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| | SB2822 Engrossed | | LRB103 36437 AWJ 66539 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Dental Practice Act is amended by |
5 | | changing Sections 4, 8.1, 17, 19.2, and 45 as follows:
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6 | | (225 ILCS 25/4) |
7 | | (Section scheduled to be repealed on January 1, 2026) |
8 | | Sec. 4. Definitions. As used in this Act: |
9 | | "Address of record" means the designated address recorded |
10 | | by the Department in the applicant's or licensee's application |
11 | | file or license file as maintained by the Department's |
12 | | licensure maintenance unit. It is the duty of the applicant or |
13 | | licensee to inform the Department of any change of address and |
14 | | those changes must be made either through the Department's |
15 | | website or by contacting the Department. |
16 | | "Department" means the Department of Financial and |
17 | | Professional Regulation. |
18 | | "Secretary" means the Secretary of Financial and |
19 | | Professional Regulation. |
20 | | "Board" means the Board of Dentistry. |
21 | | "Dentist" means a person who has received a general |
22 | | license pursuant to paragraph (a) of Section 11 of this Act and |
23 | | who may perform any intraoral and extraoral procedure required |
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1 | | in the practice of dentistry and to whom is reserved the |
2 | | responsibilities specified in Section 17. |
3 | | "Dental hygienist" means a person who holds a license |
4 | | under this Act to perform dental services as authorized by |
5 | | Section 18. |
6 | | "Dental assistant" means an appropriately trained person |
7 | | who, under the supervision of a dentist, provides dental |
8 | | services as authorized by Section 17. |
9 | | "Expanded function dental assistant" means a dental |
10 | | assistant who has completed the training required by Section |
11 | | 17.1 of this Act. |
12 | | "Dental laboratory" means a person, firm, or corporation |
13 | | which: |
14 | | (i) engages in making, providing, repairing, or |
15 | | altering dental prosthetic appliances and other artificial |
16 | | materials and devices which are returned to a dentist for |
17 | | insertion into the human oral cavity or which come in |
18 | | contact with its adjacent structures and tissues; and |
19 | | (ii) utilizes or employs a dental technician to |
20 | | provide such services; and |
21 | | (iii) performs such functions only for a dentist or |
22 | | dentists. |
23 | | "Supervision" means supervision of a dental hygienist or a |
24 | | dental assistant requiring that a dentist authorize the |
25 | | procedure, remain in the dental facility while the procedure |
26 | | is performed, and approve the work performed by the dental |
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1 | | hygienist or dental assistant before dismissal of the patient, |
2 | | but does not mean that the dentist must be present at all times |
3 | | in the treatment room. |
4 | | "General supervision" means supervision of a dental |
5 | | hygienist requiring that the patient be a patient of record, |
6 | | that the dentist examine the patient in accordance with |
7 | | Section 18 prior to treatment by the dental hygienist, and |
8 | | that the dentist authorize the procedures which are being |
9 | | carried out by a notation in the patient's record, but not |
10 | | requiring that a dentist be present when the authorized |
11 | | procedures are being performed. The issuance of a prescription |
12 | | to a dental laboratory by a dentist does not constitute |
13 | | general supervision. |
14 | | "Public member" means a person who is not a health |
15 | | professional. For purposes of board membership, any person |
16 | | with a significant financial interest in a health service or |
17 | | profession is not a public member. |
18 | | "Dentistry" means the healing art which is concerned with |
19 | | the examination, diagnosis, treatment planning, and care of |
20 | | conditions within the human oral cavity and its adjacent |
21 | | tissues and structures, as further specified in Section 17. |
22 | | "Branches of dentistry" means the various specialties of |
23 | | dentistry which, for purposes of this Act, shall be limited to |
24 | | the following: endodontics, oral and maxillofacial surgery, |
25 | | orthodontics and dentofacial orthopedics, pediatric dentistry, |
26 | | periodontics, prosthodontics, oral and maxillofacial |
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1 | | radiology, and dental anesthesiology. |
2 | | "Specialist" means a dentist who has received a specialty |
3 | | license pursuant to Section 11(b). |
4 | | "Dental technician" means a person who owns, operates, or |
5 | | is employed by a dental laboratory and engages in making, |
6 | | providing, repairing, or altering dental prosthetic appliances |
7 | | and other artificial materials and devices which are returned |
8 | | to a dentist for insertion into the human oral cavity or which |
9 | | come in contact with its adjacent structures and tissues. |
10 | | "Impaired dentist" or "impaired dental hygienist" means a |
11 | | dentist or dental hygienist who is unable to practice with |
12 | | reasonable skill and safety because of a physical or mental |
13 | | disability as evidenced by a written determination or written |
14 | | consent based on clinical evidence, including deterioration |
15 | | through the aging process, loss of motor skills, abuse of |
