Bill Text: IL HB2215 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Dental Practice Act. Provides that a person who provides teledentistry is considered to practice dentistry under the Act. Provides that a dentist practicing teledentistry is subject to the same standard of care as if those services were being delivered in a clinic or office setting. Provides that a patient receiving dental services through teledentistry shall be provided with the name, direct telephone number, and physical practice address of the treating dentist who will be involved in the teledentistry services. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions of the use of teledentistry services. Provides that it shall be a violation of the Act for a provider of dental services utilizing care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. Provides that a person may not sell a clear aligner to a patient unless the person has received written or electronic confirmation from a dentist licensed in this State that the patient has received an intraoral or extraoral dental examination and has had a review of new or recently conducted x-rays, panoramic x-rays, computed tomography, bone imaging scans, or other appropriate diagnostic imaging sufficient to allow the dentist to detect conditions in the patient that would preclude or contraindicate the provision of safe orthodontic treatment. Provides that a person who sells a clear aligner to a patient shall maintain any documents for not less than 7 years after the date of sale. Defines "informed consent" and "clear aligner". Changes the definitions of "patient of record" and "teledentistry".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2215 Detail]

Download: Illinois-2023-HB2215-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2215 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
225 ILCS 25/4 from Ch. 111, par. 2304
225 ILCS 25/17 from Ch. 111, par. 2317
225 ILCS 25/26 from Ch. 111, par. 2326
225 ILCS 25/46.5 new
Amends the Illinois Dental Practice Act. Provides that a person who provides teledentistry is considered to practice dentistry under the Act. Provides that a dentist practicing teledentistry is subject to the same standard of care as if those services were being delivered in a clinic or office setting. Provides that a patient receiving dental services through teledentistry shall be provided with the name, direct telephone number, and physical practice address of the treating dentist who will be involved in the teledentistry services. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions of the use of teledentistry services. Provides that it shall be a violation of the Act for a provider of dental services utilizing care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. Provides that a person may not sell a clear aligner to a patient unless the person has received written or electronic confirmation from a dentist licensed in this State that the patient has received an intraoral or extraoral dental examination and has had a review of new or recently conducted x-rays, panoramic x-rays, computed tomography, bone imaging scans, or other appropriate diagnostic imaging sufficient to allow the dentist to detect conditions in the patient that would preclude or contraindicate the provision of safe orthodontic treatment. Provides that a person who sells a clear aligner to a patient shall maintain any documents for not less than 7 years after the date of sale. Defines "informed consent" and "clear aligner". Changes the definitions of "patient of record" and "teledentistry".
LRB103 26931 AMQ 53295 b
A BILL FOR
HB2215 LRB103 26931 AMQ 53295 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
changing Sections 4, 17, and 26 and by adding Section 46.5 as
follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act and

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who may perform any intraoral and extraoral procedure required
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
"Dental laboratory" means a person, firm or corporation
which:
(i) engages in making, providing, repairing or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
"Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure

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is performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
"General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with
Section 18 prior to treatment by the dental hygienist, and
that the dentist authorize the procedures which are being
carried out by a notation in the patient's record, but not
requiring that a dentist be present when the authorized
procedures are being performed. The issuance of a prescription
to a dental laboratory by a dentist does not constitute
general supervision.
"Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
"Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,

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periodontics, prosthodontics, oral and maxillofacial
radiology, and dental anesthesiology.
"Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates, or
is employed by a dental laboratory and engages in making,
providing, repairing, or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
"Informed consent" means the treating dentist has provided
the patient with an opportunity to directly communicate with
the treating dentist, whether in person, by telephone, or
through synchronous technology, about the treatment to be
provided.
"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

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registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an a physical
examination within the last year and evaluated the condition
to be treated, including a review of the patient's most recent
x-rays.
"Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
"Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is
practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
"Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience, and has completed at least 42 clock
hours of additional structured courses in dental education in
advanced areas specific to public health dentistry.

