dental hygienists per dentist

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set forth in subsection (g) of Section 18 of this Act.
(b) A public health dental hygienist providing services
under public health supervision may perform only those duties
within the accepted scope of practice of dental hygiene, as
follows:
(1) the operative procedures of dental hygiene,
consisting of oral prophylactic procedures, including
prophylactic cleanings, application of fluoride, and
placement of sealants;
(2) the exposure and processing of x-ray films of the
teeth and surrounding structures; and
(3) such other procedures and acts as shall be
prescribed by rule of the Department.
Any patient treated under this subsection (b) must be
referred to and examined by a dentist.
(c) A public health dental hygienist providing services
under public health supervision must:
(1) provide to the patient, parent, or guardian a
written plan for referral or an agreement for follow-up
that records all conditions observed that should be called
to the attention of a dentist for proper diagnosis;
(2) have each patient sign a permission slip or consent
form that informs them that the service to be received does
not take the place of regular dental checkups at a dental
office and is meant for people who otherwise would not have
access to the service;

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(3) inform each patient who may require further dental
services of that need;
(4) maintain an appropriate level of contact and
communication with the dentist providing public health
supervision; and
(5) complete an additional 4 hours of continuing
education in areas specific to public health dentistry
yearly.
(d) Each public health dental hygienist who has rendered
services under subsections (c), (d), and (e) of this Section
must complete a summary report at the completion of a program
or, in the case of an ongoing program, at least annually. The
report must be completed in the manner specified by the
Division of Oral Health in the Department of Public Health
including information about each location where the public
health dental hygienist has rendered these services. The public
health dental hygienist must submit the form to the dentist
providing supervision for his or her signature before sending
it to the Division.
(e) Public health dental hygienists providing services
under public health supervision may be compensated for their
work by salary, honoraria, and other mechanisms by the
employing or sponsoring entity. Nothing in this Act shall
preclude the entity that employs or sponsors a public health
dental hygienist from seeking payment, reimbursement, or other
source of funding for the services provided.

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(f) This Section is repealed on January 1, 2021.
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000 per
violation, with regard to any license for any one or any
combination of the following causes:
1. Fraud or misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act.
2. Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
3. Willful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear
Safety.
4. Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee
allowed by the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for

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bringing or referring a patient, except in regard to
referral services as provided for under Section 45, or
assisting in the care or treatment of a patient, without
the knowledge of the patient or his or her legal
representative. Nothing in this item 5 affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this item 5 shall be construed to require an
employment arrangement to receive professional fees for
services rendered.
6. Employing, procuring, inducing, aiding or abetting
a person not licensed or registered as a dentist or dental
hygienist to engage in the practice of dentistry or dental
hygiene. The person practiced upon is not an accomplice,
employer, procurer, inducer, aider, or abetter within the
meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.
8. Professional connection or association with or
lending his or her name to another for the illegal practice

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of dentistry by another, or professional connection or
association with any person, firm or corporation holding
himself, herself, themselves, or itself out in any manner
contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such
fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family Services
(formerly Department of Public Aid) under the Illinois
Public Aid Code.
10. Practicing under a false or, except as provided by
law, an assumed name.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that (i)
is a felony under the laws of this State or (ii) is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of dentistry.
13. Permitting a dental hygienist, dental assistant or

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other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his or her supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of any
person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
within this Act.
19. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross negligence in practice under this Act.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or reports
in his or her practice as a dentist, including, but not
limited to, false records to support claims against the
dental assistance program of the Department of Healthcare

09900HB0853ham002 - 39 - LRB099 04677 MLM 39329 a
and Family Services (formerly Illinois Department of
Public Aid).
23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's inability
to practice dentistry with reasonable judgment, skill or
safety. In enforcing this paragraph, the Department may
compel a person licensed to practice under this Act to
submit to a mental or physical examination pursuant to the
terms and conditions of Section 23b.
25. Gross or repeated irregularities in billing for
services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or
contagious disease proscribed by rule or regulation of the
Department.
27. Being named as a perpetrator in an indicated report

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by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
28. Violating the Health Care Worker Self-Referral
Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
31. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
32. Material misstatement in furnishing information to
the Department.
33. Failing, within 60 days, to provide information in
response to a written request by the Department in the
course of an investigation.
34. Immoral conduct in the commission of any act,
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
35. Cheating on or attempting to subvert the licensing
examination administered under this Act.
36. A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.