16 | | drugs or alcohol, or a psychiatric disorder, of sufficient |
17 | | degree to diminish the person's ability to deliver competent |
18 | | patient care. |
19 | | "Nurse" means a registered professional nurse, a certified |
20 | | registered nurse anesthetist licensed as an advanced practice |
21 | | registered nurse, or a licensed practical nurse licensed under |
22 | | the Nurse Practice Act. |
23 | | "Patient of record" means a patient for whom the patient's |
24 | | most recent dentist has obtained a relevant medical and dental |
25 | | history and on whom the dentist has performed an examination |
26 | | and evaluated the condition to be treated. |
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1 | | "Dental responder" means a dentist or dental hygienist who |
2 | | is appropriately certified in disaster preparedness, |
3 | | immunizations, and dental humanitarian medical response |
4 | | consistent with the Society of Disaster Medicine and Public |
5 | | Health and training certified by the National Incident |
6 | | Management System or the National Disaster Life Support |
7 | | Foundation. |
8 | | "Mobile dental van or portable dental unit" means any |
9 | | self-contained or portable dental unit in which dentistry is |
10 | | practiced that can be moved, towed, or transported from one |
11 | | location to another in order to establish a location where |
12 | | dental services can be provided. |
13 | | "Public health dental hygienist" means a hygienist who |
14 | | holds a valid license to practice in the State, has 2 years of |
15 | | full-time clinical experience or an equivalent of 4,000 hours |
16 | | of clinical experience, and has completed at least 42 clock |
17 | | hours of additional structured courses in dental education in |
18 | | advanced areas specific to public health dentistry. |
19 | | "Public health setting" means a federally qualified health |
20 | | center; a federal, State, or local public health facility; |
21 | | Head Start; a special supplemental nutrition program for |
22 | | Women, Infants, and Children (WIC) facility; a certified |
23 | | school-based health center or school-based oral health |
24 | | program; a prison; or a long-term care facility. |
25 | | "Public health supervision" means the supervision of a |
26 | | public health dental hygienist by a licensed dentist who has a |
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1 | | written public health supervision agreement with that public |
2 | | health dental hygienist while working in an approved facility |
3 | | or program that allows the public health dental hygienist to |
4 | | treat patients, without a dentist first examining the patient |
5 | | and being present in the facility during treatment, (1) who |
6 | | are eligible for Medicaid or (2) who are uninsured or whose |
7 | | household income is not greater than 300% of the federal |
8 | | poverty level. |
9 | | "Teledentistry" means the use of telehealth systems and |
10 | | methodologies in dentistry and includes patient care and |
11 | | education delivery using synchronous and asynchronous |
12 | | communications under a dentist's authority as provided under |
13 | | this Act. |
14 | | "Moderate sedation" means a drug-induced depression of |
15 | | consciousness during which: (1) patients respond purposefully |
16 | | to verbal commands, either alone or accompanied by light |
17 | | tactile stimulation; (2) no interventions are required to |
18 | | maintain a patient's airway and spontaneous ventilation is |
19 | | adequate; and (3) cardiovascular function is usually |
20 | | maintained. |
21 | | "Deep sedation" means a drug-induced depression of |
22 | | consciousness during which: (1) patients cannot be easily |
23 | | aroused, but respond purposefully following repeated or |
24 | | painful stimulation; (2) the ability to independently maintain |
25 | | ventilatory function may be impaired; (3) patients may require |
26 | | assistance in maintaining airways and spontaneous ventilation |
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1 | | may be inadequate; and (4) cardiovascular function is usually |
2 | | maintained. |
3 | | "General anesthesia" means a drug-induced loss of |
4 | | consciousness during which: (1) patients are not arousable, |
5 | | even by painful stimulation; (2) the ability to independently |
6 | | maintain ventilatory function is often impaired; (3) patients |
7 | | often require assistance in maintaining airways and positive |
8 | | pressure ventilation may be required because of depressed |
9 | | spontaneous ventilation or drug-induced depression of |
10 | | neuromuscular function; and (4) cardiovascular function may be |
11 | | impaired. |
12 | | "Venipuncture" means the puncture of a vein as part of a |
13 | | medical procedure, typically to withdraw a blood sample or for |
14 | | an intravenous catheter for the administration of medication |
15 | | or fluids. |
16 | | "Enteral route of administration" means administration of |
17 | | a drug that is absorbed through the gastrointestinal tract or |
18 | | through oral, rectal, or sublingual mucosa. |
19 | | "Parenteral route of administration" means administration |
20 | | of a drug by which the drug bypasses the gastrointestinal |
21 | | tract through intramuscular, intravenous, intranasal, |
22 | | submucosal, subcutaneous, or intraosseous methods. |
23 | | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; |
24 | | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. |
25 | | 1-1-24; revised 12-15-23.)
