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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3122 Introduced 1/11/2022, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
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| 225 ILCS 25/4 | from Ch. 111, par. 2304 |
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Amends the Illinois Dental Practice Act. Provides that the definition of "public health setting" includes a nursing home or long-term care community.
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| | A BILL FOR |
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| | SB3122 | | LRB102 22377 SPS 31516 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,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Dental Practice Act is amended by |
| 5 | | changing Section 4 as follows:
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| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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| 7 | | (Text of Section before amendment by P.A. 102-93)
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| 8 | | (Section scheduled to be repealed on January 1, 2026)
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| 9 | | Sec. 4. Definitions. As used in this Act:
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| 10 | | "Address of record" means the designated address recorded |
| 11 | | by the Department in the applicant's or licensee's application |
| 12 | | file or license file as maintained by the Department's |
| 13 | | licensure maintenance unit. It is the duty of the applicant or |
| 14 | | licensee to inform the Department of any change of address and |
| 15 | | those changes must be made either through the Department's |
| 16 | | website or by contacting the Department. |
| 17 | | "Department" means the Department of Financial and |
| 18 | | Professional Regulation.
|
| 19 | | "Secretary" means the Secretary of Financial and |
| 20 | | Professional Regulation.
|
| 21 | | "Board" means the Board of Dentistry.
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| 22 | | "Dentist" means a person who has received a general |
| 23 | | license pursuant
to paragraph (a) of Section 11 of this Act and |
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| | SB3122 | - 2 - | LRB102 22377 SPS 31516 b |
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| 1 | | who may perform any intraoral
and extraoral procedure required |
| 2 | | in the practice of dentistry and to whom is
reserved the |
| 3 | | responsibilities specified in Section 17.
|
| 4 | | "Dental hygienist" means a person who holds a license |
| 5 | | under this Act to
perform dental services as authorized by |
| 6 | | Section 18.
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| 7 | | "Dental assistant" means an appropriately trained person
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| 8 | | who, under the supervision of a dentist, provides dental |
| 9 | | services
as authorized by Section 17.
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| 10 | | "Expanded function dental assistant" means a dental |
| 11 | | assistant who has completed the training required by Section |
| 12 | | 17.1 of this Act. |
| 13 | | "Dental laboratory" means a person, firm or corporation |
| 14 | | which:
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| 15 | | (i) engages in making, providing, repairing or |
| 16 | | altering dental
prosthetic appliances and other artificial |
| 17 | | materials and devices which are
returned to a dentist for |
| 18 | | insertion into the human oral cavity or which
come in |
| 19 | | contact with its adjacent structures and tissues; and
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| 20 | | (ii) utilizes or employs a dental technician to |
| 21 | | provide such services; and
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| 22 | | (iii) performs such functions only for a dentist or |
| 23 | | dentists.
|
| 24 | | "Supervision" means supervision of a dental hygienist or a |
| 25 | | dental
assistant requiring that a dentist authorize the |
| 26 | | procedure, remain in the
dental facility while the procedure |
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| | SB3122 | - 3 - | LRB102 22377 SPS 31516 b |
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| 1 | | is performed, and approve the work
performed by the dental |
| 2 | | hygienist or dental assistant before dismissal of
the patient, |
| 3 | | but does not mean that the dentist must be present at all
times |
| 4 | | in the treatment room.
|
| 5 | | "General supervision" means supervision of a dental |
| 6 | | hygienist
requiring that the patient be a patient of record,
|
| 7 | | that the dentist
examine the patient in accordance with |
| 8 | | Section 18 prior to treatment by the
dental hygienist, and |
| 9 | | that the
dentist authorize the procedures which
are being |
| 10 | | carried
out by a notation in the patient's record, but not |
| 11 | | requiring that a dentist
be present when the authorized
|
| 12 | | procedures are being performed. The
issuance of a prescription |
| 13 | | to a dental laboratory by a
dentist does not constitute |
| 14 | | general supervision.
|
| 15 | | "Public member" means a person who is not a health |
| 16 | | professional.