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37. Failure to establish and maintain records of
patient care and treatment as required under this Act.
38. Failure to provide copies of dental records as
required by law.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 3 years after
receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein. Except for fraud in procuring a license,
no action shall be commenced more than 7 5 years after the date
of the incident or act alleged to have violated this Section.
The time during which the holder of the license was outside the
State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the
Department.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,

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until such time as the requirements of any such tax Act are
satisfied.
Any dentist who has had his or her license suspended or
revoked for more than 5 years must comply with the requirements
for restoration set forth in Section 16 prior to being eligible
for reinstatement from the suspension or revocation.
(Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11;
97-813, eff. 7-13-12; 97-1013, eff. 8-17-12.)
(225 ILCS 25/24) (from Ch. 111, par. 2324)
(Section scheduled to be repealed on January 1, 2016)
Sec. 24. Refusal, Suspension or Revocation of Dental
Hygienist License. The Department may refuse to issue or renew
or may revoke, suspend, place on probation, reprimand or take
other disciplinary or non-disciplinary action as the
Department may deem proper, including imposing fines not to
exceed $10,000 per violation, with regard to any dental
hygienist license for any one or any combination of the
following causes:
1. Fraud or misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act.
2. Performing any operation not authorized by this Act.
3. Practicing dental hygiene other than under the
supervision of a licensed dentist as provided by this Act.
4. The wilful violation of, or the wilful procuring of,

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or knowingly assisting in the violation of, any Act which
is now or which hereafter may be in force in this State
relating to the use of habit-forming drugs.
5. The obtaining of, or an attempt to obtain a license,
or practice in the profession, or money, or any other thing
of value by fraudulent representation.
6. Gross negligence in performing the operative
procedure of dental hygiene.
7. Active practice of dental hygiene while knowingly
having any infectious, communicable, or contagious disease
proscribed by rule or regulation of the Department.
8. Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
9. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that (i)
is a felony or (ii) is a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of dental hygiene.
10. Aiding or abetting the unlicensed practice of
dentistry or dental hygiene.

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11. Discipline by another U.S. jurisdiction or a
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Act.
12. Violating the Health Care Worker Self-Referral
Act.
13. Violating the prohibitions of Section 38.1 of this
Act.
14. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
15. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
16. Material misstatement in furnishing information to
the Department.
17. Failing, within 60 days, to provide information in
response to a written request by the Department in the
course of an investigation.
18. Immoral conduct in the commission of any act,
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
19. Cheating on or attempting to subvert the licensing
examination administered under this Act.
20. Violations of this Act or of the rules promulgated
under this Act.

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21. Practicing under a false or, except as provided by
law, an assumed name.
The provisions of this Act relating to proceedings for the
suspension and revocation of a license to practice dentistry
shall apply to proceedings for the suspension or revocation of
a license as a dental hygienist.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper with regard to a license on any of the grounds
contained in this Section, must be commenced within 5 years
after receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described in this Section. Except for fraud in procuring a
license, no action shall be commenced more than 7 years after
the date of the incident or act alleged to have violated this
Section. The time during which the holder of the license was
outside the State of Illinois shall not be included within any
period of time limiting the commencement of disciplinary action
by the Department.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
Any dental hygienist who has had his or her license
suspended or revoked for more than 5 years must comply with the
requirements for restoration set forth in Section 16 prior to

09900HB0853ham002 - 46 - LRB099 04677 MLM 39329 a
being eligible for reinstatement from the suspension or
revocation.
(Source: P.A. 97-102, eff. 7-14-11; 97-1013, eff. 8-17-12.)
(225 ILCS 25/25) (from Ch. 111, par. 2325)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25. Notice of hearing; investigations and informal
conferences.
(a) Upon the motion of either the Department or the Board
or upon the verified complaint in writing of any person setting
forth facts which if proven would constitute grounds for
refusal, suspension or revocation of license under this Act,
the Board shall investigate the actions of any person,
hereinafter called the respondent, who holds or represents that
he or she holds a license. All such motions or complaints shall
be brought to the Board.
(b) Prior to taking an in-person statement from a dentist
or dental hygienist who is the subject of a complaint, the
investigator shall inform the dentist or the dental hygienist
in writing:
(1) that the dentist or dental hygienist is the subject
of a complaint;
(2) that the dentist or dental hygienist need not
immediately proceed with the interview and may seek
appropriate consultation prior to consenting to the
interview; and