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1 | | (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1) |
2 | | (Section scheduled to be repealed on January 1, 2026) |
3 | | Sec. 8.1. Permit for the administration of anesthesia and |
4 | | sedation. |
5 | | (a) No licensed dentist shall administer general |
6 | | anesthesia, deep sedation, or moderate conscious sedation |
7 | | without first applying for and obtaining a permit for such |
8 | | purpose from the Department. The Department shall issue such |
9 | | permit only after ascertaining that the applicant possesses |
10 | | the minimum qualifications necessary to protect public safety. |
11 | | A person with a dental degree who administers anesthesia, deep |
12 | | sedation, or moderate conscious sedation in an approved |
13 | | hospital training program under the supervision of either a |
14 | | licensed dentist holding such permit or a physician licensed |
15 | | to practice medicine in all its branches shall not be required |
16 | | to obtain such permit. |
17 | | (b) The minimum requirements for a permit to administer |
18 | | moderate sedation issued after the effective date of this |
19 | | amendatory Act of the 103rd General Assembly shall include the |
20 | | completion of a minimum of 75 hours of didactic and supervised |
21 | | clinical study in either: |
22 | | (1) an American Dental Association Commission on |
23 | | Dental Accreditation accredited dental specialty program, |
24 | | general practice residency, or advanced education in |
25 | | general dentistry residency that includes training and |
26 | | documentation in moderate sedation techniques appropriate |
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1 | | for each specialty or an American Dental Association |
2 | | Commission on Dental Accreditation accredited dental |
3 | | anesthesiology residency program and proof of completion |
4 | | of 20 individually managed patients utilizing appropriate |
5 | | routes of administration, in which the applicant is the |
6 | | sole provider, which can include, but are not limited to, |
7 | | intravenous, oral, intranasal, or intramuscular or |
8 | | combinations thereof; or |
9 | | (2) a structured course of study provided by an |
10 | | approved continuing education provider that includes |
11 | | training and documentation in moderate sedation, physical |
12 | | evaluation, venipuncture, advanced airway management, |
13 | | technical administration, recognition and management of |
14 | | complications and emergencies and monitoring with |
15 | | additional supervised experience and documentation |
16 | | demonstrating competence in providing moderate sedation |
17 | | utilizing enteral and parenteral routes of administration |
18 | | of medications to competency to 20 individual patient |
19 | | experiences on a 1 to 1 ratio with an instructor, in which |
20 | | the applicant is the sole provider of sedation over a |
21 | | continuous time frame as set by the Department and as |
22 | | provided in the American Dental Association's Guidelines |
23 | | for Teaching Pain Control and Sedation to Dentists and |
24 | | Dental Students. |
25 | | (b-5) The minimum requirements for a permit to administer |
26 | | deep sedation and general anesthesia issued after the |
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1 | | effective date of this amendatory Act of the 103rd General |
2 | | Assembly shall include: |
3 | | (1) the completion of a minimum of 2 years of advanced |
4 | | training in anesthesiology beyond the pre-doctoral level |
5 | | in a training program approved by the American Dental |
6 | | Association's Council on Dental Education and Licensure, |
7 | | as outlined in Guidelines for Teaching Pain Control and |
8 | | Sedation to Dentists and Dental Students, as published by |
9 | | the American Dental Association's Council on Dental |
10 | | Education and Licensure; |
11 | | (2) a specialty license in oral and maxillofacial |
12 | | surgery; |
13 | | (3) completion of an accredited oral or maxillofacial |
14 | | surgery residency program; or |
15 | | (4) the completion of an American Dental Association |
16 | | Commission on Dental Accreditation accredited dental |
17 | | anesthesiology residency program. |
18 | | (b-10) The Department may establish, by rule, additional |
19 | | training programs and training requirements consistent with |
20 | | this Section to ensure patient safety in dental offices |
21 | | administering anesthesia, which shall include, but not be |
22 | | limited to the following In determining the minimum permit |
23 | | qualifications that are necessary to protect public safety, |
24 | | the Department, by rule, shall : |
25 | | (1) (blank); establish the minimum educational and |
26 | | training requirements necessary for a dentist to be issued |
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1 | | an appropriate permit; |
2 | | (2) establish the standards for properly equipped |
3 | | dental facilities (other than licensed hospitals and |
4 | | ambulatory surgical treatment centers) in which general |
5 | | anesthesia, deep sedation, or moderate conscious sedation |
6 | | is administered, as necessary to protect public safety; |
7 | | (3) establish minimum requirements for all persons who |
8 | | assist the dentist in the administration of general |
9 | | anesthesia, deep sedation, or moderate conscious sedation, |
10 | | including minimum training requirements for each member of |
11 | | the dental team, monitoring requirements, recordkeeping |
12 | | requirements, and emergency procedures; |
13 | | (4) ensure that the dentist has completed and |
14 | | maintains current certification in advanced cardiac life |
15 | | support or pediatric advanced life support and all persons |
16 | | assisting the dentist or monitoring the administration of |
17 | | general anesthesia, deep sedation, or moderate conscious |
18 | | sedation maintain current certification in Basic Life |
19 | | Support (BLS); and |
20 | | (5) establish continuing education requirements in |
21 | | sedation techniques and airway management for dentists who |
22 | | possess a permit under this Section. |
23 | | The Department shall adopt rules that ensure that a |
24 | | continuing education course designed to meet the permit |
25 | | requirements for moderate sedation training is reviewed and |
26 | | certified by the Department if the course is not accredited by |
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1 | | the American Dental Association Commission on Dental |
2 | | Accreditation. |
3 | | When establishing requirements under this Section, the |
4 | | Department shall consider the current American Dental |
5 | | Association guidelines on sedation and general anesthesia, the |
6 | | current "Guidelines for Monitoring and Management of Pediatric |
7 | | Patients During and After Sedation for Diagnostic and |
8 | | Therapeutic Procedures" established by the American Academy of |
9 | | Pediatrics and the American Academy of Pediatric Dentistry, |
10 | | and the current parameters of care and Office Anesthesia |
11 | | Evaluation (OAE) Manual established by the American |
12 | | Association of Oral and Maxillofacial Surgeons. |
13 | | (c) A licensed dentist must hold an appropriate permit |
14 | | issued under this Section in order to perform dentistry while |
15 | | a nurse anesthetist administers moderate conscious sedation, |
16 | | and a valid written collaborative agreement must exist between |
17 | | the dentist and the nurse anesthetist, in accordance with the |
18 | | Nurse Practice Act. |
19 | | A licensed dentist must hold an appropriate permit issued |
20 | | under this Section in order to perform dentistry while a nurse |
21 | | anesthetist administers deep sedation or general anesthesia, |
22 | | and a valid written collaborative agreement must exist between |
23 | | the dentist and the nurse anesthetist, in accordance with the |
24 | | Nurse Practice Act. |
25 | | For the purposes of this subsection (c), "nurse |
26 | | anesthetist" means a licensed certified registered nurse |
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1 | | anesthetist who holds a license as an advanced practice |
2 | | registered nurse. |
3 | | (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; |
4 | | 101-162, eff. 7-26-19.)
