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Public Act 101-0162
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SB0167 Enrolled | LRB101 04886 JRG 49895 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
changing Sections 4, 8.1, 17, 17.1, 18, 18.1, 38.2, and 54.3 as |
follows:
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(225 ILCS 25/4)
(from Ch. 111, par. 2304)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 4. Definitions. As used in this Act:
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"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file as maintained by the Department's |
licensure maintenance unit. It is the duty of the applicant or |
licensee to inform the Department of any change of address and |
those changes must be made either through the Department's |
website or by contacting the Department. |
"Department" means the Department of Financial and |
Professional Regulation.
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"Secretary" means the Secretary of Financial and |
Professional Regulation.
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"Board" means the Board of Dentistry.
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"Dentist" means a person who has received a general license |
pursuant
to paragraph (a) of Section 11 of this Act and who may |
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perform any intraoral
and extraoral procedure required in the |
practice of dentistry and to whom is
reserved the |
responsibilities specified in Section 17.
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"Dental hygienist" means a person who holds a license under |
this Act to
perform dental services as authorized by Section |
18.
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"Dental assistant" means an appropriately trained person
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who, under the supervision of a dentist, provides dental |
services
as authorized by Section 17.
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"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:
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(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
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(ii) utilizes or employs a dental technician to provide |
such services; and
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(iii) performs such functions only for a dentist or |
dentists.
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"Supervision" means supervision of a dental hygienist or a |
dental
assistant requiring that a dentist authorize the |
procedure, remain in the
dental facility while the procedure is |
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performed, and approve the work
performed by the dental |
hygienist or dental assistant before dismissal of
the patient, |
but does not mean that the dentist must be present at all
times |
in the treatment room.
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"General supervision" means supervision of a dental |
hygienist
requiring that the patient be a patient of record,
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that the dentist
examine the patient in accordance with Section |
18 prior to treatment by the
dental hygienist, and that the
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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.
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"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.
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"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.
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"Branches of dentistry" means the various specialties of |
dentistry
which, for purposes of this Act, shall be limited to |
the following:
endodontics, oral and maxillofacial surgery, |
orthodontics and dentofacial
orthopedics, pediatric dentistry,
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periodontics, prosthodontics, and oral and maxillofacial
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radiology.
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"Specialist" means a dentist who has received a specialty |
license
pursuant to Section 11(b).
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"Dental technician" means a person who owns, operates or is
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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.
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"Impaired dentist" or "impaired dental hygienist" means a |
dentist
or dental hygienist who is unable to practice with
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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
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registered nurse, or a licensed practical nurse licensed under |
the Nurse Practice Act.
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"Patient of record" means a patient for whom the patient's |
most recent
dentist has obtained
a
relevant medical and dental |
history and on whom the dentist has performed an
examination |
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and evaluated the condition to be treated.
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"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.
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"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 |
approved by rule by the Department in advanced areas specific |
to public health dentistry, including, but not limited to, |
emergency procedures for medically compromised patients, |
pharmacology, medical recordkeeping procedures, geriatric |
dentistry, pediatric dentistry, pathology, and other areas of |
study as determined by the Department, and works in a public |
health setting pursuant to a written public health supervision |
agreement as defined by rule by the Department with a dentist |
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working in or contracted with a local or State government |
agency or institution or who is providing services as part of a |
certified school-based program or school-based oral health |
program. |
"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; or a certified |
school-based health center or school-based oral health |
program. |
"Public health supervision" means the supervision of a |
public health dental hygienist by a licensed dentist who has a |
written public health supervision agreement with that public |
health dental hygienist while working in an approved facility |
or program that allows the public health dental hygienist to |
treat patients, without a dentist first examining the patient |
and being present in the facility during treatment, (1) who are |
eligible for Medicaid or (2) who are uninsured and whose |
household income is not greater than 200% of the federal |
poverty level. |
"Teledentistry" means the use of telehealth systems and |
methodologies in dentistry and includes patient care and |
education delivery using synchronous and asynchronous |
communications under a dentist's authority as provided under |
this Act. |
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15; |
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99-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff. |
1-1-18; 100-863, eff. 8-14-18.)
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(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 8.1. Permit for the administration of anesthesia and |
sedation.
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(a) No licensed dentist shall administer general |
anesthesia, deep sedation, or
conscious sedation without first |
applying for and obtaining a
permit for such purpose from the |
Department. The Department shall issue
such permit only after |
ascertaining that the applicant possesses the
minimum |
qualifications necessary to protect public safety. A person |
with a
dental degree who administers anesthesia, deep sedation,
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or conscious sedation
in an
approved
hospital training program |
under the supervision of either a licensed
dentist holding such |
permit or a physician licensed to practice medicine in
all its |
branches shall not be required to obtain such permit.
