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.


LRB103 38052 RTM 68184 b


 
 
A BILL FOR
 
HB5213LRB103 38052 RTM 68184 b


1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Illinois Dental Practice Act is amended by 
5changing Sections 4, 16, 16.1, 23, 25, 25.1, 26, 34, 36, 37, 
638.1, and 55 and by adding Sections 7.7, 14.5, and 14.6 as 
7follows:

8 (225 ILCS 25/4)
9 (Section scheduled to be repealed on January 1, 2026)
10 Sec. 4. Definitions. As used in this Act:
11 "Address of record" means the designated address recorded 
12by the Department in the applicant's or licensee's application 
13file or license file as maintained by the Department's 
14licensure maintenance unit. It is the duty of the applicant or 
15licensee to inform the Department of any change of address and 
16those changes must be made either through the Department's 
17website or by contacting the Department. 
18 "Department" means the Department of Financial and 
19Professional Regulation.
20 "Secretary" means the Secretary of Financial and 
21Professional Regulation.
22 "Board" means the Board of Dentistry.
23 "Dentist" means a person who has received a general 
 
 
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1license pursuant to paragraph (a) of Section 11 of this Act and 
2who may perform any intraoral and extraoral procedure required 
3in the practice of dentistry and to whom is reserved the 
4responsibilities specified in Section 17.
5 "Dental hygienist" means a person who holds a license 
6under this Act to perform dental services as authorized by 
7Section 18.
8 "Dental assistant" means an appropriately trained person 
9who, under the supervision of a dentist, provides dental 
10services as authorized by Section 17.
11 "Expanded function dental assistant" means a dental 
12assistant who has completed the training required by Section 
1317.1 of this Act. 
14 "Dental laboratory" means a person, firm, or corporation 
15which:
16  (i) engages in making, providing, repairing, or 
17 altering dental prosthetic appliances and other artificial 
18 materials and devices which are returned to a dentist for 
19 insertion into the human oral cavity or which come in 
20 contact with its adjacent structures and tissues; and
21  (ii) utilizes or employs a dental technician to 
22 provide such services; and
23  (iii) performs such functions only for a dentist or 
24 dentists.
25 "Supervision" means supervision of a dental hygienist, or 
26a dental assistant, or a dental therapist requiring that a 
 
 
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1dentist authorize the procedure, remain in the dental facility 
2while the procedure is performed, and approve the work 
3performed by the dental hygienist, or dental assistant, or 
4dental therapist before dismissal of the patient, but does not 
5mean that the dentist must be present at all times in the 
6treatment room.
7 "General supervision" means supervision of a dental 
8hygienist or dental therapist requiring that the patient be a 
9patient of record, that the dentist examine the patient in 
10accordance with Section 18 prior to treatment by the dental 
11hygienist or dental therapist, and that the dentist authorize 
12the procedures which are being carried out by a notation in the 
13patient's record, but not requiring that a dentist be present 
14when the authorized procedures are being performed. The 
15issuance of a prescription to a dental laboratory by a dentist 
16does not constitute general supervision.
17 "Public member" means a person who is not a health 
18professional. For purposes of board membership, any person 
19with a significant financial interest in a health service or 
20profession is not a public member.
21 "Dentistry" means the healing art which is concerned with 
22the examination, diagnosis, treatment planning, and care of 
23conditions within the human oral cavity and its adjacent 
24tissues and structures, as further specified in Section 17.
25 "Branches of dentistry" means the various specialties of 
26dentistry which, for purposes of this Act, shall be limited to 
 
 
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1the following: endodontics, oral and maxillofacial surgery, 
2orthodontics and dentofacial orthopedics, pediatric dentistry, 
3periodontics, prosthodontics, oral and maxillofacial 
4radiology, and dental anesthesiology.
5 "Specialist" means a dentist who has received a specialty 
6license pursuant to Section 11(b).
7 "Dental technician" means a person who owns, operates, or 
8is employed by a dental laboratory and engages in making, 
9providing, repairing, or altering dental prosthetic appliances 
10and other artificial materials and devices which are returned 
11to a dentist for insertion into the human oral cavity or which 
12come in contact with its adjacent structures and tissues.
13 "Dental therapist" means a person licensed to practice 
14dental therapy as described in Section 14.6.
15 "Dental therapy" means the provision of services described 
16in Section 14.6 and any related services or procedures 
17required in the performance of those services.
18 "Impaired dentist" or "impaired dental hygienist" means a 
19dentist or dental hygienist who is unable to practice with 
20reasonable skill and safety because of a physical or mental 
21disability as evidenced by a written determination or written 
22consent based on clinical evidence, including deterioration 
23through the aging process, loss of motor skills, abuse of 
24drugs or alcohol, or a psychiatric disorder, of sufficient 
25degree to diminish the person's ability to deliver competent 
26patient care.
 
 
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1 "Nurse" means a registered professional nurse, a certified 
2registered nurse anesthetist licensed as an advanced practice 
3registered nurse, or a licensed practical nurse licensed under 
4the Nurse Practice Act.
5 "Patient of record" means a patient for whom the patient's 
6most recent dentist has obtained a relevant medical and dental 
7history and on whom the dentist has performed an examination 
8and evaluated the condition to be treated.
9 "Dental responder" means a dentist or dental hygienist who 
10is appropriately certified in disaster preparedness, 
11immunizations, and dental humanitarian medical response 
12consistent with the Society of Disaster Medicine and Public 
13Health and training certified by the National Incident 
14Management System or the National Disaster Life Support 
15Foundation. 
16 "Mobile dental van or portable dental unit" means any 
17self-contained or portable dental unit in which dentistry is 
18practiced that can be moved, towed, or transported from one 
19location to another in order to establish a location where 
20dental services can be provided.
21 "Public health dental hygienist" means a hygienist who 
22holds a valid license to practice in the State, has 2 years of 
23full-time clinical experience or an equivalent of 4,000 hours 
24of clinical experience, and has completed at least 42 clock 
25hours of additional structured courses in dental education in 
26advanced areas specific to public health dentistry.
 
