Bill Text: IL HB2077 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the bill as amended by Senate Amendment No. 3 with the following changes. Provides that any pharmacist who dispenses in good faith based upon a valid prescription (rather than upon a prescription) that is not prescribed electronically may be exempt (rather than is exempt) from any disciplinary action. Makes a grammatical change.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0425 [HB2077 Detail]
Download: Illinois-2023-HB2077-Introduced.html
Bill Title: Reinserts the provisions of the bill as amended by Senate Amendment No. 3 with the following changes. Provides that any pharmacist who dispenses in good faith based upon a valid prescription (rather than upon a prescription) that is not prescribed electronically may be exempt (rather than is exempt) from any disciplinary action. Makes a grammatical change.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0425 [HB2077 Detail]
Download: Illinois-2023-HB2077-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Dental Practice Act is amended by | |||||||||||||||||||
5 | changing Sections 4, 11, 17, 19, and 50 and by adding Sections | |||||||||||||||||||
6 | 11.5 and 50.1 as follows:
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7 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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8 | (Section scheduled to be repealed on January 1, 2026)
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9 | Sec. 4. Definitions. As used in this Act:
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10 | "Address of record" means the designated address recorded | |||||||||||||||||||
11 | by the Department in the applicant's or licensee's application | |||||||||||||||||||
12 | file or license file as maintained by the Department's | |||||||||||||||||||
13 | licensure maintenance unit. It is the duty of the applicant or | |||||||||||||||||||
14 | licensee to inform the Department of any change of address and | |||||||||||||||||||
15 | those changes must be made either through the Department's | |||||||||||||||||||
16 | website or by contacting the Department. | |||||||||||||||||||
17 | "Department" means the Department of Financial and | |||||||||||||||||||
18 | Professional Regulation.
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19 | "Secretary" means the Secretary of Financial and | |||||||||||||||||||
20 | Professional Regulation.
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21 | "Board" means the Board of Dentistry.
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22 | "Dentist" means a person who has received a general | |||||||||||||||||||
23 | license pursuant
to paragraph (a) of Section 11 of this Act and |
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1 | who may perform any intraoral
and extraoral procedure required | ||||||
2 | in the practice of dentistry and to whom is
reserved the | ||||||
3 | responsibilities specified in Section 17.
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4 | "Dental hygienist" means a person who holds a license | ||||||
5 | under this Act to
perform dental services as authorized by | ||||||
6 | Section 18.
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7 | "Dental assistant" means an appropriately trained person
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8 | who, under the supervision of a dentist, provides dental | ||||||
9 | services
as authorized by Section 17.
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10 | "Expanded function dental assistant" means a dental | ||||||
11 | assistant who has completed the training required by Section | ||||||
12 | 17.1 of this Act. | ||||||
13 | "Dental laboratory" means a person, firm , or corporation | ||||||
14 | which:
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15 | (i) engages in making, providing, repairing , or | ||||||
16 | altering dental
prosthetic appliances and other artificial | ||||||
17 | materials and devices which are
returned to a dentist for | ||||||
18 | insertion into the human oral cavity or which
come in | ||||||
19 | contact with its adjacent structures and tissues; and
| ||||||
20 | (ii) utilizes or employs a dental technician to | ||||||
21 | provide such services; and
| ||||||
22 | (iii) performs such functions only for a dentist or | ||||||
23 | dentists.
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24 | "Supervision" means supervision of a dental hygienist or a | ||||||
25 | dental
assistant requiring that a dentist authorize the | ||||||
26 | procedure, remain in the
dental facility while the procedure |
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1 | is performed, and approve the work
performed by the dental | ||||||
2 | hygienist or dental assistant before dismissal of
the patient, | ||||||
3 | but does not mean that the dentist must be present at all
times | ||||||
4 | in the treatment room.
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5 | "General supervision" means supervision of a dental | ||||||
6 | hygienist
requiring that the patient be a patient of record,
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7 | that the dentist
examine the patient in accordance with | ||||||
8 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
9 | that the
dentist authorize the procedures which
are being | ||||||
10 | carried
out by a notation in the patient's record, but not | ||||||
11 | requiring that a dentist
be present when the authorized
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12 | procedures are being performed. The
issuance of a prescription | ||||||
13 | to a dental laboratory by a
dentist does not constitute | ||||||
14 | general supervision.
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15 | "Public member" means a person who is not a health | ||||||
16 | professional.
For purposes of board membership, any person | ||||||
17 | with a significant financial
interest in a health service or | ||||||
18 | profession is not a public member.
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19 | "Dentistry" means the healing art which is concerned with | ||||||
20 | the
examination, diagnosis, treatment planning , and care of | ||||||
21 | conditions within
the human oral cavity and its adjacent | ||||||
22 | tissues and structures, as further
specified in Section 17.
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23 | "Branches of dentistry" means the various specialties of | ||||||
24 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
25 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
26 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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1 | periodontics, prosthodontics, oral and maxillofacial
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2 | radiology, and dental anesthesiology.