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(b) In determining the minimum permit qualifications that |
are necessary to protect public safety, the Department, by |
rule, shall: |
(1) establish the minimum educational and training |
requirements necessary for a dentist to be issued an |
appropriate permit; |
(2) establish the standards for properly equipped |
dental facilities (other than licensed hospitals and |
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ambulatory surgical treatment centers) in which general |
anesthesia, deep sedation, or conscious sedation is |
administered, as necessary to protect public safety; |
(3) establish minimum requirements for all persons who |
assist the dentist in the administration of general |
anesthesia, deep sedation, or conscious sedation, |
including minimum training requirements for each member of |
the dental team, monitoring requirements, recordkeeping |
requirements, and emergency procedures; |
(4) ensure that the dentist has completed and maintains |
current certification in advanced cardiac life support or |
pediatric advanced life support and all persons assisting |
the dentist or monitoring the administration of general |
anesthesia, deep sedation, or conscious sedation maintain |
current certification in Basic Life Support (BLS); and |
(5) establish continuing education requirements in |
sedation techniques and airway management for dentists who |
possess a permit under this Section. |
When establishing requirements under this Section, the |
Department shall consider the current American Dental |
Association guidelines on sedation and general anesthesia, the |
current "Guidelines for Monitoring and Management of Pediatric |
Patients During and After Sedation for Diagnostic and |
Therapeutic Procedures" established by the American Academy of |
Pediatrics and the American Academy of Pediatric Dentistry, and |
the current parameters of care and Office Anesthesia Evaluation |
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(OAE) Manual established by the American Association of Oral |
and Maxillofacial Surgeons. |
(c) A licensed dentist must hold an appropriate permit |
issued under this Section in order to perform dentistry while a |
nurse anesthetist administers conscious sedation, and a valid |
written collaborative agreement must exist between the dentist |
and the nurse anesthetist, in accordance with the Nurse
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Practice Act. |
A licensed dentist must hold an appropriate permit issued |
under this Section in order to perform dentistry while a nurse |
anesthetist administers deep sedation or general anesthesia, |
and a valid written collaborative agreement must exist between |
the dentist and the nurse anesthetist, in accordance with the |
Nurse
Practice Act. |
For the purposes of this subsection (c), "nurse |
anesthetist" means a licensed certified registered nurse |
anesthetist who holds a license as an advanced practice |
registered nurse.
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(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18 .)
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(225 ILCS 25/17) (from Ch. 111, par. 2317)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 17. Acts constituting the practice of dentistry. A |
person
practices dentistry, within the meaning of this Act:
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(1) Who represents himself or herself as being able to |
diagnose or diagnoses,
treats, prescribes, or operates for |
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any disease, pain, deformity, deficiency,
injury, or |
physical condition of the human tooth, teeth, alveolar |
process,
gums or jaw; or
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(2) Who is a manager, proprietor, operator or conductor |
of a
business where
dental operations are performed; or
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(3) Who performs dental operations of any kind; or
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(4) Who uses an X-Ray machine or X-Ray films for
dental |
diagnostic purposes; or
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(5) Who extracts a human tooth or teeth, or corrects or |
attempts to
correct
malpositions of the human teeth or |
jaws; or
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(6) Who offers or undertakes, by any means or method, |
to diagnose, treat
or remove stains, calculus, and bonding |
materials from human teeth or jaws; or
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(7) Who uses or administers local or general |
anesthetics in the treatment
of dental or oral diseases or |
in any preparation incident to a dental operation
of any |
kind or character; or
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(8) Who takes material or digital scans for final |
impressions of the human tooth, teeth, or jaws or performs
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any phase of any operation incident to the replacement of a |
part of a tooth,
a tooth, teeth or associated tissues by |
means of a filling, crown, a bridge,
a denture or other |
appliance; or
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(9) Who offers to furnish, supply, construct, |
reproduce or repair, or
who furnishes, supplies, |
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constructs, reproduces or repairs, prosthetic
dentures, |
bridges or other substitutes for natural teeth, to the user |
or
prospective user thereof; or
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(10) Who instructs students on clinical matters or |
performs any clinical
operation included in the curricula |
of recognized dental schools and colleges; or
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(11) Who takes material or digital scans for final |
impressions of human teeth or places his or her hands in |
the mouth of any person for the purpose of applying teeth |
whitening materials, or who takes impressions of human |
teeth or places his or her hands in the mouth of any person |
for the purpose of assisting in the application of teeth |
whitening materials. A person does not practice dentistry |
when he or she discloses to the consumer that he or she is |
not licensed as a dentist under this Act and (i) discusses |
the use of teeth whitening materials with a consumer |
purchasing these materials; (ii) provides instruction on |
the use of teeth whitening materials with a consumer |
purchasing these materials; or (iii) provides appropriate |
equipment on-site to the consumer for the consumer to |
self-apply teeth whitening materials. |
The fact that any person engages in or performs, or offers |
to engage in
or perform, any of the practices, acts, or |
operations set forth in this
Section, shall be prima facie |
evidence that such person is engaged in the
practice of |
dentistry.