For purposes of board membership, any person |
| 17 | | with a significant financial
interest in a health service or |
| 18 | | profession is not a public member.
|
| 19 | | "Dentistry" means the healing art which is concerned with |
| 20 | | the
examination, diagnosis, treatment planning and care of |
| 21 | | conditions within
the human oral cavity and its adjacent |
| 22 | | tissues and structures, as further
specified in Section 17.
|
| 23 | | "Branches of dentistry" means the various specialties of |
| 24 | | dentistry
which, for purposes of this Act, shall be limited to |
| 25 | | the following:
endodontics, oral and maxillofacial surgery, |
| 26 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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| | SB3122 | - 4 - | LRB102 22377 SPS 31516 b |
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| 1 | | periodontics, prosthodontics, and oral and maxillofacial
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| 2 | | radiology.
|
| 3 | | "Specialist" means a dentist who has received a specialty |
| 4 | | license
pursuant to Section 11(b).
|
| 5 | | "Dental technician" means a person who owns, operates or |
| 6 | | is
employed by a dental laboratory and engages in making, |
| 7 | | providing, repairing
or altering dental prosthetic appliances |
| 8 | | and other artificial materials and
devices which are returned |
| 9 | | to a dentist for insertion into the human oral
cavity or which |
| 10 | | come in contact with its adjacent structures and tissues.
|
| 11 | | "Impaired dentist" or "impaired dental hygienist" means a |
| 12 | | dentist
or dental hygienist who is unable to practice with
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| 13 | | reasonable skill and safety because of a physical or mental |
| 14 | | disability as
evidenced by a written determination or written |
| 15 | | consent based on clinical
evidence, including deterioration |
| 16 | | through the aging process, loss of motor
skills, abuse of |
| 17 | | drugs or alcohol, or a psychiatric disorder, of sufficient
|
| 18 | | degree to diminish the person's ability to deliver competent |
| 19 | | patient care.
|
| 20 | | "Nurse" means a registered professional nurse, a certified |
| 21 | | registered
nurse anesthetist licensed as an advanced practice
|
| 22 | | registered nurse, or a licensed practical nurse licensed under |
| 23 | | the Nurse Practice Act.
|
| 24 | | "Patient of record" means a patient for whom the patient's |
| 25 | | most recent
dentist has obtained
a
relevant medical and dental |
| 26 | | history and on whom the dentist has performed an
examination |
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| | SB3122 | - 5 - | LRB102 22377 SPS 31516 b |
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| 1 | | and evaluated the condition to be treated.
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| 2 | | "Dental responder" means a dentist or dental hygienist who |
| 3 | | is appropriately certified in disaster preparedness, |
| 4 | | immunizations, and dental humanitarian medical response |
| 5 | | consistent with the Society of Disaster Medicine and Public |
| 6 | | Health and training certified by the National Incident |
| 7 | | Management System or the National Disaster Life Support |
| 8 | | Foundation.
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| 9 | | "Mobile dental van or portable dental unit" means any |
| 10 | | self-contained or portable dental unit in which dentistry is |
| 11 | | practiced that can be moved, towed, or transported from one |
| 12 | | location to another in order to establish a location where |
| 13 | | dental services can be provided. |
| 14 | | "Public health dental hygienist" means a hygienist who |
| 15 | | holds a valid license to practice in the State, has 2 years of |
| 16 | | full-time clinical experience or an equivalent of 4,000 hours |
| 17 | | of clinical experience and has completed at least 42 clock |
| 18 | | hours of additional structured courses in dental education in |
| 19 | | advanced areas specific to public health dentistry. |
| 20 | | "Public health setting" means a federally qualified health |
| 21 | | center; a federal, State, or local public health facility; |
| 22 | | Head Start; a special supplemental nutrition program for |
| 23 | | Women, Infants, and Children (WIC) facility; or a certified |
| 24 | | school-based health center or school-based oral health |
| 25 | | program; or a nursing home or long-term care community. |
| 26 | | "Public health supervision" means the supervision of a |
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| | SB3122 | - 6 - | LRB102 22377 SPS 31516 b |
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| 1 | | public health dental hygienist by a licensed dentist who has a |
| 2 | | written public health supervision agreement with that public |
| 3 | | health dental hygienist while working in an approved facility |
| 4 | | or program that allows the public health dental hygienist to |
| 5 | | treat patients, without a dentist first examining the patient |
| 6 | | and being present in the facility during treatment, (1) who |
| 7 | | are eligible for Medicaid or (2) who are uninsured and whose |
| 8 | | household income is not greater than 200% of the federal |
| 9 | | poverty level. |
| 10 | | "Teledentistry" means the use of telehealth systems and |
| 11 | | methodologies in dentistry and includes patient care and |
| 12 | | education delivery using synchronous and asynchronous |
| 13 | | communications under a dentist's authority as provided under |
| 14 | | this Act. |
| 15 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; |
| 16 | | 102-588, eff. 8-20-21.)