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"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; a prison; or a long-term care facility.
"Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who
are eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 200% of the federal
poverty level.
"Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient diagnosis,
treatment planning, care, and education delivery for a patient
of record using synchronous and asynchronous communications
under an Illinois licensed a dentist's authority as provided
under this Act.
"Clear aligner" means a medical device, excluding a
retainer used to keep teeth in a fixed position, that is used
in orthodontic treatment to gradually move a patient's teeth
or jaw and correct misalignment and manufactured to address

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the patient's unique orthodontic needs.
(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
1-1-23.)
(225 ILCS 25/17) (from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2026)
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
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

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(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 material or digital scans for final
impressions of the human tooth, teeth, or jaws or performs
any phase of any operation incident to the replacement of
a part of a tooth, a tooth, teeth, or associated tissues by
means of a filling, crown, a bridge, a denture, or other
appliance; or
(9) Who offers to furnish, supply, construct,
reproduce, or repair, or who furnishes, supplies,
constructs, reproduces, or repairs, prosthetic dentures,
bridges, or other substitutes for natural teeth, to the
user or prospective user thereof; or
(10) Who instructs students on clinical matters or
performs any clinical operation included in the curricula
of recognized dental schools and colleges; or
(11) Who takes material or digital scans for final
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

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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; or .
(12) Who provides teledentistry. A dentist may provide
and delegate dental services using telehealth only under
the supervision requirements as specified in this Act for
in-person care. A dentist practicing dentistry through
teledentistry is subject to the same standard of care as
if those services were being delivered in a clinic or
office setting. A patient receiving dental services
through teledentistry shall be provided with the name,
direct telephone number, and physical practice address of
the treating dentist who will be involved in the
teledentistry services. The information shall be provided
to the patient prior to the provision of services. The
Department may adopt rules to implement this paragraph.
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,

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are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he 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

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dentistry in another country; or
(e) The practice of dentistry by licensed dentists of
other states or countries at meetings of the Illinois
State Dental Society or component parts thereof, alumni
meetings of dental colleges, or any other like dental
organizations, while appearing as clinicians; or
(f) The use of X-Ray machines for exposing X-Ray films
of dental or oral tissues by dental hygienists or dental
assistants; or
(g) The performance of any dental service by a dental
assistant, if such service is performed under the
supervision and full responsibility of a dentist. In
addition, after being authorized by a dentist, a dental
assistant may, for the purpose of eliminating pain or
discomfort, remove loose, broken, or irritating
orthodontic appliances on a patient of record.
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

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the placing, carving, and finishing of amalgam
restorations and placing, packing, and finishing
composite restorations by dental assistants who have
had additional formal education and certification.
A dental assistant may place, carve, and finish
amalgam restorations, place, pack, and finish
composite restorations, and place interim restorations
if he or she (A) has successfully completed a
structured training program as described in item (2)
of subsection (g) provided by an educational
institution accredited by the Commission on Dental
Accreditation, such as a dental school or dental
hygiene or dental assistant program, or (B) has at
least 4,000 hours of direct clinical patient care
experience and has successfully completed a structured
training program as described in item (2) of
subsection (g) provided by a statewide dental
association, approved by the Department to provide
continuing education, that has developed and conducted
training programs for expanded functions for dental
assistants or hygienists. The training program must:
(i) include a minimum of 16 hours of didactic study and
14 hours of clinical manikin instruction; all training
programs shall include areas of study in nomenclature,
caries classifications, oral anatomy, periodontium,
basic occlusion, instrumentations, pulp protection

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liners and bases, dental materials, matrix and wedge
techniques, amalgam placement and carving, rubber dam
clamp placement, and rubber dam placement and removal;
(ii) include an outcome assessment examination that
demonstrates competency; (iii) require the supervising
dentist to observe and approve the completion of 8
amalgam or composite restorations; and (iv) issue a
certificate of completion of the training program,
which must be kept on file at the dental office and be
made available to the Department upon request. A
dental assistant must have successfully completed an
approved coronal polishing and dental sealant course
prior to taking the amalgam and composite restoration
course.
A dentist utilizing dental assistants shall not
supervise more than 4 dental assistants at any one
time for placing, carving, and finishing of amalgam
restorations or for placing, packing, and finishing
composite 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