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The following practices, acts, and operations, however, |
are exempt from
the operation of this Act:
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(a) The rendering of dental relief in emergency cases |
in the practice
of his or her profession by a physician or |
surgeon, licensed as such
under the laws of this State, |
unless he or she undertakes to reproduce or reproduces
lost |
parts of the human teeth in the mouth or to restore or |
replace lost
or missing teeth in the mouth; or
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(b) The practice of dentistry in the discharge of their |
official duties
by dentists in any branch of the Armed |
Services of the United States, the
United States Public |
Health Service, or the United States Veterans
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Administration; or
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(c) The practice of dentistry by students in their |
course of study
in dental schools or colleges approved by |
the Department, when acting under the
direction and |
supervision of dentists acting as instructors; or
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(d) The practice of dentistry by clinical instructors |
in the course of
their teaching duties in dental schools or |
colleges approved by the
Department:
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(i) when acting under the direction and |
supervision of dentists,
provided that such clinical |
instructors have instructed continuously in
this State |
since January 1, 1986; or
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(ii) when holding the rank of full professor at |
such approved dental
school or college and possessing a |
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current valid license or authorization
to practice |
dentistry in another country; or
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(e) The practice of dentistry by licensed dentists of |
other states or
countries at meetings of the Illinois State |
Dental Society or component
parts thereof, alumni meetings |
of dental colleges, or any other like dental
organizations, |
while appearing as clinicians; or
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(f) The use of X-Ray machines for exposing X-Ray films |
of dental or oral
tissues by dental hygienists or dental |
assistants; or
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(g) The performance of any dental service by a dental |
assistant, if such
service is performed under the |
supervision and full responsibility of a
dentist. In |
addition, after being authorized by a dentist, a dental |
assistant may, for the purpose of eliminating pain or |
discomfort, remove loose, broken, or irritating |
orthodontic appliances on a patient of record.
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For purposes of this paragraph (g), "dental service" is |
defined to mean
any intraoral procedure or act which shall |
be prescribed by rule or
regulation of the Department. |
Dental service, however, shall not include:
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(1) Any and all diagnosis of or prescription for |
treatment of disease,
pain, deformity, deficiency, |
injury or physical condition of the human teeth
or |
jaws, or adjacent structures.
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(2) Removal of, or restoration of, or addition
to |
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the hard or soft tissues of the oral cavity, except for |
the placing, carving, and finishing of amalgam |
restorations and placing, packing, and finishing |
composite restorations by dental assistants who have |
had additional formal education and certification. |
A dental assistant may place, carve, and finish |
amalgam restorations, place, pack, and finish |
composite restorations, and place interim restorations |
if he or she (A) has at least 4,000 hours of direct |
clinical patient care experience and has successfully |
completed a structured training program as described |
in item (2) of subsection (g) provided by : (A) an |
educational institution accredited by the Commission |
on Dental Accreditation, such as a dental school or |
dental hygiene or dental assistant program, or (B) has |
at least 4,000 hours of direct clinical patient care |
experience and has successfully completed a structured |
training program as described in item (2) of subsection |
(g) provided by a statewide dental association, |
approved by the Department to provide continuing |
education, that has developed and conducted training |
programs for expanded functions for dental assistants |
or hygienists. The training program must: (i) include a |
minimum of 16 hours of didactic study and 14 hours of |
clinical manikin instruction; all training programs |
shall include areas of study in nomenclature, caries |
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classifications, oral anatomy, periodontium, basic |
occlusion, instrumentations, pulp protection liners |
and bases, dental materials, matrix and wedge |
techniques, amalgam placement and carving, rubber dam |
clamp placement, and rubber dam placement and removal; |
(ii) include an outcome assessment examination that |
demonstrates competency; (iii) require the supervising |
dentist to observe and approve the completion of 8 |
amalgam or composite restorations; and (iv) issue a |
certificate of completion of the training program, |
which must be kept on file at the dental office and be |
made available to the Department upon request. A dental |
assistant must have successfully completed an approved |
coronal polishing and dental sealant course prior to |
taking the amalgam and composite restoration course. |
A dentist utilizing dental assistants shall not |
supervise more than 4 dental assistants at any one time |
for placing, carving, and finishing of amalgam |
restorations or for placing, packing, and finishing |
composite restorations.
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(3) Any and all correction of malformation of teeth |
or of the jaws.
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(4) Administration of anesthetics, except for |
monitoring of
nitrous oxide, conscious sedation, deep |
sedation, and general anesthetic as provided in |
Section 8.1 of this Act, that may be performed only |
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after successful completion of a training
program |
approved by the Department. A dentist utilizing dental |
assistants shall not supervise more than 4 dental |
assistants at any one time for the monitoring of |
nitrous oxide.
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(5) Removal of calculus from human teeth.
