Bill Text: IL HB5213 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Dental Practice Act. Creates a license for dental therapists. Sets forth requirements for licensure and the scope of practice. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5213 Detail]

Download: Illinois-2023-HB5213-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5213 Introduced , by Rep. Lilian Jiménez SYNOPSIS AS INTRODUCED:
225 ILCS 25/4
225 ILCS 25/14.5 new
225 ILCS 25/14.6 new
225 ILCS 25/16 from Ch. 111, par. 2316
225 ILCS 25/16.1 from Ch. 111, par. 2316.1
225 ILCS 25/23 from Ch. 111, par. 2323
225 ILCS 25/25 from Ch. 111, par. 2325
225 ILCS 25/25.1
225 ILCS 25/26 from Ch. 111, par. 2326
225 ILCS 25/34 from Ch. 111, par. 2334
225 ILCS 25/36 from Ch. 111, par. 2336
225 ILCS 25/37 from Ch. 111, par. 2337
225 ILCS 25/38.1
225 ILCS 25/55 from Ch. 111, par. 2355
Amends the Illinois Dental Practice Act. Creates a license for dental therapists. Sets forth requirements for licensure and the scope of practice. Makes conforming changes.
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A BILL FOR
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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, 16, 16.1, 23, 25, 25.1, 26, 34, 36, 37,
38.1, and 55 and by adding Sections 7.7, 14.5, and 14.6 as
follows:
(225 ILCS 25/4)
(Section scheduled to be repealed on January 1, 2026)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

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license pursuant to paragraph (a) of Section 11 of this Act and
who may perform any intraoral and extraoral procedure required
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
"Dental laboratory" means a person, firm, or corporation
which:
(i) engages in making, providing, repairing, or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
"Supervision" means supervision of a dental hygienist, or
a dental assistant, or a dental therapist requiring that a

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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, or
dental therapist 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 or dental therapist 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 or dental therapist, 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

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the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
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.
"Dental therapist" means a person licensed to practice
dental therapy as described in Section 14.6.
"Dental therapy" means the provision of services described
in Section 14.6 and any related services or procedures
required in the performance of those services.
"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.

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

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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 or whose
household income is not greater than 300% of the federal
poverty level.
"Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
1-1-24; revised 12-15-23.)
(225 ILCS 25/14.5 new)

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Sec. 14.5. Examination of dental therapists; licensing
(a) Every person who desires to obtain a license as a
dental therapist shall apply to the Department in writing,
upon forms prepared and furnished by the Department. Each
application shall contain proof of the particular
qualifications required of the applicant, be verified by the
applicant, under oath, and be accompanied by the required
examination fee.
The Department shall require that every applicant for a
license as a dental therapist shall:
(1) Be 18 years of age or older.
(2) Be a graduate of a dental therapy college or
school accredited by the Commission on Dental
Accreditation of the American Dental Association or any
other dental therapy accrediting entity recognized by the
United States Department of Education. For applicants
applying for a dental therapy license before January 1,
2029, the board must approve the applicant's dental
therapy education program if the program was administered
by a college or school that operates an accredited dental
or dental hygiene program and the college or school
certifies to the board that the applicant's education
substantially conformed to the education standards
established by the Commission on Dental Accreditation of
the American Dental Association.
(3) Successfully completed a dental therapy practical

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or clinical examination designated by the Department. If
an applicant fails to pass an examination after 3
attempts, the applicant is not eligible to retake the
examination unless the applicant completes additional
education requirements as specified by the Department.
(b) An applicant who satisfies the requirements of this
Section and who has successfully completed an examination
identified in paragraph (3) of subsection (a) in a
jurisdiction other than this State, or who has successfully
completed a comparable examination administered or approved by
the licensing authority in a jurisdiction other than this
State, shall be licensed to practice dental therapy in this
State if the Department determines that the other
jurisdiction's examination is substantially similar to those
identified in paragraph (3) of subsection (a).
(c) The Department shall adopt rules to implement and
administer this Section.
(225 ILCS 25/14.6 new)
Sec. 14.6. Dental therapists; scope and area of practice.
(a) Except as otherwise provided in this Act, a dental
therapist may perform the dental therapy services specified in
subsection (b) under the general supervision of a dentist to
the extent authorized by the supervising dentist and provided
within the terms of a written collaborative management
agreement signed by the dental therapist and the supervising