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3 | "Specialist" means a dentist who has received a specialty | ||||||
4 | license
pursuant to Section 11(b).
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5 | "Dental technician" means a person who owns, operates , or | ||||||
6 | is
employed by a dental laboratory and engages in making, | ||||||
7 | providing, repairing ,
or altering dental prosthetic appliances | ||||||
8 | and other artificial materials and
devices which are returned | ||||||
9 | to a dentist for insertion into the human oral
cavity or which | ||||||
10 | come in contact with its adjacent structures and tissues.
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11 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
12 | dentist
or dental hygienist who is unable to practice with
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13 | reasonable skill and safety because of a physical or mental | ||||||
14 | disability as
evidenced by a written determination or written | ||||||
15 | consent based on clinical
evidence, including deterioration | ||||||
16 | through the aging process, loss of motor
skills, abuse of | ||||||
17 | drugs or alcohol, or a psychiatric disorder, of sufficient
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18 | degree to diminish the person's ability to deliver competent | ||||||
19 | patient care.
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20 | "Nurse" means a registered professional nurse, a certified | ||||||
21 | registered
nurse anesthetist licensed as an advanced practice
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22 | registered nurse, or a licensed practical nurse licensed under | ||||||
23 | the Nurse Practice Act.
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24 | "Patient of record" means a patient for whom the patient's | ||||||
25 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
26 | history and on whom the dentist has performed an
examination |
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1 | and evaluated the condition to be treated.
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2 | "Dental responder" means a dentist or dental hygienist who | ||||||
3 | is appropriately certified in disaster preparedness, | ||||||
4 | immunizations, and dental humanitarian medical response | ||||||
5 | consistent with the Society of Disaster Medicine and Public | ||||||
6 | Health and training certified by the National Incident | ||||||
7 | Management System or the National Disaster Life Support | ||||||
8 | Foundation.
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9 | "Mobile dental van or portable dental unit" means any | ||||||
10 | self-contained or portable dental unit in which dentistry is | ||||||
11 | practiced that can be moved, towed, or transported from one | ||||||
12 | location to another in order to establish a location where | ||||||
13 | dental services can be provided. | ||||||
14 | "Public health dental hygienist" means a hygienist who | ||||||
15 | holds a valid license to practice in the State, has 2 years of | ||||||
16 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
17 | of clinical experience , and has completed at least 42 clock | ||||||
18 | hours of additional structured courses in dental education in | ||||||
19 | advanced areas specific to public health dentistry. | ||||||
20 | "Public health setting" means a federally qualified health | ||||||
21 | center; a federal, State, or local public health facility; | ||||||
22 | Head Start; a special supplemental nutrition program for | ||||||
23 | Women, Infants, and Children (WIC) facility; a certified | ||||||
24 | school-based health center or school-based oral health | ||||||
25 | program; a prison; or a long-term care facility. | ||||||
26 | "Public health supervision" means the supervision of a |
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1 | public health dental hygienist by a licensed dentist who has a | ||||||
2 | written public health supervision agreement with that public | ||||||
3 | health dental hygienist while working in an approved facility | ||||||
4 | or program that allows the public health dental hygienist to | ||||||
5 | treat patients, without a dentist first examining the patient | ||||||
6 | and being present in the facility during treatment, (1) who | ||||||
7 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
8 | household income is not greater than 300% 200% of the federal | ||||||
9 | poverty level. | ||||||
10 | "Teledentistry" means the use of telehealth systems and | ||||||
11 | methodologies in dentistry and includes patient care and | ||||||
12 | education delivery using synchronous and asynchronous | ||||||
13 | communications under a dentist's authority as provided under | ||||||
14 | this Act. | ||||||
15 | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | ||||||
16 | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | ||||||
17 | 1-1-23 .)
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18 | (225 ILCS 25/11) (from Ch. 111, par. 2311)
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19 | (Section scheduled to be repealed on January 1, 2026)
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20 | Sec. 11. Types of dental licenses. The Department shall | ||||||
21 | have the
authority to issue the following types of licenses:
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22 | (a) General licenses. The Department shall issue a license | ||||||
23 | authorizing
practice as a dentist to any person who qualifies | ||||||
24 | for a license under this Act.
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25 | (b) Specialty licenses. The Department shall issue a
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1 | license authorizing practice as a specialist in any particular
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2 | branch of dentistry to any dentist who has complied with the
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3 | requirements established for that particular branch of | ||||||
4 | dentistry at the
time of making application. The Department | ||||||
5 | shall establish additional
requirements of any dentist who | ||||||
6 | announces or holds himself or herself out
to the public as a | ||||||
7 | specialist or as being specially qualified in any
particular | ||||||
8 | branch of dentistry.
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9 | No dentist shall announce or hold himself or herself out | ||||||
10 | to the public as
a specialist or as being specially qualified | ||||||
11 | in any particular branch of
dentistry unless he or she is | ||||||
12 | licensed to practice in that specialty of
dentistry.