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5 | | (225 ILCS 25/17) |
6 | | (Section scheduled to be repealed on January 1, 2026) |
7 | | Sec. 17. Acts constituting the practice of dentistry. A |
8 | | person practices dentistry, within the meaning of this Act: |
9 | | (1) Who represents himself or herself as being able to |
10 | | diagnose or diagnoses, treats, prescribes, or operates for |
11 | | any disease, pain, deformity, deficiency, injury, or |
12 | | physical condition of the human tooth, teeth, alveolar |
13 | | process, gums, or jaw; or |
14 | | (2) Who is a manager, proprietor, operator, or |
15 | | conductor of a business where dental operations are |
16 | | performed; or |
17 | | (3) Who performs dental operations of any kind; or |
18 | | (4) Who uses an X-Ray machine or X-Ray films for |
19 | | dental diagnostic purposes; or |
20 | | (5) Who extracts a human tooth or teeth, or corrects |
21 | | or attempts to correct malpositions of the human teeth or |
22 | | jaws; or |
23 | | (6) Who offers or undertakes, by any means or method, |
24 | | to diagnose, treat, or remove stains, calculus, and |
25 | | bonding materials from human teeth or jaws; or |
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1 | | (7) Who uses or administers local or general |
2 | | anesthetics in the treatment of dental or oral diseases or |
3 | | in any preparation incident to a dental operation of any |
4 | | kind or character; or |
5 | | (8) Who takes material or digital scans for final |
6 | | impressions of the human tooth, teeth, or jaws or performs |
7 | | any phase of any operation incident to the replacement of |
8 | | a part of a tooth, a tooth, teeth, or associated tissues by |
9 | | means of a filling, a crown, a bridge, a denture, or other |
10 | | appliance; or |
11 | | (9) Who offers to furnish, supply, construct, |
12 | | reproduce, or repair, or who furnishes, supplies, |
13 | | constructs, reproduces, or repairs, prosthetic dentures, |
14 | | bridges, or other substitutes for natural teeth , to the |
15 | | user or prospective user thereof; or |
16 | | (10) Who instructs students on clinical matters or |
17 | | performs any clinical operation included in the curricula |
18 | | of recognized dental schools and colleges; or |
19 | | (11) Who takes material or digital scans for final |
20 | | impressions of human teeth or places his or her hands in |
21 | | the mouth of any person for the purpose of applying teeth |
22 | | whitening materials, or who takes impressions of human |
23 | | teeth or places his or her hands in the mouth of any person |
24 | | for the purpose of assisting in the application of teeth |
25 | | whitening materials. A person does not practice dentistry |
26 | | when he or she discloses to the consumer that he or she is |
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1 | | not licensed as a dentist under this Act and (i) discusses |
2 | | the use of teeth whitening materials with a consumer |
3 | | purchasing these materials; (ii) provides instruction on |
4 | | the use of teeth whitening materials with a consumer |
5 | | purchasing these materials; or (iii) provides appropriate |
6 | | equipment on-site to the consumer for the consumer to |
7 | | self-apply teeth whitening materials. |
8 | | The fact that any person engages in or performs, or offers |
9 | | to engage in or perform, any of the practices, acts, or |
10 | | operations set forth in this Section, shall be prima facie |
11 | | evidence that such person is engaged in the practice of |
12 | | dentistry. |
13 | | The following practices, acts, and operations, however, |
14 | | are exempt from the operation of this Act: |
15 | | (a) The rendering of dental relief in emergency cases |
16 | | in the practice of his or her profession by a physician or |
17 | | surgeon, licensed as such under the laws of this State, |
18 | | unless he or she undertakes to reproduce or reproduces |
19 | | lost parts of the human teeth in the mouth or to restore or |
20 | | replace lost or missing teeth in the mouth; or |
21 | | (b) The practice of dentistry in the discharge of |
22 | | their official duties by dentists in any branch of the |
23 | | Armed Services of the United States, the United States |
24 | | Public Health Service, or the United States Veterans |
25 | | Administration; or |
26 | | (c) The practice of dentistry by students in their |
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1 | | course of study in dental schools or colleges approved by |
2 | | the Department, when acting under the direction and |
3 | | supervision of dentists acting as instructors; or |
4 | | (d) The practice of dentistry by clinical instructors |
5 | | in the course of their teaching duties in dental schools |
6 | | or colleges approved by the Department: |
7 | | (i) when acting under the direction and |
8 | | supervision of dentists, provided that such clinical |
9 | | instructors have instructed continuously in this State |
10 | | since January 1, 1986; or |
11 | | (ii) when holding the rank of full professor at |
12 | | such approved dental school or college and possessing |
13 | | a current valid license or authorization to practice |
14 | | dentistry in another country; or |
15 | | (e) The practice of dentistry by licensed dentists of |
16 | | other states or countries at meetings of the Illinois |
17 | | State Dental Society or component parts thereof, alumni |
18 | | meetings of dental colleges, or any other like dental |
19 | | organizations, while appearing as clinicians; or |
20 | | (f) The use of X-Ray machines for exposing X-Ray films |
21 | | of dental or oral tissues by dental hygienists or dental |
22 | | assistants; or |
23 | | (g) The performance of any dental service by a dental |
24 | | assistant, if such service is performed under the |
25 | | supervision and full responsibility of a dentist. In |
26 | | addition, after being authorized by a dentist, a dental |
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1 | | assistant may, for the purpose of eliminating pain or |
2 | | discomfort, remove loose, broken, or irritating |
3 | | orthodontic appliances on a patient of record. |
4 | | For purposes of this paragraph (g), "dental service" |
5 | | is defined to mean any intraoral procedure or act which |
6 | | shall be prescribed by rule or regulation of the |
7 | | Department. "Dental service", however, shall not include: |