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dentist that meets the requirements of subsection (c).
(b) Dental therapy services include all of the following:
(1) All services, treatments, and competencies
identified by the Commission on Dental Accreditation of
the American Dental Association in the Accreditation
Standards for Dental Therapy Education Programs.
(2) The following state-specific services, if the
dental therapist's education included curriculum content
satisfying the criteria established by the Commission on
Dental Accreditation of the American Dental Association
for state-specific dental therapy services:
(A) evaluating radiographs;
(B) placement of space maintainers;
(C) pulpotomies on primary teeth;
(D) dispensing and administering non-opioid
analgesics, including nitrous oxide,
anti-inflammatories, and antibiotics, as authorized by
the supervising dentist and within the parameters of
the collaborative management agreement; and
(E) oral evaluation and assessment of dental
disease and formulation of an individualized treatment
plan if authorized by the supervising dentist and
subject to any conditions, limitations, and protocols
specified by the supervising dentist in the
collaborative management agreement.
(c) Before performing any of the services authorized in

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subsection (b), a dental therapist must enter into a written
collaborative management agreement with a supervising dentist.
The agreement must be signed by the dental therapist and the
supervising dentist and must include all of the following
information:
(1) practice settings where services may be provided
by the dental therapist and the populations to be served
by the dental therapist;
(2) any limitations on the services that may be
provided by the dental therapist, including the level of
supervision required by the supervising dentist and
teledentistry;
(3) age-specific and procedure-specific practice
protocols for the dental therapist, including case
selection criteria, assessment guidelines, and imaging
frequency;
(4) a procedure for creating and maintaining dental
records for the patients who are treated by the dental
therapist;
(5) a plan to manage medical emergencies in each
practice setting where the dental therapist provides care;
(6) a quality assurance plan for monitoring care
provided by the dental therapist, including patient care
review, referral follow-up, and a quality assurance chart
review;
(7) protocols for the dental therapist to administer

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and dispense medications, including the specific
conditions and circumstances under which the medications
are to be dispensed and administered;
(8) criteria relating to the provision of care by the
dental therapist to patients with specific medical
conditions or complex medication histories, including
requirements for consultation before the initiation of
care;
(9) supervision criteria of dental therapists; and
(10) a plan for the provision of clinical resources
and referrals in situations that are beyond the
capabilities of the dental therapist.
(d) A supervising dentist shall determine the number of
hours of practice that a dental therapist must complete under
direct or indirect supervision of the supervising dentist
before the dental therapist may perform any of the services
authorized in subsection (b) under general supervision.
(e) A supervising dentist may restrict or limit the dental
therapist's practice in the written collaborative management
agreement to be less than the full scope of practice for dental
therapists that is authorized in subsection (b).
(f) A supervising dentist may authorize a dental therapist
to provide dental therapy services to a patient before the
supervising dentist examines or diagnoses the patient if the
authority, conditions, and protocols are established in a
written collaborative management agreement and if the patient

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is subsequently referred to a dentist for any needed
additional services that exceed the dental therapist's scope
of practice or authorization under the collaborative
management agreement.
(g) A supervising dentist must be licensed and practicing
in this State. The supervising dentist is responsible for all
services authorized and performed by the dental therapist
pursuant to the collaborative management agreement and for
providing or arranging follow-up services to be provided by a
dentist for any additional services that exceed the dental
therapist's scope of practice or authorization under the
collaborative management agreement.
(225 ILCS 25/16) (from Ch. 111, par. 2316)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16. Expiration, renewal and restoration of licenses.
The expiration date and renewal date for each license issued
under this Act shall be set by rule. The renewal period for
each license issued under this Act shall be 3 years. A dentist,
or dental hygienist, or dental therapist may renew a license
during the month preceding its expiration date by paying the
required fee. A dentist, or dental hygienist, or dental
therapist shall provide proof of current Basic Life Support
(BLS) certification intended for health care providers at the
time of renewal as provided by rule. Basic Life Support
certification training taken as a requirement of this Section