 
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1 "Public health setting" means a federally qualified health 
2center; a federal, State, or local public health facility; 
3Head Start; a special supplemental nutrition program for 
4Women, Infants, and Children (WIC) facility; a certified 
5school-based health center or school-based oral health 
6program; a prison; or a long-term care facility.
7 "Public health supervision" means the supervision of a 
8public health dental hygienist by a licensed dentist who has a 
9written public health supervision agreement with that public 
10health dental hygienist while working in an approved facility 
11or program that allows the public health dental hygienist to 
12treat patients, without a dentist first examining the patient 
13and being present in the facility during treatment, (1) who 
14are eligible for Medicaid or (2) who are uninsured or whose 
15household income is not greater than 300% of the federal 
16poverty level. 
17 "Teledentistry" means the use of telehealth systems and 
18methodologies in dentistry and includes patient care and 
19education delivery using synchronous and asynchronous 
20communications under a dentist's authority as provided under 
21this Act.
22(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 
23102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. 
241-1-24; revised 12-15-23.)

25 (225 ILCS 25/14.5 new)
 
 
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1 Sec. 14.5. Examination of dental therapists; licensing
2 (a) Every person who desires to obtain a license as a 
3dental therapist shall apply to the Department in writing, 
4upon forms prepared and furnished by the Department. Each 
5application shall contain proof of the particular 
6qualifications required of the applicant, be verified by the 
7applicant, under oath, and be accompanied by the required 
8examination fee.
9 The Department shall require that every applicant for a 
10license as a dental therapist shall:
11  (1) Be 18 years of age or older.
12  (2) Be a graduate of a dental therapy college or 
13 school accredited by the Commission on Dental 
14 Accreditation of the American Dental Association or any 
15 other dental therapy accrediting entity recognized by the 
16 United States Department of Education. For applicants 
17 applying for a dental therapy license before January 1, 
18 2029, the board must approve the applicant's dental 
19 therapy education program if the program was administered 
20 by a college or school that operates an accredited dental 
21 or dental hygiene program and the college or school 
22 certifies to the board that the applicant's education 
23 substantially conformed to the education standards 
24 established by the Commission on Dental Accreditation of 
25 the American Dental Association.
26  (3) Successfully completed a dental therapy practical 
 
 
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1 or clinical examination designated by the Department. If 
2 an applicant fails to pass an examination after 3 
3 attempts, the applicant is not eligible to retake the 
4 examination unless the applicant completes additional 
5 education requirements as specified by the Department.
6 (b) An applicant who satisfies the requirements of this 
7Section and who has successfully completed an examination 
8identified in paragraph (3) of subsection (a) in a 
9jurisdiction other than this State, or who has successfully 
10completed a comparable examination administered or approved by 
11the licensing authority in a jurisdiction other than this 
12State, shall be licensed to practice dental therapy in this 
13State if the Department determines that the other 
14jurisdiction's examination is substantially similar to those 
15identified in paragraph (3) of subsection (a).
16 (c) The Department shall adopt rules to implement and 
17administer this Section.

18 (225 ILCS 25/14.6 new)
19 Sec. 14.6. Dental therapists; scope and area of practice. 
20 (a) Except as otherwise provided in this Act, a dental 
21therapist may perform the dental therapy services specified in 
22subsection (b) under the general supervision of a dentist to 
23the extent authorized by the supervising dentist and provided 
24within the terms of a written collaborative management 
25agreement signed by the dental therapist and the supervising 
 
 
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1dentist that meets the requirements of subsection (c).
2 (b) Dental therapy services include all of the following:
3  (1) All services, treatments, and competencies 
4 identified by the Commission on Dental Accreditation of 
5 the American Dental Association in the Accreditation 
6 Standards for Dental Therapy Education Programs.
7  (2) The following state-specific services, if the 
8 dental therapist's education included curriculum content 
9 satisfying the criteria established by the Commission on 
10 Dental Accreditation of the American Dental Association 
11 for state-specific dental therapy services:
12   (A) evaluating radiographs;
13   (B) placement of space maintainers;
14   (C) pulpotomies on primary teeth;
15   (D) dispensing and administering non-opioid 
16 analgesics, including nitrous oxide, 
17 anti-inflammatories, and antibiotics, as authorized by 
18 the supervising dentist and within the parameters of 
19 the collaborative management agreement; and
20   (E) oral evaluation and assessment of dental 
21 disease and formulation of an individualized treatment 
22 plan if authorized by the supervising dentist and 
23 subject to any conditions, limitations, and protocols 
24 specified by the supervising dentist in the 
25 collaborative management agreement.
26 (c) Before performing any of the services authorized in 
 
 
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1subsection (b), a dental therapist must enter into a written 
2collaborative management agreement with a supervising dentist. 
3The agreement must be signed by the dental therapist and the 
4supervising dentist and must include all of the following 
5information:
6  (1) practice settings where services may be provided 
7 by the dental therapist and the populations to be served 
8 by the dental therapist;
9  (2) any limitations on the services that may be 
10 provided by the dental therapist, including the level of 
11 supervision required by the supervising dentist and 
12 teledentistry;
13  (3) age-specific and procedure-specific practice 
14 protocols for the dental therapist, including case 
15 selection criteria, assessment guidelines, and imaging 
16 frequency;
17  (4) a procedure for creating and maintaining dental 
18 records for the patients who are treated by the dental 
19 therapist;
20  (5) a plan to manage medical emergencies in each 
21 practice setting where the dental therapist provides care;
22  (6) a quality assurance plan for monitoring care 
23 provided by the dental therapist, including patient care 
24 review, referral follow-up, and a quality assurance chart 
25 review;
26  (7) protocols for the dental therapist to administer 
 