8 | | (1) Any and all diagnosis of or prescription for |
9 | | treatment of disease, pain, deformity, deficiency, |
10 | | injury, or physical condition of the human teeth or |
11 | | jaws, or adjacent structures. |
12 | | (2) Removal of, restoration of, or addition to the |
13 | | hard or soft tissues of the oral cavity, except for the |
14 | | placing, carving, and finishing of amalgam |
15 | | restorations and placing, packing, and finishing |
16 | | composite restorations by dental assistants who have |
17 | | had additional formal education and certification. |
18 | | A dental assistant may place, carve, and finish |
19 | | amalgam restorations, place, pack, and finish |
20 | | composite restorations, and place interim restorations |
21 | | if he or she (A) has successfully completed a |
22 | | structured training program as described in item (2) |
23 | | of subsection (g) provided by an educational |
24 | | institution accredited by the Commission on Dental |
25 | | Accreditation, such as a dental school or dental |
26 | | hygiene or dental assistant program, or (B) has at |
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1 | | least 4,000 hours of direct clinical patient care |
2 | | experience and has successfully completed a structured |
3 | | training program as described in item (2) of |
4 | | subsection (g) provided by a statewide dental |
5 | | association, approved by the Department to provide |
6 | | continuing education, that has developed and conducted |
7 | | training programs for expanded functions for dental |
8 | | assistants or hygienists. The training program must: |
9 | | (i) include a minimum of 16 hours of didactic study and |
10 | | 14 hours of clinical manikin instruction; all training |
11 | | programs shall include areas of study in nomenclature, |
12 | | caries classifications, oral anatomy, periodontium, |
13 | | basic occlusion, instrumentations, pulp protection |
14 | | liners and bases, dental materials, matrix and wedge |
15 | | techniques, amalgam placement and carving, rubber dam |
16 | | clamp placement, and rubber dam placement and removal; |
17 | | (ii) include an outcome assessment examination that |
18 | | demonstrates competency; (iii) require the supervising |
19 | | dentist to observe and approve the completion of 8 |
20 | | amalgam or composite restorations; and (iv) issue a |
21 | | certificate of completion of the training program, |
22 | | which must be kept on file at the dental office and be |
23 | | made available to the Department upon request. A |
24 | | dental assistant must have successfully completed an |
25 | | approved coronal polishing and dental sealant course |
26 | | prior to taking the amalgam and composite restoration |
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1 | | course. |
2 | | A dentist utilizing dental assistants shall not |
3 | | supervise more than 4 dental assistants at any one |
4 | | time for placing, carving, and finishing of amalgam |
5 | | restorations or for placing, packing, and finishing |
6 | | composite restorations. |
7 | | (3) Any and all correction of malformation of |
8 | | teeth or of the jaws. |
9 | | (4) Administration of anesthetics, except for |
10 | | monitoring of nitrous oxide, moderate conscious |
11 | | sedation, deep sedation, and general anesthetic as |
12 | | provided in Section 8.1 of this Act, that may be |
13 | | performed only after successful completion of a |
14 | | training program approved by the Department. A dentist |
15 | | utilizing dental assistants shall not supervise more |
16 | | than 4 dental assistants at any one time for the |
17 | | monitoring of nitrous oxide. |
18 | | (5) Removal of calculus from human teeth. |
19 | | (6) Taking of material or digital scans for final |
20 | | impressions for the fabrication of prosthetic |
21 | | appliances, crowns, bridges, inlays, onlays, or other |
22 | | restorative or replacement dentistry. |
23 | | (7) The operative procedure of dental hygiene |
24 | | consisting of oral prophylactic procedures, except for |
25 | | coronal polishing and pit and fissure sealants, which |
26 | | may be performed by a dental assistant who has |
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1 | | successfully completed a training program approved by |
2 | | the Department. Dental assistants may perform coronal |
3 | | polishing under the following circumstances: (i) the |
4 | | coronal polishing shall be limited to polishing the |
5 | | clinical crown of the tooth and existing restorations, |
6 | | supragingivally; (ii) the dental assistant performing |
7 | | the coronal polishing shall be limited to the use of |
8 | | rotary instruments using a rubber cup or brush |
9 | | polishing method (air polishing is not permitted); and |
10 | | (iii) the supervising dentist shall not supervise more |
11 | | than 4 dental assistants at any one time for the task |
12 | | of coronal polishing or pit and fissure sealants. |
13 | | In addition to coronal polishing and pit and |
14 | | fissure sealants as described in this item (7), a |
15 | | dental assistant who has at least 2,000 hours of |
16 | | direct clinical patient care experience and who has |
17 | | successfully completed a structured training program |
18 | | provided by (1) an educational institution including, |
19 | | but not limited to, a dental school or dental hygiene |
20 | | or dental assistant program, (2) a continuing |
21 | | education provider approved by the Department, or (3) |
22 | | a statewide dental or dental hygienist association |
23 | | that has developed and conducted a training program |
24 | | for expanded functions for dental assistants or |
25 | | hygienists may perform: (A) coronal scaling above the |
26 | | gum line, supragingivally, on the clinical crown of |
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1 | | the tooth only on patients 17 years of age or younger |
2 | | who have an absence of periodontal disease and who are |
3 | | not medically compromised or individuals with special |
4 | | needs and (B) intracoronal temporization of a tooth. |
5 | | The training program must: (I) include a minimum of 32 |
6 | | hours of instruction in both didactic and clinical |
7 | | manikin or human subject instruction; all training |
8 | | programs shall include areas of study in dental |
9 | | anatomy, public health dentistry, medical history, |