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shall be counted for no more than 4 hours during each licensure
period towards the continuing education hours under Section
16.1 of this Act. The Department shall provide by rule for
exemptions from this requirement for a dentist, or dental
hygienist, or dental therapist with a physical disability that
would preclude him or her from performing BLS.
Any dentist, or dental hygienist, or dental therapist
whose license has expired or whose license is on inactive
status may have his license restored at any time within 5 years
after the expiration thereof, upon payment of the required fee
and a showing of proof of compliance with current continuing
education requirements, as provided by rule.
Any person whose license has been expired for more than 5
years or who has had his license on inactive status for more
than 5 years may have his license restored by making
application to the Department and filing proof acceptable to
the Department of taking continuing education and of his
fitness to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction, and by
paying the required restoration fee. A person practicing on an
expired license is deemed to be practicing without a license.
However, a holder of a license may renew the license within 90
days after its expiration by complying with the requirements
for renewal and payment of an additional fee. A license
renewal within 90 days after expiration shall be effective
retroactively to the expiration date.

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If a person whose license has expired or who has had his
license on inactive status for more than 5 years has not
maintained an active practice satisfactory to the department,
the Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active
status and may require the person to complete a period of
evaluated clinical experience and may require successful
completion of a practical examination.
However, any person whose license expired while he or she
was (i) on active duty with the Armed Forces of the United
States or called into service or training by the State militia
or (ii) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his or her license renewed, reinstated, or
restored without paying any lapsed renewal or restoration fee,
if within 2 years after termination of such service, training,
or education other than by dishonorable discharge, he or she
furnishes the Department with satisfactory proof that he or
she has been so engaged and that his or her service, training,
or education has been so terminated.
(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12;
98-147, eff. 1-1-14.)
(225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.1. Continuing education. The Department shall

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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
and dental therapists 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 dental therapy 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 nonprofit community clinic, local or state
health department, or a charity event. Courses shall not be
approved in such subjects as estate and personal financial
planning, personal 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. When offering a
continuing education course, whether at no cost or for a fee,
the course provider shall explicitly disclose that the course
is an approved course for continuing education in the State of
Illinois, as provided in this Section or by the rules adopted

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by the Department.
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, and dental therapy
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 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

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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.
(Source: P.A. 103-425, eff. 1-1-24.)
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2026)
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

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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
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, or dental therapist to engage in the
practice of dentistry or dental hygiene. The person

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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 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,

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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
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

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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 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.

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(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 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.

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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.
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.
39. Failure of a licensed dentist who owns or is
employed at a dental office to give notice of an office
closure to his or her patients at least 30 days prior to
the office closure pursuant to Section 50.1.
40. Failure to maintain a sanitary work environment.
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 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 years after
the date of the incident or act alleged to have violated this

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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, 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. 103-425, eff. 1-1-24.)
(225 ILCS 25/25) (from Ch. 111, par. 2325)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25. Notice of hearing; investigations and informal
conferences.

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(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, or dental therapist who is the subject of
a complaint, the investigator shall inform the dentist, or the
dental hygienist, or the dental therapist in writing:
(1) that the dentist, or dental hygienist, or dental
therapist is the subject of a complaint;
(2) that the dentist, or dental hygienist, or dental
therapist need not immediately proceed with the interview
and may seek appropriate consultation prior to consenting
to the interview; and
(3) that failure of the dentist
, or dental hygienist,
or dental therapist 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.

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(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:
(1) schedule a hearing pursuant to this Act; or
(2) request in writing that the dentist, or dental
hygienist, or dental therapist 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.

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A dentist, or dental hygienist, or dental therapist 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, or dental therapist
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, or dental therapist 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, a dental
therapist, 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,
dental therapist, 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
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

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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. 99-492, eff. 12-31-15.)
(225 ILCS 25/25.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25.1. Subpoena powers.
(a) The Department, upon a determination by the
chairperson of the Board that reasonable cause exists that a
violation of one or more of the grounds for discipline set
forth in Section 23 or Section 24 of this Act has occurred or
is occurring, may subpoena the dental records of individual
patients of dentists and dental hygienists licensed under this
Act.
(b) Notwithstanding subsection (a) of this Section, the
Board and the Department may subpoena copies of hospital,