 
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1 and dispense medications, including the specific 
2 conditions and circumstances under which the medications 
3 are to be dispensed and administered;
4  (8) criteria relating to the provision of care by the 
5 dental therapist to patients with specific medical 
6 conditions or complex medication histories, including 
7 requirements for consultation before the initiation of 
8 care;
9  (9) supervision criteria of dental therapists; and
10  (10) a plan for the provision of clinical resources 
11 and referrals in situations that are beyond the 
12 capabilities of the dental therapist.
13 (d) A supervising dentist shall determine the number of 
14hours of practice that a dental therapist must complete under 
15direct or indirect supervision of the supervising dentist 
16before the dental therapist may perform any of the services 
17authorized in subsection (b) under general supervision.
18 (e) A supervising dentist may restrict or limit the dental 
19therapist's practice in the written collaborative management 
20agreement to be less than the full scope of practice for dental 
21therapists that is authorized in subsection (b).
22 (f) A supervising dentist may authorize a dental therapist 
23to provide dental therapy services to a patient before the 
24supervising dentist examines or diagnoses the patient if the 
25authority, conditions, and protocols are established in a 
26written collaborative management agreement and if the patient 
 
 
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1is subsequently referred to a dentist for any needed 
2additional services that exceed the dental therapist's scope 
3of practice or authorization under the collaborative 
4management agreement.
5 (g) A supervising dentist must be licensed and practicing 
6in this State. The supervising dentist is responsible for all 
7services authorized and performed by the dental therapist 
8pursuant to the collaborative management agreement and for 
9providing or arranging follow-up services to be provided by a 
10dentist for any additional services that exceed the dental 
11therapist's scope of practice or authorization under the 
12collaborative management agreement.

13 (225 ILCS 25/16) (from Ch. 111, par. 2316)
14 (Section scheduled to be repealed on January 1, 2026)
15 Sec. 16. Expiration, renewal and restoration of licenses.  
16The expiration date and renewal date for each license issued 
17under this Act shall be set by rule. The renewal period for 
18each license issued under this Act shall be 3 years. A dentist, 
19or dental hygienist, or dental therapist may renew a license 
20during the month preceding its expiration date by paying the 
21required fee. A dentist, or dental hygienist, or dental 
22therapist shall provide proof of current Basic Life Support 
23(BLS) certification intended for health care providers at the 
24time of renewal as provided by rule. Basic Life Support 
25certification training taken as a requirement of this Section 
 
 
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1shall be counted for no more than 4 hours during each licensure 
2period towards the continuing education hours under Section 
316.1 of this Act. The Department shall provide by rule for 
4exemptions from this requirement for a dentist, or dental 
5hygienist, or dental therapist with a physical disability that 
6would preclude him or her from performing BLS. 
7 Any dentist, or dental hygienist, or dental therapist 
8whose license has expired or whose license is on inactive 
9status may have his license restored at any time within 5 years 
10after the expiration thereof, upon payment of the required fee 
11and a showing of proof of compliance with current continuing 
12education requirements, as provided by rule.
13 Any person whose license has been expired for more than 5 
14years or who has had his license on inactive status for more 
15than 5 years may have his license restored by making 
16application to the Department and filing proof acceptable to 
17the Department of taking continuing education and of his 
18fitness to have the license restored, including sworn evidence 
19certifying to active practice in another jurisdiction, and by 
20paying the required restoration fee. A person practicing on an 
21expired license is deemed to be practicing without a license. 
22However, a holder of a license may renew the license within 90 
23days after its expiration by complying with the requirements 
24for renewal and payment of an additional fee. A license 
25renewal within 90 days after expiration shall be effective 
26retroactively to the expiration date. 
 
 
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1 If a person whose license has expired or who has had his 
2license on inactive status for more than 5 years has not 
3maintained an active practice satisfactory to the department, 
4the Department shall determine, by an evaluation process 
5established by rule, his or her fitness to resume active 
6status and may require the person to complete a period of 
7evaluated clinical experience and may require successful 
8completion of a practical examination.
9 However, any person whose license expired while he or she 
10was (i) on active duty with the Armed Forces of the United 
11States or called into service or training by the State militia 
12or (ii) in training or education under the supervision of the 
13United States preliminary to induction into the military 
14service, may have his or her license renewed, reinstated, or 
15restored without paying any lapsed renewal or restoration fee, 
16if within 2 years after termination of such service, training, 
17or education other than by dishonorable discharge, he or she 
18furnishes the Department with satisfactory proof that he or 
19she has been so engaged and that his or her service, training, 
20or education has been so terminated.
21(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12; 
2298-147, eff. 1-1-14.)