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(6) Taking of material or digital scans for final |
impressions for the fabrication of prosthetic
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appliances,
crowns,
bridges, inlays, onlays, or other |
restorative or replacement
dentistry.
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(7) The operative procedure of dental hygiene |
consisting of oral
prophylactic procedures, except for |
coronal polishing and pit and fissure sealants,
which |
may be
performed by a
dental assistant who has |
successfully completed a training program approved by
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the Department. Dental assistants may perform coronal |
polishing under the
following circumstances: (i) the |
coronal polishing shall be limited to
polishing the
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clinical crown of the tooth and existing restorations, |
supragingivally; (ii)
the
dental assistant performing |
the coronal polishing shall be limited to the use
of
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rotary instruments using a rubber cup or brush |
polishing method (air polishing
is
not permitted); and |
(iii) the supervising dentist shall not supervise more
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than 4
dental assistants at any one time for the task |
of coronal polishing or pit and fissure sealants.
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In addition to coronal polishing and pit and |
fissure sealants as described in this item (7), a |
dental assistant who has at least 2,000 hours of direct |
clinical patient care experience and who has |
successfully completed a structured training program |
provided by (1) an educational institution such as a |
dental school or dental hygiene or dental assistant |
program, or (2) by a statewide dental or dental |
hygienist association, approved by the Department on |
or before the effective date of this amendatory Act of |
the 99th General Assembly, that has developed and |
conducted a training program for expanded functions |
for dental assistants or hygienists may perform: (A) |
coronal scaling above the gum line, supragingivally, |
on the clinical crown of the tooth only on patients 12 |
years of age or younger who have an absence of |
periodontal disease and who are not medically |
compromised or individuals with special needs and (B) |
intracoronal temporization of a tooth. The training |
program must: (I) include a minimum of 16 hours of |
instruction in both didactic and clinical manikin or |
human subject instruction; all training programs shall |
include areas of study in dental anatomy, public health |
dentistry, medical history, dental emergencies, and |
managing the pediatric patient; (II) include an |
outcome assessment examination that demonstrates |
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competency; (III) require the supervising dentist to |
observe and approve the completion of 6 full mouth |
supragingival scaling procedures; and (IV) issue a |
certificate of completion of the training program, |
which must be kept on file at the dental office and be |
made available to the Department upon request. A dental |
assistant must have successfully completed an approved |
coronal polishing course prior to taking the coronal |
scaling course. A dental assistant performing these |
functions shall be limited to the use of hand |
instruments only. In addition, coronal scaling as |
described in this paragraph shall only be utilized on |
patients who are eligible for Medicaid or who are |
uninsured and whose household income is not greater |
than 200% of the federal poverty level. A dentist may |
not supervise more than 2 dental assistants at any one |
time for the task of coronal scaling. This paragraph is |
inoperative on and after January 1, 2026 2021 . |
The limitations on the number of dental assistants a |
dentist may supervise contained in items (2), (4), and (7) |
of this paragraph (g) mean a limit of 4 total dental |
assistants or dental hygienists doing expanded functions |
covered by these Sections being supervised by one dentist. |
(h) The practice of dentistry by an individual who:
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(i) has applied in writing to the Department, in |
form and substance
satisfactory to the Department, for |
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a general dental license and has
complied with all |
provisions of Section 9 of this Act, except for the
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passage of the examination specified in subsection (e) |
of Section 9 of this
Act; or
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(ii) has applied in writing to the Department, in |
form and substance
satisfactory to the Department, for |
a temporary dental license and has
complied with all |
provisions of subsection (c) of Section 11 of this Act; |
and
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(iii) has been accepted or appointed for specialty |
or residency training
by a hospital situated in this |
State; or
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(iv) has been accepted or appointed for specialty |
training in an
approved dental program situated in this |
State; or
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(v) has been accepted or appointed for specialty |
training in a dental
public health agency situated in |
this State.
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The applicant shall be permitted to practice dentistry |
for a period of 3
months from the starting date of the |
program, unless authorized in writing
by the Department to |
continue such practice for a period specified in
writing by |
the Department.
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The applicant shall only be entitled to perform such |
acts as may be
prescribed by and incidental to his or her |
program of residency or specialty
training and shall not |
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otherwise engage in the practice of dentistry in this
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State.
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The authority to practice shall terminate immediately |
upon:
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(1) the decision of the Department that the |
applicant has failed the
examination; or
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(2) denial of licensure by the Department; or
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(3) withdrawal of the application.
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(Source: P.A. 99-492, eff. 12-31-15; 99-680, eff. 1-1-17; |
100-215, eff. 1-1-18; 100-976, eff. 1-1-19 .)