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medical, or dental records in mandatory report cases alleging
death or permanent bodily injury when consent to obtain the
records has not been provided by a patient or a patient's legal
representative. All records and other information received
pursuant to a subpoena shall be confidential and shall be
afforded the same status as information concerning medical
studies under Part 21 of Article VIII of the Code of Civil
Procedure. The use of these records shall be restricted to
members of the Board, the dental coordinator, and appropriate
Department staff designated by the Secretary for the purpose
of determining the existence of one or more grounds for
discipline of the dentist, or dental hygienist, or dental
therapist as provided for in Section 23 or Section 24 of this
Act.
(c) Any review of an individual patient's records shall be
conducted by the Department in strict confidentiality,
provided that the patient records shall be admissible in a
disciplinary hearing before the Secretary, the Board, or a
hearing officer designated by the Department when necessary to
substantiate the grounds for discipline alleged against the
dentist, or dental hygienist, or dental therapist licensed
under this Act.
(d) The Department may provide reimbursement for fees and
mileage associated with its subpoena power in the same manner
prescribed by law for judicial procedure in a civil case.
(e) Nothing in this Section shall be deemed to supersede

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the provisions of Part 21 of Article VIII of the Code of Civil
Procedure, now or hereafter amended, to the extent applicable.
(f) All information gathered by the Department during any
investigation, including information subpoenaed under this Act
and the investigative file, shall be kept for the confidential
use of the Secretary, the dental coordinator, the Board's
attorneys, the dental investigative staff, authorized clerical
staff, and persons employed by contract to advise the dental
coordinator or the Department as provided in this Act, except
that the Department may disclose information and documents to
(i) a federal, State, or local law enforcement agency pursuant
to a subpoena in an ongoing criminal investigation or (ii) a
dental licensing authority of another state or jurisdiction
pursuant to an official request made by that authority. Any
information or documents disclosed by the Department to a
federal, State, or local law enforcement agency may only be
used by that agency for the investigation and prosecution of a
criminal offense. Any information or documents disclosed by
the Department to a dental licensing authority of another
state or jurisdiction may only be used by that authority for
investigations and disciplinary proceedings with regards to a
license.
This subsection (f) applies only to causes of action
accruing on or after the effective date of this amendatory Act
of the 96th General Assembly.
(Source: P.A. 96-1221, eff. 7-23-10.)

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(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
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, or dental therapist 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, or a dental therapist 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

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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.
(Source: P.A. 99-492, eff. 12-31-15.)
(225 ILCS 25/34) (from Ch. 111, par. 2334)
(Section scheduled to be repealed on January 1, 2026)
Sec. 34. Confidential information - disclosure. In all
hearings conducted under this Act, information received,
pursuant to law, relating to any information acquired by a
dentist, or dental hygienist, or dental therapist in attending
any patient in a professional character, and necessary to
professionally serve such patient, shall be deemed strictly
confidential and shall only be made available, either as part
of the record of a hearing hereunder or otherwise: (1) when
such record is required, in its entirety, for purposes of
judicial review pursuant to this Act; or (2) upon the express,
written consent of the patient, or in the case of his or her
death or disability, his or her personal representative.
(Source: P.A. 84-365.)

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(225 ILCS 25/36) (from Ch. 111, par. 2336)
(Section scheduled to be repealed on January 1, 2026)
Sec. 36. Reports of Violations - Immunity. Any person
licensed under this Act, the Illinois State Dental Society,
Illinois Dental Hygienists Association, or any other similar
group or component society or member thereof, or any other
person, may report to the Board any information such person,
association or society may have which appears to show that a
dentist, or dental hygienist, or dental therapist is or may be
in violation of any of the provisions of this Act. Any such
person, association, or society, participating in good faith
in the making of a report, under the Act, shall have immunity
from any liability, civil, criminal or that otherwise might
result by reason of such action. For the purpose of any
proceedings, civil or criminal, the good faith of any such
person, association, or society shall be presumed.
(Source: P.A. 85-946.)
(225 ILCS 25/37) (from Ch. 111, par. 2337)
(Section scheduled to be repealed on January 1, 2026)
Sec. 37. Unlicensed practice; injunctions. The practice of
dentistry by any person not holding a valid and current
license under this Act is declared to be inimical to the public
welfare, to constitute a public nuisance, and to cause
irreparable harm to the public welfare.