23 (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
24 (Section scheduled to be repealed on January 1, 2026)
25 Sec. 16.1. Continuing education. The Department shall 
 
 
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1promulgate rules of continuing education for persons licensed 
2under this Act. In establishing rules, the Department shall 
3require a minimum of 48 hours of study in approved courses for 
4dentists during each 3-year licensing period and a minimum of 
536 hours of study in approved courses for dental hygienists 
6and dental therapists during each 3-year licensing period.
7 The Department shall approve only courses that are 
8relevant to the treatment and care of patients, including, but 
9not limited to, clinical courses in dentistry, and dental 
10hygiene, and dental therapy and nonclinical courses such as 
11patient management, legal and ethical responsibilities, and 
12stress management. The Department shall allow up to 4 hours of 
13continuing education credit hours per license renewal period 
14for volunteer hours spent providing clinical services at, or 
15sponsored by, a nonprofit community clinic, local or state 
16health department, or a charity event. Courses shall not be 
17approved in such subjects as estate and personal financial 
18planning, personal investments, or personal health. Approved 
19courses may include, but shall not be limited to, courses that 
20are offered or sponsored by approved colleges, universities, 
21and hospitals and by recognized national, State, and local 
22dental and dental hygiene organizations. When offering a 
23continuing education course, whether at no cost or for a fee, 
24the course provider shall explicitly disclose that the course 
25is an approved course for continuing education in the State of 
26Illinois, as provided in this Section or by the rules adopted 
 
 
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1by the Department. 
2 No license shall be renewed unless the renewal application 
3is accompanied by an affidavit indicating that the applicant 
4has completed the required minimum number of hours of 
5continuing education in approved courses as required by this 
6Section. The affidavit shall not require a listing of courses. 
7The affidavit shall be a prima facie evidence that the 
8applicant has obtained the minimum number of required 
9continuing education hours in approved courses. The Department 
10shall not be obligated to conduct random audits or otherwise 
11independently verify that an applicant has met the continuing 
12education requirement. The Department, however, may not 
13conduct random audits of more than 10% of the licensed 
14dentists, and dental hygienists, and dental therapy
 in any one 
15licensing cycle to verify compliance with continuing education 
16requirements. If the Department, however, receives a complaint 
17that a licensee has not completed the required continuing 
18education or if the Department is investigating another 
19alleged violation of this Act by a licensee, the Department 
20may demand and shall be entitled to receive evidence from any 
21licensee of completion of required continuing education 
22courses for the most recently completed 3-year licensing 
23period. Evidence of continuing education may include, but is 
24not limited to, canceled checks, official verification forms 
25of attendance, and continuing education recording forms, that 
26demonstrate a reasonable record of attendance. The Board shall 
 
 
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1determine, in accordance with rules adopted by the Department, 
2whether a licensee or applicant has met the continuing 
3education requirements. Any dentist who holds more than one 
4license under this Act shall be required to complete only the 
5minimum number of hours of continuing education required for 
6renewal of a single license. The Department may provide 
7exemptions from continuing education requirements.
8(Source: P.A. 103-425, eff. 1-1-24.)

9 (225 ILCS 25/23) (from Ch. 111, par. 2323)
10 (Section scheduled to be repealed on January 1, 2026)
11 Sec. 23. Refusal, revocation or suspension of dental 
12licenses. The Department may refuse to issue or renew, or may 
13revoke, suspend, place on probation, reprimand or take other 
14disciplinary or non-disciplinary action as the Department may 
15deem proper, including imposing fines not to exceed $10,000 
16per violation, with regard to any license for any one or any 
17combination of the following causes:
18  1. Fraud or misrepresentation in applying for or 
19 procuring a license under this Act, or in connection with 
20 applying for renewal of a license under this Act.
21  2. Inability to practice with reasonable judgment, 
22 skill, or safety as a result of habitual or excessive use 
23 or addiction to alcohol, narcotics, stimulants, or any 
24 other chemical agent or drug.
25  3. Willful or repeated violations of the rules of the 
 
 
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1 Department of Public Health or Department of Nuclear 
2 Safety.
3  4. Acceptance of a fee for service as a witness, 
4 without the knowledge of the court, in addition to the fee 
5 allowed by the court.
6  5. Division of fees or agreeing to split or divide the 
7 fees received for dental services with any person for 
8 bringing or referring a patient, except in regard to 
9 referral services as provided for under Section 45, or 
10 assisting in the care or treatment of a patient, without 
11 the knowledge of the patient or his or her legal 
12 representative. Nothing in this item 5 affects any bona 
13 fide independent contractor or employment arrangements 
14 among health care professionals, health facilities, health 
15 care providers, or other entities, except as otherwise 
16 prohibited by law. Any employment arrangements may include 
17 provisions for compensation, health insurance, pension, or 
18 other employment benefits for the provision of services 
19 within the scope of the licensee's practice under this 
20 Act. Nothing in this item 5 shall be construed to require 
21 an employment arrangement to receive professional fees for 
22 services rendered. 
23  6. Employing, procuring, inducing, aiding or abetting 
24 a person not licensed or registered as a dentist, or 
25 dental hygienist, or dental therapist to engage in the 
26 practice of dentistry or dental hygiene. The person 
 
 
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1 practiced upon is not an accomplice, employer, procurer, 
2 inducer, aider, or abetter within the meaning of this Act.
3  7. Making any misrepresentations or false promises, 
4 directly or indirectly, to influence, persuade or induce 
5 dental patronage.
6  8. Professional connection or association with or 
7 lending his or her name to another for the illegal 
8 practice of dentistry by another, or professional 
9 connection or association with any person, firm or 
10 corporation holding himself, herself, themselves, or 
11 itself out in any manner contrary to this Act.
12  9. Obtaining or seeking to obtain practice, money, or 
13 any other things of value by false or fraudulent 
14 representations, but not limited to, engaging in such 
15 fraudulent practice to defraud the medical assistance 
16 program of the Department of Healthcare and Family 
17 Services (formerly Department of Public Aid) under the 
18 Illinois Public Aid Code.
19  10. Practicing under a false or, except as provided by 
20 law, an assumed name.
21  11. Engaging in dishonorable, unethical, or 
22 unprofessional conduct of a character likely to deceive, 
23 defraud, or harm the public.
24  12. Conviction by plea of guilty or nolo contendere, 
25 finding of guilt, jury verdict, or entry of judgment or by 
26 sentencing for any crime, including, but not limited to, 
 