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(225 ILCS 25/17.1) |
(Section scheduled to be repealed on January 1, 2026) |
Sec. 17.1. Expanded function dental assistants. |
(a) A dental assistant who has completed training as |
provided in subsection (b) of this Section in all of the |
following areas may hold himself or herself out as an expanded |
function dental assistant: |
(1) Taking material or digital scans for final |
impressions after completing a training program that |
includes either didactic objectives or clinical skills and |
functions that demonstrate competency. |
(2) Performing pulp vitality test after completing a |
training program that includes either didactic objectives |
or clinical skills and functions that demonstrate |
competency. |
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(3) Placing, carving, and finishing of amalgam |
restorations and placing, packing, and finishing composite |
restorations as allowed under Section 17. |
(4) Starting the flow of oxygen and monitoring of |
nitrous oxide-oxygen analgesia as allowed under Section |
17. |
(5) Coronal polishing and pit and fissure sealants as |
allowed under Section 17. |
All procedures listed in paragraphs (1) through (5) for |
dental assistants must be performed under the supervision of a |
dentist, requiring the dentist authorizes the procedure, |
remains in the dental facility while the procedure is |
performed, and approves the work performed by the dental |
assistant before dismissal of the patient, but the dentist is |
not required to be present at all times in the treatment room. |
After the completion of training as provided in subsection |
(b) of this Section, an expanded function dental assistant may |
perform any of the services listed in this subsection (a) |
pursuant to the limitations of this Act. |
(b) Certification and training as an expanded function |
dental assistant must be obtained from one of the following |
sources: (i) an approved continuing education sponsor; (ii) a |
dental assistant training program approved by the Commission on |
Dental Accreditation of the American Dental Association; or |
(iii) a training program approved by the Department. |
Training required under this subsection (b) must also |
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include Basic Life Support certification, as described in |
Section 16 of this Act. Proof of current certification shall be |
kept on file with the supervising dentist. |
(c) Any procedures listed in subsection (a) that are |
performed by an expanded function dental assistant must be |
approved by the supervising dentist and examined prior to |
dismissal of the patient. The supervising dentist shall be |
responsible for all dental services or procedures performed by |
the dental assistant. |
(d) Nothing in this Section shall be construed to alter the |
number of dental assistants that a dentist may supervise under |
paragraph (g) of Section 17 of this Act. |
(e) Nothing in this Act shall: (1) require a dental |
assistant to be certified as an expanded function dental |
assistant or (2) prevent a dentist from training dental |
assistants in accordance with the provisions of Section 17 or |
17.1 of this Act or rules pertaining to dental assistant |
duties.
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(Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19 .)
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(225 ILCS 25/18)
(from Ch. 111, par. 2318)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 18. Acts constituting the practice of dental hygiene;
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limitations. |
(a) A person practices dental hygiene within the meaning of |
this Act when
he or she performs the following acts under the |
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supervision of a dentist:
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(i) the operative procedure of dental hygiene, |
consisting of oral
prophylactic procedures;
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(ii) the exposure and processing of X-Ray films of the |
teeth and
surrounding structures;
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(iii) the application to the surfaces of the teeth or |
gums of chemical
compounds designed to be desensitizing |
agents or effective agents in the
prevention of dental |
caries or periodontal disease;
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(iv) all services which may be performed by a
dental |
assistant as specified by rule pursuant to Section 17, and |
a dental hygienist may engage in the placing, carving, and |
finishing of amalgam restorations only after obtaining |
formal education and certification as determined by the |
Department;
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(v) administration and monitoring of nitrous oxide |
upon successful
completion of a
training program approved |
by the Department;
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(vi) administration of local anesthetics upon |
successful completion of
a
training program approved by the |
Department; and
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(vii) such other procedures and acts as shall be |
prescribed
by
rule or regulation of the Department.
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(b) A dental hygienist may be employed or engaged only:
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(1) by a dentist;
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(2) by a federal, State, county, or municipal agency or |
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institution;
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(3) by a public or private school; or
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(4) by a public clinic operating under the direction of |
a hospital or
federal,
State, county, municipal, or other |
public agency or institution.
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(c) When employed or engaged in the office of a dentist, a |
dental hygienist
may
perform, under general supervision, those |
procedures found in items (i) through
(iv) of
subsection (a) of |
this Section, provided the patient has been examined by the
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dentist
within one year of the provision of dental hygiene |
services, the dentist has
approved the
dental hygiene services |
by a notation in the patient's record and the patient
has been
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notified that the dentist may be out of the office during the |
provision of
dental hygiene
services.
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(d) If a patient of record is unable to travel to a dental |
office because of
illness,
infirmity, or
imprisonment, a dental |
hygienist may perform, under the general supervision of
a |
dentist,
those procedures found in items (i) through (iv) of |
subsection (a) of this
Section,
provided the patient is located |
in a long-term care facility licensed by the
State of Illinois,
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a mental health or developmental disability facility, or a |
State or federal
prison. The dentist
shall personally examine |
and diagnose the patient and determine which
services are |
necessary to be performed, which shall be contained in an order |
to the hygienist and a notation in the patient's record.