10 | | dental emergencies, and managing the pediatric |
11 | | patient; (II) include an outcome assessment |
12 | | examination that demonstrates competency; (III) |
13 | | require the supervising dentist to observe and approve |
14 | | the completion of 6 full mouth supragingival scaling |
15 | | procedures unless the training was received as part of |
16 | | a Commission on Dental Accreditation approved dental |
17 | | assistant program; and (IV) issue a certificate of |
18 | | completion of the training program, which must be kept |
19 | | on file at the dental office and be made available to |
20 | | the Department upon request. A dental assistant must |
21 | | have successfully completed an approved coronal |
22 | | polishing course prior to taking the coronal scaling |
23 | | course. A dental assistant performing these functions |
24 | | shall be limited to the use of hand instruments only. |
25 | | In addition, coronal scaling as described in this |
26 | | paragraph shall only be utilized on patients who are |
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1 | | eligible for Medicaid, who are uninsured, or whose |
2 | | household income is not greater than 300% of the |
3 | | federal poverty level. A dentist may not supervise |
4 | | more than 2 dental assistants at any one time for the |
5 | | task of coronal scaling. This paragraph is inoperative |
6 | | on and after January 1, 2026. |
7 | | The limitations on the number of dental assistants a |
8 | | dentist may supervise contained in items (2), (4), and (7) |
9 | | of this paragraph (g) mean a limit of 4 total dental |
10 | | assistants or dental hygienists doing expanded functions |
11 | | covered by these Sections being supervised by one dentist; |
12 | | or |
13 | | (h) The practice of dentistry by an individual who: |
14 | | (i) has applied in writing to the Department, in |
15 | | form and substance satisfactory to the Department, for |
16 | | a general dental license and has complied with all |
17 | | provisions of Section 9 of this Act, except for the |
18 | | passage of the examination specified in subsection (e) |
19 | | of Section 9 of this Act; or |
20 | | (ii) has applied in writing to the Department, in |
21 | | form and substance satisfactory to the Department, for |
22 | | a temporary dental license and has complied with all |
23 | | provisions of subsection (c) of Section 11 of this |
24 | | Act; and |
25 | | (iii) has been accepted or appointed for specialty |
26 | | or residency training by a hospital situated in this |
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1 | | State; or |
2 | | (iv) has been accepted or appointed for specialty |
3 | | training in an approved dental program situated in |
4 | | this State; or |
5 | | (v) has been accepted or appointed for specialty |
6 | | training in a dental public health agency situated in |
7 | | this State. |
8 | | The applicant shall be permitted to practice dentistry |
9 | | for a period of 3 months from the starting date of the |
10 | | program, unless authorized in writing by the Department to |
11 | | continue such practice for a period specified in writing |
12 | | by the Department. |
13 | | The applicant shall only be entitled to perform such |
14 | | acts as may be prescribed by and incidental to his or her |
15 | | program of residency or specialty training and shall not |
16 | | otherwise engage in the practice of dentistry in this |
17 | | State. |
18 | | The authority to practice shall terminate immediately |
19 | | upon: |
20 | | (1) the decision of the Department that the |
21 | | applicant has failed the examination; or |
22 | | (2) denial of licensure by the Department; or |
23 | | (3) withdrawal of the application. |
24 | | (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; |
25 | | 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
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1 | | (225 ILCS 25/19.2) |
2 | | (Section scheduled to be repealed on January 1, 2026) |
3 | | Sec. 19.2. Temporary permit for free dental care. |
4 | | (a) Upon Board recommendation, the Department may issue a |
5 | | temporary permit authorizing the practice in this State, |
6 | | without compensation, of dentistry to an applicant who is |
7 | | licensed to practice dentistry in another state, if all of the |
8 | | following apply: |
9 | | (1) the Department determines that the applicant's |
10 | | services will improve the welfare of Illinois residents |
11 | | who are eligible for Medicaid or who are uninsured and |
12 | | whose household income is not greater than 200% of the |
13 | | federal poverty level; |
14 | | (2) the applicant has graduated from a dental program |
15 | | approved by the American Dental Association's Commission |
16 | | on Dental Accreditation and maintains an equivalent |
17 | | authorization to practice dentistry in good standing in |
18 | | his or her native licensing jurisdiction during the period |
19 | | of the temporary visiting dentist permit and can furnish |
20 | | the Department a certified letter upon request from that |
21 | | jurisdiction attesting to the fact that the applicant has |
22 | | no pending action or violations against his or her |
23 | | license; |
24 | | (3) the applicant has received an invitation to |
25 | | perform dental care by a charitable organization or has |
26 | | received an invitation to study or receive training on |
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1 | | specific dental or clinical subjects or techniques by a |
2 | | licensed continuing education sponsor who is approved by |
3 | | the Department to provide clinical training in the State |
4 | | of Illinois on patients for the welfare of Illinois |
5 | | residents pursuant to subsection (a-5) and is in |
6 | | compliance with the provisions of this Act; |
7 | | (4) the applicant will be working pursuant to a |
8 | | collaborative agreement with and under the direct |
9 | | supervision of an Illinois licensed dentist, who is in |
10 | | good standing, during the duration of the program. The |
11 | | supervising dentist must be physically present during all |
12 | | clinical training courses; and |
13 | | (5) payment of a fee established by rule. |
14 | | The Department may adopt rules to implement this |
15 | | subsection. |
16 | | (a-5) Upon Board recommendation, after the filing of an |