 
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1 convictions, preceding sentences of supervision, 
2 conditional discharge, or first offender probation, under 
3 the laws of any jurisdiction of the United States that (i) 
4 is a felony under the laws of this State or (ii) is a 
5 misdemeanor, an essential element of which is dishonesty, 
6 or that is directly related to the practice of dentistry.
7  13. Permitting a dental hygienist, dental assistant or 
8 other person under his or her supervision to perform any 
9 operation not authorized by this Act.
10  14. Permitting more than 4 dental hygienists to be 
11 employed under his or her supervision at any one time.
12  15. A violation of any provision of this Act or any 
13 rules promulgated under this Act.
14  16. Taking impressions for or using the services of 
15 any person, firm or corporation violating this Act.
16  17. Violating any provision of Section 45 relating to 
17 advertising.
18  18. Discipline by another U.S. jurisdiction or foreign 
19 nation, if at least one of the grounds for the discipline 
20 is the same or substantially equivalent to those set forth 
21 within this Act.
22  19. Willfully failing to report an instance of 
23 suspected child abuse or neglect as required by the Abused 
24 and Neglected Child Reporting Act.
25  20. Gross negligence in practice under this Act.
26  21. The use or prescription for use of narcotics or 
 
 
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1 controlled substances or designated products as listed in 
2 the Illinois Controlled Substances Act, in any way other 
3 than for therapeutic purposes.
4  22. Willfully making or filing false records or 
5 reports in his or her practice as a dentist, including, 
6 but not limited to, false records to support claims 
7 against the dental assistance program of the Department of 
8 Healthcare and Family Services (formerly Illinois 
9 Department of Public Aid).
10  23. Professional incompetence as manifested by poor 
11 standards of care.
12  24. Physical or mental illness, including, but not 
13 limited to, deterioration through the aging process, or 
14 loss of motor skills which results in a dentist's 
15 inability to practice dentistry with reasonable judgment, 
16 skill or safety. In enforcing this paragraph, the 
17 Department may compel a person licensed to practice under 
18 this Act to submit to a mental or physical examination 
19 pursuant to the terms and conditions of Section 23b.
20  25. Gross or repeated irregularities in billing for 
21 services rendered to a patient. For purposes of this 
22 paragraph 25, "irregularities in billing" shall include:
23   (a) Reporting excessive charges for the purpose of 
24 obtaining a total payment in excess of that usually 
25 received by the dentist for the services rendered.
26   (b) Reporting charges for services not rendered.
 
 
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1   (c) Incorrectly reporting services rendered for 
2 the purpose of obtaining payment not earned.
3  26. Continuing the active practice of dentistry while 
4 knowingly having any infectious, communicable, or 
5 contagious disease proscribed by rule or regulation of the 
6 Department.
7  27. Being named as a perpetrator in an indicated 
8 report by the Department of Children and Family Services 
9 pursuant to the Abused and Neglected Child Reporting Act, 
10 and upon proof by clear and convincing evidence that the 
11 licensee has caused a child to be an abused child or 
12 neglected child as defined in the Abused and Neglected 
13 Child Reporting Act.
14  28. Violating the Health Care Worker Self-Referral 
15 Act.
16  29. Abandonment of a patient.
17  30. Mental incompetency as declared by a court of 
18 competent jurisdiction.
19  31. A finding by the Department that the licensee, 
20 after having his or her license placed on probationary 
21 status, has violated the terms of probation. 
22  32. Material misstatement in furnishing information to 
23 the Department.
24  33. Failing, within 60 days, to provide information in 
25 response to a written request by the Department in the 
26 course of an investigation.
 
 
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1  34. Immoral conduct in the commission of any act, 
2 including, but not limited to, commission of an act of 
3 sexual misconduct related to the licensee's practice.
4  35. Cheating on or attempting to subvert the licensing 
5 examination administered under this Act.
6  36. A pattern of practice or other behavior that 
7 demonstrates incapacity or incompetence to practice under 
8 this Act.
9  37. Failure to establish and maintain records of 
10 patient care and treatment as required under this Act.
11  38. Failure to provide copies of dental records as 
12 required by law.
13  39. Failure of a licensed dentist who owns or is 
14 employed at a dental office to give notice of an office 
15 closure to his or her patients at least 30 days prior to 
16 the office closure pursuant to Section 50.1.
17  40. Failure to maintain a sanitary work environment. 
18 All proceedings to suspend, revoke, place on probationary 
19status, or take any other disciplinary action as the 
20Department may deem proper, with regard to a license on any of 
21the foregoing grounds, must be commenced within 5 years after 
22receipt by the Department of a complaint alleging the 
23commission of or notice of the conviction order for any of the 
24acts described herein. Except for fraud in procuring a 
25license, no action shall be commenced more than 7 years after 
26the date of the incident or act alleged to have violated this 
 
 
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1Section. The time during which the holder of the license was 
2outside the State of Illinois shall not be included within any 
3period of time limiting the commencement of disciplinary 
4action by the Department.
5 All fines imposed under this Section shall be paid within 
660 days after the effective date of the order imposing the fine 
7or in accordance with the terms set forth in the order imposing 
8the fine.
9 The Department may refuse to issue or may suspend the 
10license of any person who fails to file a return, or to pay the 
11tax, penalty or interest shown in a filed return, or to pay any 
12final assessment of tax, penalty or interest, as required by 
13any tax Act administered by the Illinois Department of 
14Revenue, until such time as the requirements of any such tax 
15Act are satisfied.
16 Any dentist who has had his or her license suspended or 
17revoked for more than 5 years must comply with the 
18requirements for restoration set forth in Section 16 prior to 
19being eligible for reinstatement from the suspension or 
20revocation.
21(Source: P.A. 103-425, eff. 1-1-24.)