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13 | The fact that any dentist shall announce by card, | ||||||
14 | letterhead , or any
other form of communication using terms as | ||||||
15 | "Specialist ", ," "Practice
Limited To" , or "Limited to | ||||||
16 | Specialty of" with the name of the branch of
dentistry | ||||||
17 | practiced as a specialty, or shall use equivalent words or
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18 | phrases to announce the same, shall be prima facie evidence | ||||||
19 | that the
dentist is holding himself or herself out to the | ||||||
20 | public as a specialist.
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21 | (c) Temporary training licenses. Persons who wish to | ||||||
22 | pursue
specialty or other advanced clinical educational | ||||||
23 | programs
in an approved dental school or a hospital situated
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24 | in this State, or persons who wish to pursue programs of | ||||||
25 | specialty
training in dental public health in public agencies | ||||||
26 | in this State, may
receive without examination, in the |
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1 | discretion of the Department, a
temporary training license. In | ||||||
2 | order to receive a temporary
training license under this | ||||||
3 | subsection, an applicant shall furnish
satisfactory proof to | ||||||
4 | the Department that:
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5 | (1) The applicant is at least 21 years of age and is of | ||||||
6 | good moral
character. In determining moral character under | ||||||
7 | this Section, the
Department may take into consideration | ||||||
8 | any felony conviction of the
applicant, but such a | ||||||
9 | conviction shall not operate as bar to licensure;
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10 | (2) The applicant has been accepted or appointed for | ||||||
11 | specialty or
residency training by an approved hospital | ||||||
12 | situated in this State, by an
approved dental school | ||||||
13 | situated in this State, or by a public health agency
in | ||||||
14 | this State the training programs of which are recognized | ||||||
15 | and approved by
the Department. The applicant shall | ||||||
16 | indicate the beginning and ending
dates of the period for | ||||||
17 | which he or she has been accepted or appointed;
| ||||||
18 | (3) The applicant is a graduate of a dental school or | ||||||
19 | college approved
and in good standing in the judgment of | ||||||
20 | the Department.
The Department may consider diplomas or | ||||||
21 | certifications of education, or both,
accompanied by | ||||||
22 | transcripts of course work and credits awarded to | ||||||
23 | determine
if an applicant has graduated from a dental | ||||||
24 | school or college approved and
in good standing. The | ||||||
25 | Department may also consider diplomas or
certifications of | ||||||
26 | education, or both, accompanied by transcripts of course
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1 | work and credits awarded in determining whether a dental | ||||||
2 | school or college
is approved and in good standing.
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3 | Temporary training licenses issued under this
Section | ||||||
4 | shall be valid only for the duration of the period of residency | ||||||
5 | or
specialty training and may be extended or renewed as | ||||||
6 | prescribed by rule.
The holder of a valid temporary training | ||||||
7 | license shall be entitled thereby to
perform acts as may be | ||||||
8 | prescribed by and incidental to his or her program of
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9 | residency or specialty training; but he or she shall not be | ||||||
10 | entitled to
engage in the practice of dentistry in this State.
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11 | A temporary training license may be revoked by the
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12 | Department upon proof that the holder has engaged in the
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13 | practice of dentistry in this State outside of his or her | ||||||
14 | program of residency
or specialty training, or if the holder | ||||||
15 | shall fail to supply the
Department, within 10 days of its | ||||||
16 | request, with information as to his
or her current status and | ||||||
17 | activities in his or her specialty training program.
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18 | (d) Faculty limited licenses.
Persons who have received | ||||||
19 | full-time appointments to
teach dentistry at an approved | ||||||
20 | dental school or hospital situated in this
State may receive | ||||||
21 | without examination, in the discretion of the Department,
a | ||||||
22 | faculty limited license. In order to
receive a faculty limited | ||||||
23 | license an applicant shall furnish satisfactory
proof to the | ||||||
24 | Department that:
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25 | (1) The applicant is at least 21 years of age, is of | ||||||
26 | good moral
character , and is licensed to
practice |
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1 | dentistry in another state or country; and
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2 | (2) The applicant has a full-time appointment to teach
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3 | dentistry at an approved
dental school or hospital | ||||||
4 | situated in this State.
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5 | Faculty limited licenses issued under
this Section shall | ||||||
6 | be
valid for a period of 3 years and may be extended or
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7 | renewed. The
holder of a valid faculty limited license
may | ||||||
8 | perform acts as may
be required by his or her teaching of | ||||||
9 | dentistry.
The In addition, the holder of a faculty limited | ||||||
10 | license may practice general
dentistry or in his or her area of | ||||||
11 | specialty, but only in a clinic or office
affiliated with the | ||||||
12 | dental school. The holder of a faculty limited license may | ||||||
13 | advertise a specialty degree as part of the licensee's ability | ||||||
14 | to practice in a faculty practice. Any faculty limited license | ||||||
15 | issued to a
faculty member under this Section shall terminate | ||||||
16 | immediately and
automatically,
without any further action by | ||||||
17 | the Department, if the holder ceases to be a
faculty member at | ||||||
18 | an approved dental school or hospital in this State.