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(3) that failure of the dentist or dental hygienist to
proceed with the interview shall not prohibit the
Department from conducting a visual inspection of the
facility.
A Department investigator's failure to comply with this
subsection may not be the sole ground for dismissal of any
order of the Department filed upon a finding of a violation or
for dismissal of a pending investigation.
(b-5) The duly authorized dental investigators of the
Department shall have the right to enter and inspect, during
business hours, the business premises of a dentist licensed
under this Act or of a person who holds himself or herself out
as practicing dentistry, with due consideration for patient
care of the subject of the investigation, so as to inspect the
physical premises and equipment and furnishings therein. This
right of inspection shall not include inspection of business,
medical, or personnel records located on the premises without a
Department subpoena issued in accordance with Section 25.1 of
this Act or Section 2105-105 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
For the purposes of this Section, "business premises" means the
office or offices where the dentist conducts the practice of
dentistry.
(c) If the Department concludes on the basis of a complaint
or its initial investigation that there is a possible violation
of the Act, the Department may:

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(1) schedule a hearing pursuant to this Act; or
(2) request in writing that the dentist or dental
hygienist being investigated attend an informal conference
with representatives of the Department.
The request for an informal conference shall contain the
nature of the alleged actions or inactions that constitute the
possible violations.
A dentist or dental hygienist shall be allowed to have
legal counsel at the informal conference. If the informal
conference results in a consent order between the accused
dentist or dental hygienist and the Department, the consent
order must be approved by the Secretary. However, if the
consent order would result in a fine exceeding $10,000 or the
suspension or revocation of the dentist or dental hygienist
license, the consent order must be approved by the Board and
the Secretary. Participation in the informal conference by a
dentist, a dental hygienist, or the Department and any
admissions or stipulations made by a dentist, a dental
hygienist, or the Department at the informal conference,
including any agreements in a consent order that is
subsequently disapproved by either the Board or the Secretary,
shall not be used against the dentist, dental hygienist, or
Department at any subsequent hearing and shall not become a
part of the record of the hearing.
(d) The Secretary shall, before suspending, revoking,
placing on probationary status, or taking any other

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disciplinary action as the Secretary may deem proper with
regard to any license, at least 30 days prior to the date set
for the hearing, notify the respondent in writing of any
charges made and the time and place for a hearing of the
charges before the Board, direct him or her to file his or her
written answer thereto to the Board under oath within 20 days
after the service on him or her of such notice and inform him
or her that if he or she fails to file such answer default will
be taken against him or her and his or her license may be
suspended, revoked, placed on probationary status, or other
disciplinary action may be taken with regard thereto, including
limiting the scope, nature or extent of his or her practice, as
the Secretary may deem proper.
(e) Such written notice and any notice in such proceedings
thereafter may be served by delivery personally to the
respondent, or by registered or certified mail to the address
last theretofore specified by the respondent in his or her last
notification to the Secretary.
(Source: P.A. 97-1013, eff. 8-17-12.)
(225 ILCS 25/26) (from Ch. 111, par. 2326)
(Section scheduled to be repealed on January 1, 2016)
Sec. 26. Disciplinary actions.
(a) In case the respondent, after receiving notice, fails
to file an answer, his or her license may, in the discretion of
the Secretary, having first received the recommendation of the

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Board, be suspended, revoked, placed on probationary status, or
the Secretary may take whatever disciplinary or
non-disciplinary action he or she may deem proper, including
limiting the scope, nature, or extent of the person's practice
or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for such action
under this Act.
(b) The Secretary may temporarily suspend the license of a
dentist or dental hygienist without a hearing, simultaneous to
the institution of proceedings for a hearing under this Act, if
the Secretary finds that evidence in his or her possession
indicates that a dentist's or dental hygienist's continuation
in practice would constitute an immediate danger to the public.
In the event that the Secretary temporarily suspends the
license of a dentist or a dental hygienist without a hearing, a
hearing by the Board must be held within 15 days after such
suspension has occurred.
(c) The entry of a judgment by any circuit court
establishing that any person holding a license under this Act
is a person subject to involuntary admission under the Mental
Health and Developmental Disabilities Code shall operate as a
suspension of that license. That person may resume his or her
practice only upon a finding by the Board that he or she has
been determined to be no longer subject to involuntary
admission by the court and upon the Board's recommendation to
the Secretary that he or she be permitted to resume his or her