Such |
order must be implemented within 120 days
of its issuance, and |
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an updated medical history and observation of oral
conditions
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must be performed by the hygienist immediately prior to |
beginning the
procedures to ensure that the patient's health |
has not changed in any
manner to warrant a reexamination by the |
dentist.
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(e) School-based oral health care,
consisting of and |
limited to oral prophylactic
procedures, sealants, and |
fluoride treatments,
may be provided by a dental hygienist
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under the general supervision of a dentist. A dental hygienist |
may not provide
other dental hygiene treatment in a |
school-based setting, including but not
limited to |
administration or monitoring of nitrous oxide or |
administration of
local anesthetics. The school-based |
procedures may be performed provided the
patient is located at |
a public or private school and the program is being
conducted |
by a State, county or local public health department initiative |
or in
conjunction with a dental school or dental hygiene |
program.
The dentist shall personally examine and diagnose the |
patient and
determine
which services are necessary to be |
performed, which shall be contained in an
order to the
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hygienist and a notation in the patient's record. Any such |
order for sealants must be implemented within 120 days after |
its issuance. Any such order for oral prophylactic procedures |
or fluoride treatments must be implemented within 180 days |
after its issuance. An updated medical history and observation |
of
oral conditions
must be
performed by the hygienist |
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immediately prior to beginning the procedures to
ensure that
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the patient's health has not changed in any manner to warrant a |
reexamination
by the
dentist.
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(f) Without the supervision of a dentist, a dental |
hygienist
may perform
dental health education functions and may |
record case histories and oral
conditions observed.
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(g) The number of dental hygienists practicing in a dental |
office shall
not
exceed, at any one time, 4 times the number of |
dentists practicing in the
office at the time.
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(h) A dental hygienist who is certified as a public health |
dental hygienist may provide services to patients: (1) who are |
eligible for Medicaid or (2) who are uninsured and whose |
household income is not greater than 200% of the federal |
poverty level. A public health dental hygienist may perform |
oral assessments, perform screenings, and provide educational |
and preventative services as provided in subsection (b) of |
Section 18.1 of this Act. The public health dental hygienist |
may not administer local anesthesia or nitrous oxide, or place, |
carve, or finish amalgam restorations or provide periodontal |
therapy under this exception. Each patient must sign a consent |
form that acknowledges that the care received does not take the |
place of a regular dental examination. The public health dental |
hygienist must provide the patient or guardian a written |
referral to a dentist for assessment of the need for further |
dental care at the time of treatment. Any indication or |
observation of a condition that could warrant the need for |
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urgent attention must be reported immediately to the |
supervising dentist for appropriate assessment and treatment. |
This subsection (h) is inoperative on and after January 1, |
2026 2021 . |
(i) A dental hygienist performing procedures listed in |
paragraphs (1) through (4) of subsection (a) of Section 17.1 |
must be under the supervision of a dentist, requiring the |
dentist authorizes the procedure, remains in the dental |
facility while the procedure is performed, and approves the |
work performed by the dental hygienist before dismissal of the |
patient, but the dentist is not required to be present at all |
times in the treatment room. |
(j) A dental hygienist may perform actions described in |
paragraph (5) of subsection (a) of Section 17.1 under the |
general supervision of a dentist as described in this Section. |
(Source: P.A. 99-492, eff. 12-31-15; 100-976, eff. 1-1-19 .)
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(225 ILCS 25/18.1) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 18.1. Public health dental supervision |
responsibilities. |
(a) When working together in a public health supervision |
relationship, dentists and public health dental hygienists |
shall enter into a public health supervision agreement. The |
dentist providing public health supervision must: |
(1) be available to provide an appropriate level of |
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contact, communication, collaboration, and consultation |
with the public health dental hygienist and must meet |
in-person with the public health dental hygienist at least |
quarterly for review and consultation; |
(2) have specific standing orders or policy guidelines |
for procedures that are to be carried out for each location |
or program, although the dentist need not be present when |
the procedures are being performed; |
(3) provide for the patient's additional necessary |
care in consultation with the public health dental |
hygienist; |
(4) file agreements and notifications as required; and |
(5) include procedures for creating and maintaining |
dental records, including protocols for transmission of |
all records between the public health dental hygienist and |
the dentist following each treatment, which shall include a |
notation regarding procedures authorized by the dentist |
and performed by the public health dental hygienist and the |
location where those records are to be kept. |
Each dentist and hygienist who enters into a public health |
supervision agreement must document and maintain a copy of any |
change or termination of that agreement. |
Dental records shall be owned and maintained by the |
supervising dentist for all patients treated under public |
health supervision, unless the supervising dentist is an |
employee of a public health clinic or federally qualified |
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health center, in which case the public health clinic or |
federally qualified health center shall maintain the records. |