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19 | The Department may revoke a faculty limited license for a | ||||||
20 | violation of
this Act or its rules, or if the holder fails to
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21 | supply the Department, within 10 days of its request, with | ||||||
22 | information as
to his or her current status and activities in | ||||||
23 | his or her teaching program.
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24 | (e) Inactive status. Any person who holds one of the | ||||||
25 | licenses
under subsection (a) or (b) of Section 11 or under | ||||||
26 | Section 12 of this Act may
elect, upon payment of
the required |
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1 | fee, to place his or her license on an inactive status and | ||||||
2 | shall,
subject to the rules of the
Department, be excused from | ||||||
3 | the payment of renewal fees until he or she
notifies the | ||||||
4 | Department in writing of his or her desire to resume active
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5 | status.
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6 | Any licensee requesting restoration from inactive status | ||||||
7 | shall be
required to pay the current renewal fee and upon | ||||||
8 | payment the Department
shall be required to restore his or her | ||||||
9 | license, as provided in Section 16 of
this Act.
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10 | Any licensee whose license is in an
inactive status shall | ||||||
11 | not practice in the State of Illinois.
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12 | (f) Certificates of Identification. In addition to the | ||||||
13 | licenses
authorized by this Section, the Department shall | ||||||
14 | deliver to each dentist a
certificate of identification in a | ||||||
15 | form specified by the Department.
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16 | (Source: P.A. 100-976, eff. 1-1-19 .)
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17 | (225 ILCS 25/11.5 new) | ||||||
18 | Sec. 11.5. Limited military license. A licensed dentist or | ||||||
19 | dental hygienist who is a military service member or the | ||||||
20 | spouse of a military service member may receive, without | ||||||
21 | examination, in the discretion of the Department, a limited | ||||||
22 | military license. In order to receive a limited military | ||||||
23 | license, an applicant shall furnish satisfactory proof to the | ||||||
24 | Department that the applicant currently holds a valid license | ||||||
25 | in a state other than this State and that the applicant is in |
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1 | good standing with the originating jurisdiction. The | ||||||
2 | Department may use the following to determine proof of a | ||||||
3 | military status: | ||||||
4 | (1) proof of assignment to a duty station in the State | ||||||
5 | or proof that the applicant has or will, within 6 months, | ||||||
6 | establish legal residence in the State; or | ||||||
7 | (2) proof of the applicant's or the applicant's | ||||||
8 | spouse's active military status, including a DD2154, a | ||||||
9 | letter of service signed by the unit commanding officer, | ||||||
10 | or proof of service document from the service member's | ||||||
11 | electronic personnel portal. Proof for a spouse includes a | ||||||
12 | military permanent change of station order with the spouse | ||||||
13 | identified by name, an official notification of change of | ||||||
14 | assignment with a marriage license, a certified DD1172 | ||||||
15 | verifying marital status, or a letter signed by the | ||||||
16 | commanding officer verifying change of assignment and the | ||||||
17 | name of the military spouse. | ||||||
18 | A limited military license issued under this Section shall | ||||||
19 | be valid for a period of 2 years and may be extended or renewed | ||||||
20 | based on the military service member's or spouse's duty | ||||||
21 | status.
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22 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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23 | (Section scheduled to be repealed on January 1, 2026)
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24 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
25 | person
practices dentistry, within the meaning of this Act:
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1 | (1) Who represents himself or herself as being able to | ||||||
2 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
3 | any disease, pain, deformity, deficiency,
injury, or | ||||||
4 | physical condition of the human tooth, teeth, alveolar | ||||||
5 | process,
gums , or jaw; or
| ||||||
6 | (2) Who is a manager, proprietor, operator , or | ||||||
7 | conductor of a
business where
dental operations are | ||||||
8 | performed; or
| ||||||
9 | (3) Who performs dental operations of any kind; or
| ||||||
10 | (4) Who uses an X-Ray machine or X-Ray films for
| ||||||
11 | dental diagnostic purposes; or
| ||||||
12 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
13 | or attempts to
correct
malpositions of the human teeth or | ||||||
14 | jaws; or
| ||||||
15 | (6) Who offers or undertakes, by any means or method, | ||||||
16 | to diagnose, treat ,
or remove stains, calculus, and | ||||||
17 | bonding materials from human teeth or jaws; or
| ||||||
18 | (7) Who uses or administers local or general | ||||||
19 | anesthetics in the treatment
of dental or oral diseases or | ||||||
20 | in any preparation incident to a dental operation