22 (225 ILCS 25/25) (from Ch. 111, par. 2325)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 25. Notice of hearing; investigations and informal 
25conferences.
 
 
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1 (a) Upon the motion of either the Department or the Board 
2or upon the verified complaint in writing of any person 
3setting forth facts which if proven would constitute grounds 
4for refusal, suspension or revocation of license under this 
5Act, the Board shall investigate the actions of any person, 
6hereinafter called the respondent, who holds or represents 
7that he or she holds a license. All such motions or complaints 
8shall be brought to the Board.
9 (b) Prior to taking an in-person statement from a dentist, 
10or dental hygienist, or dental therapist who is the subject of 
11a complaint, the investigator shall inform the dentist, or the 
12dental hygienist, or the dental therapist in writing: 
13  (1) that the dentist, or dental hygienist, or dental 
14 therapist is the subject of a complaint;  
15  (2) that the dentist, or dental hygienist, or dental 
16 therapist need not immediately proceed with the interview 
17 and may seek appropriate consultation prior to consenting 
18 to the interview; and
19  (3) that failure of the dentist
, or dental hygienist, 
20 or dental therapist to proceed with the interview shall 
21 not prohibit the Department from conducting a visual 
22 inspection of the facility. 
23 A Department investigator's failure to comply with this 
24subsection may not be the sole ground for dismissal of any 
25order of the Department filed upon a finding of a violation or 
26for dismissal of a pending investigation.
 
 
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1 (b-5) The duly authorized dental investigators of the 
2Department shall have the right to enter and inspect, during 
3business hours, the business premises of a dentist licensed 
4under this Act or of a person who holds himself or herself out 
5as practicing dentistry, with due consideration for patient 
6care of the subject of the investigation, so as to inspect the 
7physical premises and equipment and furnishings therein. This 
8right of inspection shall not include inspection of business, 
9medical, or personnel records located on the premises without 
10a Department subpoena issued in accordance with Section 25.1 
11of this Act or Section 2105-105 of the Department of 
12Professional Regulation Law of the Civil Administrative Code 
13of Illinois. For the purposes of this Section, "business 
14premises" means the office or offices where the dentist 
15conducts the practice of dentistry.
16 (c) If the Department concludes on the basis of a 
17complaint or its initial investigation that there is a 
18possible violation of the Act, the Department may: 
19  (1) schedule a hearing pursuant to this Act; or 
20  (2) request in writing that the dentist, or dental 
21 hygienist, or dental therapist being investigated attend 
22 an informal conference with representatives of the 
23 Department.
24 The request for an informal conference shall contain the 
25nature of the alleged actions or inactions that constitute the 
26possible violations.
 
 
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1 A dentist, or dental hygienist, or dental therapist shall 
2be allowed to have legal counsel at the informal conference. 
3If the informal conference results in a consent order between 
4the accused dentist, or dental hygienist, or dental therapist 
5and the Department, the consent order must be approved by the 
6Secretary. However, if the consent order would result in a 
7fine exceeding $10,000 or the suspension or revocation of the 
8dentist, or dental hygienist, or dental therapist license, the 
9consent order must be approved by the Board and the Secretary. 
10Participation in the informal conference by a dentist, a 
11dental hygienist, or the Department and any admissions or 
12stipulations made by a dentist, a dental hygienist, a dental 
13therapist, or the Department at the informal conference, 
14including any agreements in a consent order that is 
15subsequently disapproved by either the Board or the Secretary, 
16shall not be used against the dentist, dental hygienist, 
17dental therapist, or Department at any subsequent hearing and 
18shall not become a part of the record of the hearing.
19 (d) The Secretary shall, before suspending, revoking, 
20placing on probationary status, or taking any other 
21disciplinary action as the Secretary may deem proper with 
22regard to any license, at least 30 days prior to the date set 
23for the hearing, notify the respondent in writing of any 
24charges made and the time and place for a hearing of the 
25charges before the Board, direct him or her to file his or her 
26written answer thereto to the Board under oath within 20 days 
 
 
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1after the service on him or her of such notice and inform him 
2or her that if he or she fails to file such answer default will 
3be taken against him or her and his or her license may be 
4suspended, revoked, placed on probationary status, or other 
5disciplinary action may be taken with regard thereto, 
6including limiting the scope, nature or extent of his or her 
7practice, as the Secretary may deem proper.
8 (e) Such written notice and any notice in such proceedings 
9thereafter may be served by delivery personally to the 
10respondent, or by registered or certified mail to the address 
11last theretofore specified by the respondent in his or her 
12last notification to the Secretary.
13(Source: P.A. 99-492, eff. 12-31-15.)

14 (225 ILCS 25/25.1)
15 (Section scheduled to be repealed on January 1, 2026)
16 Sec. 25.1. Subpoena powers. 
17 (a) The Department, upon a determination by the 
18chairperson of the Board that reasonable cause exists that a 
19violation of one or more of the grounds for discipline set 
20forth in Section 23 or Section 24 of this Act has occurred or 
21is occurring, may subpoena the dental records of individual 
22patients of dentists and dental hygienists licensed under this 
23Act.
24 (b) Notwithstanding subsection (a) of this Section, the 
25Board and the Department may subpoena copies of hospital, 
 