If a dentist ceases to be employed or contracted by the |
facility, the dentist shall notify the facility administrator |
that the public health supervision agreement is no longer in |
effect. A new public health supervision agreement is required |
for the public health dental hygienist to continue treating |
patients under public health supervision. |
A dentist entering into an agreement under this Section may |
supervise and enter into agreements for public health |
supervision with 2 public health dental hygienists. This shall |
be in addition to the limit of 4 dental hygienists per dentist |
set forth in subsection (g) of Section 18 of this Act. |
(b) A public health dental hygienist providing services |
under public health supervision may perform only those duties |
within the accepted scope of practice of dental hygiene, as |
follows: |
(1) the operative procedures of dental hygiene, |
consisting of oral prophylactic procedures, including |
prophylactic cleanings, application of fluoride, and |
placement of sealants; |
(2) the exposure and processing of x-ray films of the |
teeth and surrounding structures; and |
(3) such other procedures and acts as shall be |
prescribed by rule of the Department. |
Any patient treated under this subsection (b) must be |
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examined by a dentist before additional services can be |
provided by a public health dental hygienist. However, if the |
supervising dentist, after consultation with the public health |
hygienist, determines that time is needed to complete an |
approved treatment plan on a patient eligible under this |
Section, then the dentist may instruct the hygienist to |
complete the remaining services prior to an oral examination by |
the dentist. Such instruction by the dentist to the hygienist |
shall be noted in the patient's records. Any services performed |
under this exception must be scheduled in a timely manner and |
shall not occur more than 30 days after the first appointment |
date. |
(c) A public health dental hygienist providing services |
under public health supervision must: |
(1) provide to the patient, parent, or guardian a |
written plan for referral or an agreement for follow-up |
that records all conditions observed that should be called |
to the attention of a dentist for proper diagnosis; |
(2) have each patient sign a permission slip or consent |
form that informs them that the service to be received does |
not take the place of regular dental checkups at a dental |
office and is meant for people who otherwise would not have |
access to the service; |
(3) inform each patient who may require further dental |
services of that need; |
(4) maintain an appropriate level of contact and |
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communication with the dentist providing public health |
supervision; and |
(5) complete an additional 4 hours of continuing |
education in areas specific to public health dentistry |
yearly. |
(d) Each public health dental hygienist who has rendered |
services under subsections (c), (d), and (e) of this Section |
must complete a summary report at the completion of a program |
or, in the case of an ongoing program, at least annually. The |
report must be completed in the manner specified by the |
Division of Oral Health in the Department of Public Health |
including information about each location where the public |
health dental hygienist has rendered these services. The public |
health dental hygienist must submit the form to the dentist |
providing supervision for his or her signature before sending |
it to the Division. |
(e) Public health dental hygienists providing services |
under public health supervision may be compensated for their |
work by salary, honoraria, and other mechanisms by the |
employing or sponsoring entity. Nothing in this Act shall |
preclude the entity that employs or sponsors a public health |
dental hygienist from seeking payment, reimbursement, or other |
source of funding for the services provided. |
(f) This Section is repealed on January 1, 2026 2021 .
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(Source: P.A. 99-492, eff. 12-31-15; 99-680, eff. 1-1-17 .)
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(225 ILCS 25/38.2) |
(Section scheduled to be repealed on January 1, 2026) |
Sec. 38.2. Death or incapacitation of dentist.
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(a) The executor or administrator of a dentist's estate or |
the legal guardian or authorized representative of a dentist |
who has become incapacitated may contract with another dentist |
or dentists to continue the operations of the deceased or |
incapacitated dentist's practice (if the practice of the |
deceased or incapacitated dentist is a sole proprietorship, a |
corporation where the deceased or incapacitated dentist is the |
sole shareholder, or a limited liability company where the |
deceased or incapacitated dentist is the sole member) for a |
period of no more than one year from the time of death or |
incapacitation of the dentist or until the practice is sold, |
whichever occurs first, if all the following conditions are |
met: |
(1) The executor, administrator, guardian, or |
authorized representative executes and files with the |
Department a notification of death or incapacitation on a |
form provided by the Department, which notification shall |
include the following: |
(A) the name and license number of the deceased or |
incapacitated dentist;
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(B) the name and address of the dental practice; |
(C) the name, address, and tax identification |
number of the estate; |
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(D) the name and license number of each dentist who |
will operate the dental practice; and |
(E) an affirmation, under penalty of perjury, that |
the information provided is true and correct and that |
the executor, administrator, guardian, or authorized |
representative understands that any interference by |
the executor, administrator, guardian, or authorized |
representative or any agent or assignee of the |
executor, administrator, guardian, or authorized |
representative with the contracting dentist's or |
dentists' practice of dentistry or professional |
judgment or any other violation of this Section is |
grounds for an immediate termination of the operations |
of the dental practice. |
(2) Within 30 days after the death or incapacitation of |
a dentist, the executor, administrator, guardian, or |
authorized representative shall send notification of the |
death or incapacitation by mail to the last known address |