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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 material or digital scans for final
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
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

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fissure sealants as described in this item (7), a
dental assistant who has at least 2,000 hours of
direct clinical patient care experience and who has
successfully completed a structured training program
provided by (1) an educational institution including,
but not limited to, a dental school or dental hygiene
or dental assistant program, or (2) a continuing
education provider approved by the Department, or (3)
a statewide dental or dental hygienist association,
approved by the Department on or before January 1,
2017 (the effective date of Public Act 99-680), that
has developed and conducted a training program for
expanded functions for dental assistants or hygienists
may perform: (A) coronal scaling above the gum line,
supragingivally, on the clinical crown of the tooth
only on patients 17 years of age or younger who have an
absence of periodontal disease and who are not
medically compromised or individuals with special
needs and (B) intracoronal temporization of a tooth.
The training program must: (I) include a minimum of 32
hours of instruction in both didactic and clinical
manikin or human subject instruction; all training
programs shall include areas of study in dental
anatomy, public health dentistry, medical history,
dental emergencies, and managing the pediatric
patient; (II) include an outcome assessment

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examination that demonstrates competency; (III)
require the supervising dentist to observe and approve
the completion of 6 full mouth supragingival scaling
procedures unless the training was received as part of
a Commission on Dental Accreditation approved dental
assistant program; and (IV) issue a certificate of
completion of the training program, which must be kept
on file at the dental office and be made available to
the Department upon request. A dental assistant must
have successfully completed an approved coronal
polishing course prior to taking the coronal scaling
course. A dental assistant performing these functions
shall be limited to the use of hand instruments only.
In addition, coronal scaling as described in this
paragraph shall only be utilized on patients who are
eligible for Medicaid, who are uninsured, or whose
household income is not greater than 300% of the
federal poverty level. A dentist may not supervise
more than 2 dental assistants at any one time for the
task of coronal scaling. This paragraph is inoperative
on and after January 1, 2026.
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;

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or
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a general dental license and has complied with all
provisions of Section 9 of this Act, except for the
passage of the examination specified in subsection (e)
of Section 9 of this Act; or
(ii) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a temporary dental license and has complied with all
provisions of subsection (c) of Section 11 of this
Act; and
(iii) has been accepted or appointed for specialty
or residency training by a hospital situated in this
State; or
(iv) has been accepted or appointed for specialty
training in an approved dental program situated in
this State; or
(v) has been accepted or appointed for specialty
training in a dental public health agency situated in
this State.
The applicant shall be permitted to practice dentistry
for a period of 3 months from the starting date of the
program, unless authorized in writing by the Department to
continue such practice for a period specified in writing

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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. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
102-936, eff. 1-1-23.)
(225 ILCS 25/26) (from Ch. 111, par. 2326)
(Section scheduled to be repealed on January 1, 2026)
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
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

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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
practice.
(d) It shall be a violation of this Act for a provider of
dental services utilizing care through teledentistry to
require a patient to sign an agreement that limits in any way
the patient's ability to write a review of services received

HB2215 - 20 - LRB103 26931 AMQ 53295 b
or file a complaint with the Department or other regulatory
agency.
(Source: P.A. 99-492, eff. 12-31-15.)
(225 ILCS 25/46.5 new)
Sec. 46.5. Prohibition on sale of clear aligners to the
public.
(a) A person may not sell a clear aligner to a patient
unless the person has received written or electronic
confirmation from a dentist licensed in this State that the
patient has received an intraoral or extraoral dental
examination and has had a review of new or recently conducted
x-rays, panoramic x-rays, computed tomography, bone imaging
scans, or other appropriate diagnostic imaging sufficient to
allow the dentist to detect conditions in the patient that
would preclude or contraindicate the provision of safe
orthodontic treatment.
(b) A person who sells a clear aligner to a patient shall
maintain any documents received under subsection (a) for not
less than 7 years after the date of sale.