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A person is considered to practice dentistry who:
(1) employs a dentist, dental hygienist, dental
therapist, or other entity which can provide dental
services under this Act;
(2) directs or controls the use of any dental
equipment or material while such equipment or material is
being used for the provision of dental services, provided
that this provision shall not be construed to prohibit a
person from obtaining professional advice or assistance in
obtaining or from leasing the equipment or material,
provided the advice, assistance, or lease does not
restrict or interfere with the custody, control, or use of
the equipment or material by the person;
(3) directs, controls or interferes with a dentist's,
or dental hygienist's , or dental therapist's clinical
judgment; or
(4) exercises direction or control, by written
contract, license, or otherwise, over a dentist, dental
hygienist, dental therapist, or other entity which can
provide dental services under this Act in the selection of
a course of treatment; limitation of patient referrals;
content of patient records; policies and decisions
relating to refunds (if the refund payment would be
reportable under federal law to the National Practitioner
Data Bank) and warranties and the clinical content of
advertising; and final decisions relating to employment of

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dental assistants and dental hygienists. Nothing in this
Act shall, however, be construed as prohibiting the
seeking or giving of advice or assistance with respect to
these matters.
The purpose of this Section is to prevent a non-dentist
from influencing or otherwise interfering with the exercise of
independent professional judgment by a dentist, dental
hygienist, dental therapist, or other entity which can provide
dental services under this Act. Nothing in this Section shall
be construed to prohibit insurers and managed care plans from
operating pursuant to the applicable provisions of the
Illinois Insurance Code under which the entities are licensed.
The Secretary, the Attorney General, the State's attorney
of any county in the State, or any person may maintain an
action in the name of the People of the State of Illinois, and
may apply for injunctive relief in any circuit court to enjoin
such person from engaging in such practice; and upon the
filing of a verified petition in such court, the court if
satisfied by affidavit, or otherwise, that such person has
been engaged in such practice without a valid and current
license so to do, may enter a temporary restraining order
without notice or bond, enjoining the defendant from such
further practice. Only the showing of non-licensure, by
affidavit or otherwise, is necessary in order for a temporary
injunction to issue. A copy of the verified complaint shall be
served upon the defendant and the proceedings shall thereafter

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be conducted as in other civil cases except as modified by this
Section. If it is established that the defendant has been, or
is engaged in such unlawful practice, the court may enter an
order or judgment perpetually enjoining the defendant from
further such practice. In all proceedings hereunder the court,
in its discretion, may apportion the costs among the parties
interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses,
court reporter charges and reasonable attorneys' fees. In case
of violation of any injunctive order entered under the
provisions of this Section, the court may summarily try and
punish the offender for contempt of court. Such injunction
proceedings shall be in addition to, and not in lieu of, all
penalties and other remedies provided in this Act.
This Section does not apply to an executor, administrator,
guardian, or authorized representative contracting with
another dentist or dentists to continue the operations of a
deceased or incapacitated dentist's practice under Section
38.2 of this Act.
(Source: P.A. 97-1013, eff. 8-17-12.)
(225 ILCS 25/38.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 38.1. Prohibition against interference by
non-dentists. The purpose of this Section is to ensure that
each dentist, or dental hygienist, or dental therapist

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practicing in this State meets minimum requirements for safe
practice without clinical interference by persons not licensed
under this Act. It is the legislative intent that dental
services be provided only in accordance with the provisions of
this Act and not be delegated to unlicensed persons.
Unless otherwise authorized by this Act, a dentist, or
dental hygienist, or dental therapist is prohibited from
providing dental services in this State, if the dentist, or
dental hygienist, or dental therapist:
(1) is employed by any person other than a dentist to
provide dental services, except as set forth in Section
38.2 of this Act; or
(2) allows any person other than another dentist to
direct, control, or interfere with the dentist's or dental
hygienist's clinical judgment. Clinical judgment shall
include but not be limited to such matters as the
dentist's or dental hygienist's selection of a course of
treatment, limitation of patient referrals, content of
patient records, policies and decisions relating to
refunds (if the refund payment would be reportable under
federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising, and
final decisions relating to employment of dental
assistants and dental hygienists. This paragraph shall not
be construed to limit a patient's right of informed
consent. An executor, administrator, guardian, or

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authorized representative contracting with another dentist
or dentists to continue the operations of a deceased or
incapacitated dentist's practice under Section 38.2 of
this Act who violates this paragraph (2) is subject to the
civil penalties set forth in Section 8.5 of this Act.
(Source: P.A. 94-1028, eff. 1-1-07.)