of each patient of record that has seen the deceased or |
incapacitated dentist within the previous 12 months, with |
an explanation of how copies of the practitioner's records |
may be obtained. This notice may also contain any other |
relevant information concerning the continuation of the |
dental practice. |
Continuation of the operations of the dental practice of a |
deceased or incapacitated dentist shall not begin until the |
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provisions of this subsection (a) have been met. |
If the practice is not sold within the initial one-year |
period, the provision described in subsection (a) may be |
extended for additional 12-month periods by the Department. |
However, if the extension is approved, the extension shall not |
exceed 3 additional 12-month periods. Each extension must be |
granted prior to the expiration date of the prior extension and |
must be accompanied by a petition detailing the reasons for the |
extension that must be kept on file by the Department. |
(b) The Secretary may terminate the operations of a dental |
practice operating pursuant to this Section if the Department |
has evidence of a violation of this Section or Section 23 or 24 |
of this Act. The Secretary must conduct a hearing before |
terminating the operations of a dental practice operating |
pursuant to this Section. At least 15 days before the hearing |
date, the Department (i) must notify, in writing, the executor, |
administrator, guardian, or authorized representative at the |
address provided, pursuant to item (C) of subdivision (1) of |
subsection (a) of this Section, and to the contracting dentist |
or dentists at the address of the dental practice provided |
pursuant to item (B) of subdivision (1) of subsection (a) of |
this Section, of any charges made and of the time and place of |
the hearing on the charges before the Secretary or hearing |
officer, as provided in Section 30 of this Act, (ii) direct the |
executor, administrator, guardian, or authorized |
representative to file his or her written answer to such |
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charges with the Secretary under oath within 10 days after the |
service on the executor, administrator, guardian, or |
authorized representative of the notice, and (iii) inform the |
executor, administrator, guardian, or authorized |
representative that if he or she fails to file such answer, a |
default judgment will be entered against him or her and the |
operations of the dental practice shall be terminated.
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(c) If the Secretary finds that evidence in his or her |
possession indicates that a violation of this Section or |
Section 23 or 24 of this Act constitutes an immediate threat to |
the public health, safety, or welfare, the Secretary may |
immediately terminate the operations of the dental practice |
without a hearing. Upon service by certified mail to the |
executor, administrator, guardian, or authorized |
representative, at the address provided pursuant to item (C) of |
subdivision (1) of subsection (a) of this Section, and the |
contracting dentist or dentists, at the address of the dental |
practice provided pursuant to item (B) of subdivision (1) of |
subsection (a) of this Section, of notice of an order |
immediately terminating the operations of the dental practice, |
the executor, administrator, guardian, or authorized |
representative may petition the Department within 30 days for a |
hearing to take place within 30 days after the petition is |
filed. |
(d) The Department may require, by rule, the submission to |
the Department of any additional information necessary for the |
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administration of this Section.
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(Source: P.A. 94-1028, eff. 1-1-07 .)
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(225 ILCS 25/54.3) |
(Section scheduled to be repealed on January 1, 2020) |
Sec. 54.3. Vaccinations. |
(a) Notwithstanding Section 54.2 of this Act, a dentist may |
administer vaccinations upon completion of appropriate |
training set forth by rule and approved by the Department on |
appropriate vaccine storage, proper administration, and |
addressing contraindications and adverse reactions. |
Vaccinations shall be limited to patients 18 years of age and |
older pursuant to a valid prescription or standing order by a |
physician licensed to practice medicine in all its branches |
who, in the course of professional practice, administers |
vaccines to patients. Methods of communication shall be |
established for consultation with the physician in person or by |
telecommunications. |
(b) Vaccinations administered by a dentist shall be limited |
to influenza (inactivated influenza vaccine and live |
attenuated influenza intranasal vaccine). Vaccines shall only |
be administered by the dentist and shall not be delegated to an |
assistant or any other person. Vaccination of a patient by a |
dentist shall be documented in the patient's dental record and |
the record shall be retained in accordance with current dental |
recordkeeping standards. The dentist shall notify the |
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patient's primary care physician of each dose of vaccine |
administered to the patient and shall enter all patient level |
data or update the patient's current record. The dentist may |
provide this notice to the patient's physician electronically. |
In addition, the dentist shall enter all patient level data on |
vaccines administered in the immunization data registry |
maintained by the Department of Public Health. |
(c) A dentist shall only provide vaccinations under this |
Section if contracted with and credentialed by the patient's |
health insurance, health maintenance organization, or other |
health plan to specifically provide the vaccinations allowed |
under this Section. Persons enrolled in Medicare or Medicaid |
may only receive the vaccinations allowed for under this |
Section from dentists who are authorized to do so by the |
federal Centers for Medicare and Medicaid Services or the |
Department of Healthcare and Family Services. |
(d) The Department shall adopt any rules necessary to |
implement this Section. |
(e) This Section is repealed on January 1, 2026 2020 .
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(Source: P.A. 98-665, eff. 6-23-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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INDEX
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Statutes amended in order of appearance
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