of any | ||||||
21 | kind or character; or
| ||||||
22 | (8) Who takes material or digital scans for final | ||||||
23 | impressions of the human tooth, teeth, or jaws or performs
| ||||||
24 | any phase of any operation incident to the replacement of | ||||||
25 | a part of a tooth,
a tooth, teeth , or associated tissues by | ||||||
26 | means of a filling, crown, a bridge,
a denture , or other |
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| |||||||
1 | appliance; or
| ||||||
2 | (9) Who offers to furnish, supply, construct, | ||||||
3 | reproduce , or repair, or
who furnishes, supplies, | ||||||
4 | constructs, reproduces , or repairs, prosthetic
dentures, | ||||||
5 | bridges , or other substitutes for natural teeth, to the | ||||||
6 | user or
prospective user thereof; or
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7 | (10) Who instructs students on clinical matters or | ||||||
8 | performs any clinical
operation included in the curricula | ||||||
9 | of recognized dental schools and colleges; or
| ||||||
10 | (11) Who takes material or digital scans for final | ||||||
11 | impressions of human teeth or places his or her hands in | ||||||
12 | the mouth of any person for the purpose of applying teeth | ||||||
13 | whitening materials, or who takes impressions of human | ||||||
14 | teeth or places his or her hands in the mouth of any person | ||||||
15 | for the purpose of assisting in the application of teeth | ||||||
16 | whitening materials. A person does not practice dentistry | ||||||
17 | when he or she discloses to the consumer that he or she is | ||||||
18 | not licensed as a dentist under this Act and (i) discusses | ||||||
19 | the use of teeth whitening materials with a consumer | ||||||
20 | purchasing these materials; (ii) provides instruction on | ||||||
21 | the use of teeth whitening materials with a consumer | ||||||
22 | purchasing these materials; or (iii) provides appropriate | ||||||
23 | equipment on-site to the consumer for the consumer to | ||||||
24 | self-apply teeth whitening materials. | ||||||
25 | The fact that any person engages in or performs, or offers | ||||||
26 | to engage in
or perform, any of the practices, acts, or |
| |||||||
| |||||||
1 | operations set forth in this
Section, shall be prima facie | ||||||
2 | evidence that such person is engaged in the
practice of | ||||||
3 | dentistry.
| ||||||
4 | The following practices, acts, and operations, however, | ||||||
5 | are exempt from
the operation of this Act:
| ||||||
6 | (a) The rendering of dental relief in emergency cases | ||||||
7 | in the practice
of his or her profession by a physician or | ||||||
8 | surgeon, licensed as such
under the laws of this State, | ||||||
9 | unless he or she undertakes to reproduce or reproduces
| ||||||
10 | lost parts of the human teeth in the mouth or to restore or | ||||||
11 | replace lost
or missing teeth in the mouth; or
| ||||||
12 | (b) The practice of dentistry in the discharge of | ||||||
13 | their official duties
by dentists in any branch of the | ||||||
14 | Armed Services of the United States, the
United States | ||||||
15 | Public Health Service, or the United States Veterans
| ||||||
16 | Administration; or
| ||||||
17 | (c) The practice of dentistry by students in their | ||||||
18 | course of study
in dental schools or colleges approved by | ||||||
19 | the Department, when acting under the
direction and | ||||||
20 | supervision of dentists acting as instructors; or
| ||||||
21 | (d) The practice of dentistry by clinical instructors | ||||||
22 | in the course of
their teaching duties in dental schools | ||||||
23 | or colleges approved by the
Department:
| ||||||
24 | (i) when acting under the direction and | ||||||
25 | supervision of dentists,
provided that such clinical | ||||||
26 | instructors have instructed continuously in
this State |
| |||||||
| |||||||
1 | since January 1, 1986; or
| ||||||
2 | (ii) when holding the rank of full professor at | ||||||
3 | such approved dental
school or college and possessing | ||||||
4 | a current valid license or authorization
to practice | ||||||
5 | dentistry in another country; or
| ||||||
6 | (e) The practice of dentistry by licensed dentists of | ||||||
7 | other states or
countries at meetings of the Illinois | ||||||
8 | State Dental Society or component
parts thereof, alumni | ||||||
9 | meetings of dental colleges, or any other like dental
| ||||||
10 | organizations, while appearing as clinicians; or
| ||||||
11 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
12 | of dental or oral
tissues by dental hygienists or dental | ||||||
13 | assistants; or
| ||||||
14 | (g) The performance of any dental service by a dental | ||||||
15 | assistant, if such
service is performed under the | ||||||
16 | supervision and full responsibility of a
dentist. In | ||||||
17 | addition, after being authorized by a dentist, a dental | ||||||
18 | assistant may, for the purpose of eliminating pain or | ||||||
19 | discomfort, remove loose, broken, or irritating | ||||||
20 | orthodontic appliances on a patient of record.
| ||||||
21 | For purposes of this paragraph (g), "dental service" | ||||||
22 | is defined to mean
any intraoral procedure or act which | ||||||
23 | shall be prescribed by rule or
regulation of the | ||||||
24 | Department. " Dental service " , however, shall not include:
| ||||||
25 | (1) Any and all diagnosis of or prescription for | ||||||
26 | treatment of disease,
pain, deformity, deficiency, |
| |||||||
| |||||||
1 | injury , or physical condition of the human teeth
or | ||||||
2 | jaws, or adjacent structures.