 
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1medical, or dental records in mandatory report cases alleging 
2death or permanent bodily injury when consent to obtain the 
3records has not been provided by a patient or a patient's legal 
4representative. All records and other information received 
5pursuant to a subpoena shall be confidential and shall be 
6afforded the same status as information concerning medical 
7studies under Part 21 of Article VIII of the Code of Civil 
8Procedure. The use of these records shall be restricted to 
9members of the Board, the dental coordinator, and appropriate 
10Department staff designated by the Secretary for the purpose 
11of determining the existence of one or more grounds for 
12discipline of the dentist, or dental hygienist, or dental 
13therapist as provided for in Section 23 or Section 24 of this 
14Act.
15 (c) Any review of an individual patient's records shall be 
16conducted by the Department in strict confidentiality, 
17provided that the patient records shall be admissible in a 
18disciplinary hearing before the Secretary, the Board, or a 
19hearing officer designated by the Department when necessary to 
20substantiate the grounds for discipline alleged against the 
21dentist, or dental hygienist, or dental therapist licensed 
22under this Act.
23 (d) The Department may provide reimbursement for fees and 
24mileage associated with its subpoena power in the same manner 
25prescribed by law for judicial procedure in a civil case.
26 (e) Nothing in this Section shall be deemed to supersede 
 
 
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1the provisions of Part 21 of Article VIII of the Code of Civil 
2Procedure, now or hereafter amended, to the extent applicable.
3 (f) All information gathered by the Department during any 
4investigation, including information subpoenaed under this Act 
5and the investigative file, shall be kept for the confidential 
6use of the Secretary, the dental coordinator, the Board's 
7attorneys, the dental investigative staff, authorized clerical 
8staff, and persons employed by contract to advise the dental 
9coordinator or the Department as provided in this Act, except 
10that the Department may disclose information and documents to 
11(i) a federal, State, or local law enforcement agency pursuant 
12to a subpoena in an ongoing criminal investigation or (ii) a 
13dental licensing authority of another state or jurisdiction 
14pursuant to an official request made by that authority. Any 
15information or documents disclosed by the Department to a 
16federal, State, or local law enforcement agency may only be 
17used by that agency for the investigation and prosecution of a 
18criminal offense. Any information or documents disclosed by 
19the Department to a dental licensing authority of another 
20state or jurisdiction may only be used by that authority for 
21investigations and disciplinary proceedings with regards to a 
22license. 
23 This subsection (f) applies only to causes of action 
24accruing on or after the effective date of this amendatory Act 
25of the 96th General Assembly. 
26(Source: P.A. 96-1221, eff. 7-23-10.)

 
 
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1 (225 ILCS 25/26) (from Ch. 111, par. 2326)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 26. Disciplinary actions. 
4 (a) In case the respondent, after receiving notice, fails 
5to file an answer, his or her license may, in the discretion of 
6the Secretary, having first received the recommendation of the 
7Board, be suspended, revoked, placed on probationary status, 
8or the Secretary may take whatever disciplinary or 
9non-disciplinary action he or she may deem proper, including 
10limiting the scope, nature, or extent of the person's practice 
11or the imposition of a fine, without a hearing, if the act or 
12acts charged constitute sufficient grounds for such action 
13under this Act.
14 (b) The Secretary may temporarily suspend the license of a 
15dentist, or dental hygienist, or dental therapist without a 
16hearing, simultaneous to the institution of proceedings for a 
17hearing under this Act, if the Secretary finds that evidence 
18in his or her possession indicates that a dentist's or dental 
19hygienist's continuation in practice would constitute an 
20immediate danger to the public. In the event that the 
21Secretary temporarily suspends the license of a dentist, or a 
22dental hygienist, or a dental therapist without a hearing, a 
23hearing by the Board must be held within 15 days after such 
24suspension has occurred.
25 (c) The entry of a judgment by any circuit court 
 
 
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1establishing that any person holding a license under this Act 
2is a person subject to involuntary admission under the Mental 
3Health and Developmental Disabilities Code shall operate as a 
4suspension of that license. That person may resume his or her 
5practice only upon a finding by the Board that he or she has 
6been determined to be no longer subject to involuntary 
7admission by the court and upon the Board's recommendation to 
8the Secretary that he or she be permitted to resume his or her 
9practice.
10(Source: P.A. 99-492, eff. 12-31-15.)

11 (225 ILCS 25/34) (from Ch. 111, par. 2334)
12 (Section scheduled to be repealed on January 1, 2026)
13 Sec. 34. Confidential information - disclosure. In all 
14hearings conducted under this Act, information received, 
15pursuant to law, relating to any information acquired by a 
16dentist, or dental hygienist, or dental therapist in attending 
17any patient in a professional character, and necessary to 
18professionally serve such patient, shall be deemed strictly 
19confidential and shall only be made available, either as part 
20of the record of a hearing hereunder or otherwise: (1) when 
21such record is required, in its entirety, for purposes of 
22judicial review pursuant to this Act; or (2) upon the express, 
23written consent of the patient, or in the case of his or her 
24death or disability, his or her personal representative.
25(Source: P.A. 84-365.)

 
 
HB5213- 33 -LRB103 38052 RTM 68184 b


1 (225 ILCS 25/36) (from Ch. 111, par. 2336)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 36. Reports of Violations - Immunity. Any person 
4licensed under this Act, the Illinois State Dental Society, 
5Illinois Dental Hygienists Association, or any other similar 
6group or component society or member thereof, or any other 
7person, may report to the Board any information such person, 
8association or society may have which appears to show that a 
9dentist, or dental hygienist, or dental therapist is or may be 
10in violation of any of the provisions of this Act. Any such 
11person, association, or society, participating in good faith 
12in the making of a report, under the Act, shall have immunity 
13from any liability, civil, criminal or that otherwise might 
14result by reason of such action. For the purpose of any 
15proceedings, civil or criminal, the good faith of any such 
16person, association, or society shall be presumed.
17(Source: P.A. 85-946.)