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practice.
(Source: P.A. 97-1013, eff. 8-17-12.)
(225 ILCS 25/29) (from Ch. 111, par. 2329)
(Section scheduled to be repealed on January 1, 2016)
Sec. 29. Recommendations for disciplinary action - Action
by Secretary. The Board may advise the Secretary that probation
be granted or that other disciplinary action, including the
limitation of the scope, nature or extent of a person's
practice, be taken, as it deems proper. If disciplinary action
other than suspension or revocation is taken, the Board may
advise that the Secretary impose reasonable limitations and
requirements upon the respondent to insure compliance with the
terms of the probation or other disciplinary action, including,
but not limited to, regular reporting by the respondent to the
Secretary of his or her actions, or the respondent's placing
himself or herself under the care of a qualified physician for
treatment or limiting his or her practice in such manner as the
Secretary may require.
The Board shall present to the Secretary a written report
of its findings and recommendations. A copy of such report
shall be served upon the respondent, either personally or by
registered or certified mail. Within 20 days after such
service, the respondent may present to the Department his or
her motion in writing for a rehearing, specifying the
particular ground therefor. If the respondent orders from the

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reporting service and pays for a transcript of the record, the
time elapsing thereafter and before such transcript is ready
for delivery to him or her shall not be counted as part of such
20 days.
At the expiration of the time allowed for filing a motion
for rehearing the Secretary may take the action recommended by
the Board. Upon suspension, revocation, placement on
probationary status, or the taking of any other disciplinary
action, including the limiting of the scope, nature, or extent
of one's practice, deemed proper by the Secretary, with regard
to the license, the respondent shall surrender his or her
license to the Department, if ordered to do so by the
Department, and upon his or her failure or refusal to do so,
the Department may seize the same.
In all instances under this Act in which the Board has
rendered a recommendation to the Secretary with respect to a
particular person, the Secretary shall, to the extent that he
or she disagrees with or takes action contrary to the
recommendation of the Board, file with the Board his or her
specific written reasons of disagreement. Such reasons shall be
filed within 30 days after the Secretary has taken the contrary
position.
Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement of
the ground or grounds upon which the Department's action is
based, as well as the specific terms and conditions of such

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action. The original of this document shall be retained as a
permanent record by the Board and the Department. In those
instances where an order of revocation, suspension, or other
disciplinary action has been rendered by virtue of a dentist's
or dental hygienist's physical illness, including, but not
limited to, deterioration through the aging process, or loss of
motor skill which results in an inability to practice with
reasonable judgment, skill, or safety, the Department shall
permit only this document and the record of the hearing
incident thereto to be observed, inspected, viewed, or copied
pursuant to court order.
(Source: P.A. 97-1013, eff. 8-17-12.)
(225 ILCS 25/30) (from Ch. 111, par. 2330)
(Section scheduled to be repealed on January 1, 2016)
Sec. 30. Appointment of a Hearing Officer. The Secretary
shall have the authority to appoint any attorney duly licensed
to practice law in the State of Illinois to serve as the
hearing officer if any action for refusal to issue, renew or
discipline of a license. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the Board and
the Secretary. The Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
its findings of fact, conclusions of law and recommendations to
the Secretary. If the Board fails to present its report within

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the 60 day period, the Secretary shall issue an order based on
the report of the hearing officer. If the Secretary determines
that the Board's report is contrary to the manifest weight of
the evidence, he or she may issue an order in contravention of
the Board's report.
Whenever the Secretary is satisfied that substantial
justice has not been done in a formal disciplinary action or
refusal to restore a license, he or she may order a
reexamination or rehearing by the same or other hearing
officer.
(Source: P.A. 97-1013, eff. 8-17-12.)
(225 ILCS 25/41) (from Ch. 111, par. 2341)
(Section scheduled to be repealed on January 1, 2016)
Sec. 41. Dental Coordinator. The Department shall select a
dental coordinator, who shall not be a member of the Board. The
dental coordinator shall be a dentist. The dental coordinator
shall be the chief enforcement officer of the disciplinary
provisions of this Act.
The Department shall employ, in conformity with the
"Personnel Code", such investigators as it deems necessary to
investigate violations of this Act not less than one full-time
investigator for every 3,000 dentists and dental hygienists in
the State. Each investigator shall be a college graduate with
at least 2 years' investigative experience or one year of
advanced dental or medical education. The Department shall

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employ, in conformity with the "Personnel Code", such other
professional, technical, investigative and clerical assistance
on either a full or part-time basis, as the Department deems
necessary for the proper performance of its duties. The
Department shall retain and use such hearing officers as it
deems necessary. All employees of the Department shall be
directed by, and answerable to, the Department, with respect to
their duties and functions.
(Source: P.A. 84-365.)
(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 8-2001 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

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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. 97-526, eff. 1-1-12.)
(225 ILCS 25/35 rep.)
Section 20. The Illinois Dental Practice Act is amended by
repealing Section 35.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect December
31, 2015.".