| ||||||
3 | (2) Removal of, or restoration of, or addition
to | ||||||
4 | the hard or soft tissues of the oral cavity, except for | ||||||
5 | the placing, carving, and finishing of amalgam | ||||||
6 | restorations and placing, packing, and finishing | ||||||
7 | composite restorations by dental assistants who have | ||||||
8 | had additional formal education and certification. | ||||||
9 | A dental assistant may place, carve, and finish | ||||||
10 | amalgam restorations, place, pack, and finish | ||||||
11 | composite restorations, and place interim restorations | ||||||
12 | if he or she (A) has successfully completed a | ||||||
13 | structured training program as described in item (2) | ||||||
14 | of subsection (g) provided by an educational | ||||||
15 | institution accredited by the Commission on Dental | ||||||
16 | Accreditation, such as a dental school or dental | ||||||
17 | hygiene or dental assistant program, or (B) has at | ||||||
18 | least 4,000 hours of direct clinical patient care | ||||||
19 | experience and has successfully completed a structured | ||||||
20 | training program as described in item (2) of | ||||||
21 | subsection (g) provided by a statewide dental | ||||||
22 | association, approved by the Department to provide | ||||||
23 | continuing education, that has developed and conducted | ||||||
24 | training programs for expanded functions for dental | ||||||
25 | assistants or hygienists. The training program must: | ||||||
26 | (i) include a minimum of 16 hours of didactic study and |
| |||||||
| |||||||
1 | 14 hours of clinical manikin instruction; all training | ||||||
2 | programs shall include areas of study in nomenclature, | ||||||
3 | caries classifications, oral anatomy, periodontium, | ||||||
4 | basic occlusion, instrumentations, pulp protection | ||||||
5 | liners and bases, dental materials, matrix and wedge | ||||||
6 | techniques, amalgam placement and carving, rubber dam | ||||||
7 | clamp placement, and rubber dam placement and removal; | ||||||
8 | (ii) include an outcome assessment examination that | ||||||
9 | demonstrates competency; (iii) require the supervising | ||||||
10 | dentist to observe and approve the completion of 8 | ||||||
11 | amalgam or composite restorations; and (iv) issue a | ||||||
12 | certificate of completion of the training program, | ||||||
13 | which must be kept on file at the dental office and be | ||||||
14 | made available to the Department upon request. A | ||||||
15 | dental assistant must have successfully completed an | ||||||
16 | approved coronal polishing and dental sealant course | ||||||
17 | prior to taking the amalgam and composite restoration | ||||||
18 | course. | ||||||
19 | A dentist utilizing dental assistants shall not | ||||||
20 | supervise more than 4 dental assistants at any one | ||||||
21 | time for placing, carving, and finishing of amalgam | ||||||
22 | restorations or for placing, packing, and finishing | ||||||
23 | composite restorations.
| ||||||
24 | (3) Any and all correction of malformation of | ||||||
25 | teeth or of the jaws.
| ||||||
26 | (4) Administration of anesthetics, except for |
| |||||||
| |||||||
1 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
2 | sedation, and general anesthetic as provided in | ||||||
3 | Section 8.1 of this Act, that may be performed only | ||||||
4 | after successful completion of a training
program | ||||||
5 | approved by the Department. A dentist utilizing dental | ||||||
6 | assistants shall not supervise more than 4 dental | ||||||
7 | assistants at any one time for the monitoring of | ||||||
8 | nitrous oxide.
| ||||||
9 | (5) Removal of calculus from human teeth.
| ||||||
10 | (6) Taking of material or digital scans for final | ||||||
11 | impressions for the fabrication of prosthetic
| ||||||
12 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
13 | restorative or replacement
dentistry.
| ||||||
14 | (7) The operative procedure of dental hygiene | ||||||
15 | consisting of oral
prophylactic procedures, except for | ||||||
16 | coronal polishing and pit and fissure sealants,
which | ||||||
17 | may be
performed by a
dental assistant who has | ||||||
18 | successfully completed a training program approved by
| ||||||
19 | the Department. Dental assistants may perform coronal | ||||||
20 | polishing under the
following circumstances: (i) the | ||||||
21 | coronal polishing shall be limited to
polishing the
| ||||||
22 | clinical crown of the tooth and existing restorations, | ||||||
23 | supragingivally; (ii)
the
dental assistant performing | ||||||
24 | the coronal polishing shall be limited to the use
of
| ||||||
25 | rotary instruments using a rubber cup or brush | ||||||
26 | polishing method (air polishing
is
not permitted); and |
| |||||||
| |||||||
1 | (iii) the supervising dentist shall not supervise more
| ||||||
2 | than 4
dental assistants at any one time for the task | ||||||
3 | of coronal polishing or pit and fissure sealants.