17 | | application, the Department may allow approved continuing |
18 | | education sponsors to be licensed to provide live patient |
19 | | continuing education clinical training courses if the |
20 | | following requirements are met: |
21 | | (1) the continuing education course provides services, |
22 | | without compensation, that will improve the welfare of |
23 | | Illinois residents as described in paragraph (1) of |
24 | | subsection (a). The application to the Board must include |
25 | | the following information for review and approval by the |
26 | | Department: |
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1 | | (i) a plan of follow-up care and training models; |
2 | | (ii) any and all documentation to be signed by the |
3 | | patients, including, but not limited to, waivers, |
4 | | consent forms, and releases; |
5 | | (iii) information related to the facilities being |
6 | | utilized, staffing plans, and emergency plans; |
7 | | (iv) the process by which patients will be |
8 | | contacted before, during, and after treatment; |
9 | | (v) the intended population that will be receiving |
10 | | treatment; and |
11 | | (vi) proof of valid malpractice insurance for the |
12 | | approved continuing education sponsor that extends |
13 | | coverage to clinical staff, trainees, and out-of-state |
14 | | permit holders that meet the requirements of |
15 | | subsection (a); |
16 | | (2) a valid written collaborative agreement must exist |
17 | | between the temporary visiting dentist and the Illinois |
18 | | licensed dentist co-treating patients under this Section. |
19 | | The collaborative agreement must include a description of |
20 | | the care to be provided and procedures to be performed by |
21 | | the temporary visiting dentist. There shall be no more |
22 | | than 5 trainees per supervising dentist. A copy of this |
23 | | agreement shall become part of the patient's dental record |
24 | | and shall be made available upon request to the |
25 | | Department; and |
26 | | (3) payment of a fee established by rule. |
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1 | | A continuing education sponsor license issued under this |
2 | | Section shall be valid for a period of time as provided by |
3 | | rule. |
4 | | The Department shall adopt rules to implement this |
5 | | subsection. |
6 | | (b) (Blank). |
7 | | (c) A temporary permit shall be valid for no longer than 5 |
8 | | consecutive clinical days within 6 months from the date of |
9 | | issuance. The temporary permit may be issued once per year to a |
10 | | visiting dentist. Temporary permits under subsection (a) may |
11 | | be restored no more than one time within 5 years of the initial |
12 | | permits issuance. The Department may require an applicant to |
13 | | pay a fee for the issuance or restoration of a permit under |
14 | | this Section. |
15 | | (d) (Blank). |
16 | | (e) The temporary permit shall only permit the holder to |
17 | | practice dentistry within the scope of the dental studies and |
18 | | in conjunction with one of the following: |
19 | | (1) the charitable organization; or |
20 | | (2) a continuing education program provided by a |
21 | | continuing education sponsor approved by the Department |
22 | | pursuant to this Section that the permit holder is |
23 | | attending. |
24 | | (f) The temporary visiting dentist may not administer |
25 | | moderate conscious sedation, deep sedation, or general |
26 | | anesthesia. |
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1 | | (g) A patient who seeks treatment from a temporary |
2 | | visiting dentist must sign a consent form acknowledging that |
3 | | the care the patient will receive will be provided by a dentist |
4 | | not licensed in the State of Illinois and that the Illinois |
5 | | licensed dentist who has the collaborative agreement with the |
6 | | temporary visiting dentist will be responsible for all the |
7 | | follow-up care associated with the treatment rendered to the |
8 | | patient. |
9 | | (h) An application for the temporary permit shall be made |
10 | | to the Department in writing on forms prescribed by the |
11 | | Department and shall be accompanied by a nonrefundable fee |
12 | | established by rule. |
13 | | (i) An applicant for a temporary permit may be requested |
14 | | to appear before the Board to respond to questions concerning |
15 | | the applicant's qualifications to receive the permit. An |
16 | | applicant's refusal to appear before the Board may be grounds |
17 | | for denial of the application by the Department. |
18 | | (j) The Secretary may summarily cancel any permit or |
19 | | license issued pursuant to this Section without a hearing if |
20 | | the Secretary finds that evidence in his or her possession |
21 | | indicates that a continuing education sponsor licensed under |
22 | | this Section or a temporary permit holder's continuation in |
23 | | practice would constitute an imminent danger to the public or |
24 | | violate any provision of this Act or its rules. If the |
25 | | Secretary summarily cancels a permit or license issued |
26 | | pursuant to this Section, the permit holder or licensee may |
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1 | | petition the Department for a hearing in accordance with the |
2 | | provisions of subsection (b) of Section 26 of this Act to |
3 | | reinstate his or her permit or license. |
4 | | (k) In addition to terminating any permit or license |
5 | | issued pursuant to this Section, the Department may impose a |
6 | | monetary penalty not to exceed $10,000 upon the temporary |
7 | | permit holder or licensee and may notify any state in which the |
8 | | temporary permit holder or licensee has been issued a license |
9 | | that his or her Illinois permit or license has been terminated |
10 | | and the reasons for the termination. The monetary penalty |
11 | | shall be paid within 60 days after the effective date of the |
12 | | order imposing the penalty. The order shall constitute a |
13 | | judgment and may be filed and execution had thereon in the same |
14 | | manner as any judgment from any court of record. It is the |
15 | | intent of the General Assembly that a permit or license issued |
16 | | pursuant to this Section shall be considered a privilege and |
17 | | not a property right. |
18 | | (Source: P.A. 102-582, eff. 1-1-22 .)