18 (225 ILCS 25/37) (from Ch. 111, par. 2337)
19 (Section scheduled to be repealed on January 1, 2026)
20 Sec. 37. Unlicensed practice; injunctions. The practice of 
21dentistry by any person not holding a valid and current 
22license under this Act is declared to be inimical to the public 
23welfare, to constitute a public nuisance, and to cause 
24irreparable harm to the public welfare.
 
 
HB5213- 34 -LRB103 38052 RTM 68184 b


1 A person is considered to practice dentistry who: 
2  (1) employs a dentist, dental hygienist, dental 
3 therapist, or other entity which can provide dental 
4 services under this Act; 
5  (2) directs or controls the use of any dental 
6 equipment or material while such equipment or material is 
7 being used for the provision of dental services, provided 
8 that this provision shall not be construed to prohibit a 
9 person from obtaining professional advice or assistance in 
10 obtaining or from leasing the equipment or material, 
11 provided the advice, assistance, or lease does not 
12 restrict or interfere with the custody, control, or use of 
13 the equipment or material by the person; 
14  (3) directs, controls or interferes with a dentist's, 
15 or dental hygienist's , or dental therapist's clinical 
16 judgment; or 
17  (4) exercises direction or control, by written 
18 contract, license, or otherwise, over a dentist, dental 
19 hygienist, dental therapist, or other entity which can 
20 provide dental services under this Act in the selection of 
21 a course of treatment; limitation of patient referrals; 
22 content of patient records; policies and decisions 
23 relating to refunds (if the refund payment would be 
24 reportable under federal law to the National Practitioner 
25 Data Bank) and warranties and the clinical content of 
26 advertising; and final decisions relating to employment of 
 
 
HB5213- 35 -LRB103 38052 RTM 68184 b


1 dental assistants and dental hygienists. Nothing in this 
2 Act shall, however, be construed as prohibiting the 
3 seeking or giving of advice or assistance with respect to 
4 these matters.
5 The purpose of this Section is to prevent a non-dentist 
6from influencing or otherwise interfering with the exercise of 
7independent professional judgment by a dentist, dental 
8hygienist, dental therapist, or other entity which can provide 
9dental services under this Act. Nothing in this Section shall 
10be construed to prohibit insurers and managed care plans from 
11operating pursuant to the applicable provisions of the 
12Illinois Insurance Code under which the entities are licensed.
13 The Secretary, the Attorney General, the State's attorney 
14of any county in the State, or any person may maintain an 
15action in the name of the People of the State of Illinois, and 
16may apply for injunctive relief in any circuit court to enjoin 
17such person from engaging in such practice; and upon the 
18filing of a verified petition in such court, the court if 
19satisfied by affidavit, or otherwise, that such person has 
20been engaged in such practice without a valid and current 
21license so to do, may enter a temporary restraining order 
22without notice or bond, enjoining the defendant from such 
23further practice. Only the showing of non-licensure, by 
24affidavit or otherwise, is necessary in order for a temporary 
25injunction to issue. A copy of the verified complaint shall be 
26served upon the defendant and the proceedings shall thereafter 
 
 
HB5213- 36 -LRB103 38052 RTM 68184 b


1be conducted as in other civil cases except as modified by this 
2Section. If it is established that the defendant has been, or 
3is engaged in such unlawful practice, the court may enter an 
4order or judgment perpetually enjoining the defendant from 
5further such practice. In all proceedings hereunder the court, 
6in its discretion, may apportion the costs among the parties 
7interested in the action, including cost of filing the 
8complaint, service of process, witness fees and expenses, 
9court reporter charges and reasonable attorneys' fees. In case 
10of violation of any injunctive order entered under the 
11provisions of this Section, the court may summarily try and 
12punish the offender for contempt of court. Such injunction 
13proceedings shall be in addition to, and not in lieu of, all 
14penalties and other remedies provided in this Act.
15 This Section does not apply to an executor, administrator, 
16guardian, or authorized representative contracting with 
17another dentist or dentists to continue the operations of a 
18deceased or incapacitated dentist's practice under Section 
1938.2 of this Act. 
20(Source: P.A. 97-1013, eff. 8-17-12.)

21 (225 ILCS 25/38.1)
22 (Section scheduled to be repealed on January 1, 2026)
23 Sec. 38.1. Prohibition against interference by 
24non-dentists. The purpose of this Section is to ensure that 
25each dentist, or dental hygienist, or dental therapist 
 
 
HB5213- 37 -LRB103 38052 RTM 68184 b


1practicing in this State meets minimum requirements for safe 
2practice without clinical interference by persons not licensed 
3under this Act. It is the legislative intent that dental 
4services be provided only in accordance with the provisions of 
5this Act and not be delegated to unlicensed persons.
6 Unless otherwise authorized by this Act, a dentist, or 
7dental hygienist, or dental therapist is prohibited from 
8providing dental services in this State, if the dentist, or 
9dental hygienist, or dental therapist: 
10  (1) is employed by any person other than a dentist to 
11 provide dental services, except as set forth in Section 
12 38.2 of this Act; or 
13  (2) allows any person other than another dentist to 
14 direct, control, or interfere with the dentist's or dental 
15 hygienist's clinical judgment. Clinical judgment shall 
16 include but not be limited to such matters as the 
17 dentist's or dental hygienist's selection of a course of 
18 treatment, limitation of patient referrals, content of 
19 patient records, policies and decisions relating to 
20 refunds (if the refund payment would be reportable under 
21 federal law to the National Practitioner Data Bank) and 
22 warranties and the clinical content of advertising, and 
23 final decisions relating to employment of dental 
24 assistants and dental hygienists. This paragraph shall not 
25 be construed to limit a patient's right of informed 
26 consent. An executor, administrator, guardian, or 
 
 
HB5213- 38 -LRB103 38052 RTM 68184 b


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