| ||||||
4 | In addition to coronal polishing and pit and | ||||||
5 | fissure sealants as described in this item (7), a | ||||||
6 | dental assistant who has at least 2,000 hours of | ||||||
7 | direct clinical patient care experience and who has | ||||||
8 | successfully completed a structured training program | ||||||
9 | provided by (1) an educational institution including, | ||||||
10 | but not limited to, a dental school or dental hygiene | ||||||
11 | or dental assistant program, or (2) a continuing | ||||||
12 | education provider approved by the Department, or (3) | ||||||
13 | a statewide dental or dental hygienist association , | ||||||
14 | approved by the Department on or before January 1, | ||||||
15 | 2017 (the effective date of Public Act 99-680), that | ||||||
16 | has developed and conducted a training program for | ||||||
17 | expanded functions for dental assistants or hygienists | ||||||
18 | may perform: (A) coronal scaling above the gum line, | ||||||
19 | supragingivally, on the clinical crown of the tooth | ||||||
20 | only on patients 17 years of age or younger who have an | ||||||
21 | absence of periodontal disease and who are not | ||||||
22 | medically compromised or individuals with special | ||||||
23 | needs and (B) intracoronal temporization of a tooth. | ||||||
24 | The training program must: (I) include a minimum of 32 | ||||||
25 | hours of instruction in both didactic and clinical | ||||||
26 | manikin or human subject instruction; all training |
| |||||||
| |||||||
1 | programs shall include areas of study in dental | ||||||
2 | anatomy, public health dentistry, medical history, | ||||||
3 | dental emergencies, and managing the pediatric | ||||||
4 | patient; (II) include an outcome assessment | ||||||
5 | examination that demonstrates competency; (III) | ||||||
6 | require the supervising dentist to observe and approve | ||||||
7 | the completion of 6 full mouth supragingival scaling | ||||||
8 | procedures unless the training was received as part of | ||||||
9 | a Commission on Dental Accreditation approved dental | ||||||
10 | assistant program; and (IV) issue a certificate of | ||||||
11 | completion of the training program, which must be kept | ||||||
12 | on file at the dental office and be made available to | ||||||
13 | the Department upon request. A dental assistant must | ||||||
14 | have successfully completed an approved coronal | ||||||
15 | polishing course prior to taking the coronal scaling | ||||||
16 | course. A dental assistant performing these functions | ||||||
17 | shall be limited to the use of hand instruments only. | ||||||
18 | In addition, coronal scaling as described in this | ||||||
19 | paragraph shall only be utilized on patients who are | ||||||
20 | eligible for Medicaid, who are uninsured, or whose | ||||||
21 | household income is not greater than 300% of the | ||||||
22 | federal poverty level. A dentist may not supervise | ||||||
23 | more than 2 dental assistants at any one time for the | ||||||
24 | task of coronal scaling. This paragraph is inoperative | ||||||
25 | on and after January 1, 2026. | ||||||
26 | The limitations on the number of dental assistants a |
| |||||||
| |||||||
1 | dentist may supervise contained in items (2), (4), and (7) | ||||||
2 | of this paragraph (g) mean a limit of 4 total dental | ||||||
3 | assistants or dental hygienists doing expanded functions | ||||||
4 | covered by these Sections being supervised by one dentist; | ||||||
5 | or | ||||||
6 | (h) The practice of dentistry by an individual who:
| ||||||
7 | (i) has applied in writing to the Department, in | ||||||
8 | form and substance
satisfactory to the Department, for | ||||||
9 | a general dental license and has
complied with all | ||||||
10 | provisions of Section 9 of this Act, except for the
| ||||||
11 | passage of the examination specified in subsection (e) | ||||||
12 | of Section 9 of this
Act; or
| ||||||
13 | (ii) has applied in writing to the Department, in | ||||||
14 | form and substance
satisfactory to the Department, for | ||||||
15 | a temporary dental license and has
complied with all | ||||||
16 | provisions of subsection (c) of Section 11 of this | ||||||
17 | Act; and
| ||||||
18 | (iii) has been accepted or appointed for specialty | ||||||
19 | or residency training
by a hospital situated in this | ||||||
20 | State; or
| ||||||
21 | (iv) has been accepted or appointed for specialty | ||||||
22 | training in an
approved dental program situated in | ||||||
23 | this State; or
| ||||||
24 | (v) has been accepted or appointed for specialty | ||||||
25 | training in a dental
public health agency situated in | ||||||
26 | this State.
|
| |||||||
| |||||||
1 | The applicant shall be permitted to practice dentistry | ||||||
2 | for a period of 3
months from the starting date of the | ||||||
3 | program, unless authorized in writing
by the Department to | ||||||
4 | continue such practice for a period specified in
writing | ||||||
5 | by the Department.
| ||||||
6 | The applicant shall only be entitled to perform such | ||||||
7 | acts as may be
prescribed by and incidental to his or her | ||||||
8 | program of residency or specialty
training and shall not | ||||||
9 | otherwise engage in the practice of dentistry in this
| ||||||
10 | State.
| ||||||
11 | The authority to practice shall terminate immediately | ||||||
12 | upon:
| ||||||
13 | (1) the decision of the Department that the | ||||||
14 | applicant has failed the
examination; or
| ||||||
15 | (2) denial of licensure by the Department; or
| ||||||
16 | (3) withdrawal of the application.