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19 | | (225 ILCS 25/45) (from Ch. 111, par. 2345) |
20 | | (Section scheduled to be repealed on January 1, 2026) |
21 | | Sec. 45. Advertising. The purpose of this Section is to |
22 | | authorize and regulate the advertisement by dentists of |
23 | | information which is intended to provide the public with a |
24 | | sufficient basis upon which to make an informed selection of |
25 | | dentists while protecting the public from false or misleading |
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1 | | advertisements which would detract from the fair and rational |
2 | | selection process. |
3 | | Any dentist may advertise the availability of dental |
4 | | services in the public media or on the premises where such |
5 | | dental services are rendered. Such advertising shall be |
6 | | limited to the following information: |
7 | | (a) The dental services available; |
8 | | (b) Publication of the dentist's name, title, office |
9 | | hours, address and telephone; |
10 | | (c) Information pertaining to his or her area of |
11 | | specialization, including appropriate board certification |
12 | | or limitation of professional practice; |
13 | | (d) Information on usual and customary fees for |
14 | | routine dental services offered, which information shall |
15 | | include notification that fees may be adjusted due to |
16 | | complications or unforeseen circumstances; |
17 | | (e) Announcement of the opening of, change of, absence |
18 | | from, or return to business; |
19 | | (f) Announcement of additions to or deletions from |
20 | | professional dental staff; |
21 | | (g) The issuance of business or appointment cards; |
22 | | (h) Other information about the dentist, dentist's |
23 | | practice or the types of dental services which the dentist |
24 | | offers to perform which a reasonable person might regard |
25 | | as relevant in determining whether to seek the dentist's |
26 | | services. However, any advertisement which announces the |
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1 | | availability of endodontics, pediatric dentistry, |
2 | | periodontics, prosthodontics, orthodontics and |
3 | | dentofacial orthopedics, oral and maxillofacial surgery, |
4 | | or oral and maxillofacial radiology by a general dentist |
5 | | or by a licensed specialist who is not licensed in that |
6 | | specialty shall include a disclaimer stating that the |
7 | | dentist does not hold a license in that specialty. |
8 | | Any dental practice with more than one location that |
9 | | enrolls its dentist as a participating provider in a managed |
10 | | care plan's network must verify electronically or in writing |
11 | | to the managed care plan whether the provider is accepting new |
12 | | patients at each of the specific locations listing the |
13 | | provider. The health plan shall remove the provider from the |
14 | | directory in accordance with standard practices within 10 |
15 | | business days after being notified of the changes by the |
16 | | provider. Nothing in this paragraph shall void any contractual |
17 | | relationship between the provider and the plan. |
18 | | It is unlawful for any dentist licensed under this Act to |
19 | | do any of the following: |
20 | | (1) Use claims of superior quality of care to entice |
21 | | the public. |
22 | | (2) Advertise in any way to practice dentistry without |
23 | | causing pain. |
24 | | (3) Pay a fee to any dental referral service or other |
25 | | third party who advertises a dental referral service, |
26 | | unless all advertising of the dental referral service |
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1 | | makes it clear that dentists are paying a fee for that |
2 | | referral service. |
3 | | (4) Advertise or offer gifts as an inducement to |
4 | | secure dental patronage. Dentists may advertise or offer |
5 | | free examinations or free dental services; it shall be |
6 | | unlawful, however, for any dentist to charge a fee to any |
7 | | new patient for any dental service provided at the time |
8 | | that such free examination or free dental services are |
9 | | provided. |
10 | | (5) Use the term "sedation dentistry" or similar terms |
11 | | in advertising unless the advertising dentist holds a |
12 | | valid and current permit issued by the Department to |
13 | | administer either general anesthesia, deep sedation, or |
14 | | moderate conscious sedation as required under Section 8.1 |
15 | | of this Act. |
16 | | This Act does not authorize the advertising of dental |
17 | | services when the offeror of such services is not a dentist. |
18 | | Nor shall the dentist use statements which contain false, |
19 | | fraudulent, deceptive or misleading material or guarantees of |
20 | | success, statements which play upon the vanity or fears of the |
21 | | public, or statements which promote or produce unfair |
22 | | competition. |
23 | | A dentist shall be required to keep a copy of all |
24 | | advertisements for a period of 3 years. All advertisements in |
25 | | the dentist's possession shall indicate the accurate date and |
26 | | place of publication. |