| ||||||
17 | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | ||||||
18 | 102-936, eff. 1-1-23 .)
| ||||||
19 | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
21 | Sec. 19. Licensing applicants from other states. Any | ||||||
22 | person who has
been lawfully licensed to practice dentistry, | ||||||
23 | including the practice of a licensed dental specialty, or | ||||||
24 | dental hygiene in
another state or territory
or as a member of | ||||||
25 | the military service which has and maintains a standard for |
| |||||||
| |||||||
1 | the practice of dentistry, a dental specialty, or dental
| ||||||
2 | hygiene at least equal to that now maintained in this State, or | ||||||
3 | if the
requirements for licensure in such state or territory | ||||||
4 | in which the
applicant was licensed were, at the date of his or | ||||||
5 | her licensure, substantially
equivalent to the requirements | ||||||
6 | then in force in this State, and who has
been lawfully engaged | ||||||
7 | in
the practice of dentistry or dental hygiene for at least 2 3 | ||||||
8 | of the 5 years
immediately preceding the filing of his or her | ||||||
9 | application
to practice in this State
and who shall deposit | ||||||
10 | with the Department a duly attested certificate from
the Board | ||||||
11 | of the state or territory in which he or she is licensed,
| ||||||
12 | certifying to the fact of his or her licensing and of his or | ||||||
13 | her being a
person of good moral character may, upon payment of | ||||||
14 | the required fee, be
granted a license to practice dentistry, | ||||||
15 | a dental specialty, or dental hygiene in this State, as the | ||||||
16 | case may be.
| ||||||
17 | For the purposes of this Section, "substantially | ||||||
18 | equivalent" means that the applicant has presented evidence of | ||||||
19 | completion and graduation from an American Dental Association | ||||||
20 | accredited dental college or school in the United States or | ||||||
21 | Canada, presented evidence that the applicant has passed both | ||||||
22 | parts of the National Board Dental Examination, and | ||||||
23 | successfully completed an examination conducted by a regional | ||||||
24 | testing service. In computing 3 of the immediately
preceding 5 | ||||||
25 | years of
practice in another state or territory, any person | ||||||
26 | who left the practice
of dentistry to enter the military |
| |||||||
| |||||||
1 | service and who practiced dentistry
while in the military | ||||||
2 | service may count as a part of such period the
time spent by | ||||||
3 | him or her in such service.
| ||||||
4 | Applicants have 2 3 years from the date of application to | ||||||
5 | complete the
application process. If the process has not been | ||||||
6 | completed in 2 3 years,
the application shall be denied, the | ||||||
7 | fee forfeited and the
applicant must reapply and meet the | ||||||
8 | requirements in effect at the time of
reapplication.
| ||||||
9 | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12 .)
| ||||||
10 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
12 | Sec. 50. Patient records. Every dentist shall make
a | ||||||
13 | record of all dental work performed for each patient. The | ||||||
14 | record shall
be made in a manner and in sufficient detail that | ||||||
15 | it may be used for
identification purposes. Dental records are | ||||||
16 | the property of the office in which dentistry is practiced.
| ||||||
17 | Dental records required by this Section shall be | ||||||
18 | maintained for 10 years.
Dental records required to be | ||||||
19 | maintained under this Section, or copies
of those dental | ||||||
20 | records, shall be made available upon request to the
patient | ||||||
21 | or the patient's guardian. A dentist shall be entitled to | ||||||
22 | reasonable reimbursement for the cost of reproducing these | ||||||
23 | records, which shall not exceed the cost allowed under Section | ||||||
24 | 8-2001 of the Code of Civil Procedure. A dentist providing | ||||||
25 | services through a mobile dental van or portable dental unit |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | shall provide to the patient or the patient's parent or | |||||||||||||||||||||||||
2 | guardian, in writing, the dentist's name, license number, | |||||||||||||||||||||||||
3 | address, and information on how the patient or the patient's | |||||||||||||||||||||||||
4 | parent or guardian may obtain the patient's dental records, as | |||||||||||||||||||||||||
5 | provided by law.
| |||||||||||||||||||||||||
6 | (Source: P.A. 99-492, eff. 12-31-15.)
| |||||||||||||||||||||||||
7 | (225 ILCS 25/50.1 new) | |||||||||||||||||||||||||
8 | Sec. 50.1. Closing a dental office. A dental office that | |||||||||||||||||||||||||
9 | is closing and will not continue to offer dentistry services | |||||||||||||||||||||||||
10 | must provide notice to the public at least 30 days prior to the | |||||||||||||||||||||||||
11 | closure. The notice to the public shall include an explanation | |||||||||||||||||||||||||
12 | of how copies of the patient's records may be accessed or | |||||||||||||||||||||||||
13 | obtained by the patient. The notice may be given by a | |||||||||||||||||||||||||
14 | publication in a newspaper of general circulation in the area | |||||||||||||||||||||||||
15 | in which the dental office is located.
| |||||||||||||||||||||||||
|