|
| 17 | | (Text of Section after amendment by P.A. 102-93) |
| 18 | | (Section scheduled to be repealed on January 1, 2026)
|
| 19 | | Sec. 4. Definitions. As used in this Act:
|
| 20 | | "Address of record" means the designated address recorded |
| 21 | | by the Department in the applicant's or licensee's application |
| 22 | | file or license file as maintained by the Department's |
| 23 | | licensure maintenance unit. It is the duty of the applicant or |
| 24 | | licensee to inform the Department of any change of address and |
| 25 | | those changes must be made either through the Department's |
|
| | SB3122 | - 7 - | LRB102 22377 SPS 31516 b |
|
|
|
| 1 | | website or by contacting the Department. |
| 2 | | "Department" means the Department of Financial and |
| 3 | | Professional Regulation.
|
| 4 | | "Secretary" means the Secretary of Financial and |
| 5 | | Professional Regulation.
|
| 6 | | "Board" means the Board of Dentistry.
|
| 7 | | "Dentist" means a person who has received a general |
| 8 | | license pursuant
to paragraph (a) of Section 11 of this Act and |
| 9 | | who may perform any intraoral
and extraoral procedure required |
| 10 | | in the practice of dentistry and to whom is
reserved the |
| 11 | | responsibilities specified in Section 17.
|
| 12 | | "Dental hygienist" means a person who holds a license |
| 13 | | under this Act to
perform dental services as authorized by |
| 14 | | Section 18.
|
| 15 | | "Dental assistant" means an appropriately trained person
|
| 16 | | who, under the supervision of a dentist, provides dental |
| 17 | | services
as authorized by Section 17.
|
| 18 | | "Expanded function dental assistant" means a dental |
| 19 | | assistant who has completed the training required by Section |
| 20 | | 17.1 of this Act. |
| 21 | | "Dental laboratory" means a person, firm or corporation |
| 22 | | which:
|
| 23 | | (i) engages in making, providing, repairing or |
| 24 | | altering dental
prosthetic appliances and other artificial |
| 25 | | materials and devices which are
returned to a dentist for |
| 26 | | insertion into the human oral cavity or which
come in |
|
| | SB3122 | - 8 - | LRB102 22377 SPS 31516 b |
|
|
|
| 1 | | contact with its adjacent structures and tissues; and
|
| 2 | | (ii) utilizes or employs a dental technician to |
| 3 | | provide such services; and
|
| 4 | | (iii) performs such functions only for a dentist or |
| 5 | | dentists.
|
| 6 | | "Supervision" means supervision of a dental hygienist or a |
| 7 | | dental
assistant requiring that a dentist authorize the |
| 8 | | procedure, remain in the
dental facility while the procedure |
| 9 | | is performed, and approve the work
performed by the dental |
| 10 | | hygienist or dental assistant before dismissal of
the patient, |
| 11 | | but does not mean that the dentist must be present at all
times |
| 12 | | in the treatment room.
|
| 13 | | "General supervision" means supervision of a dental |
| 14 | | hygienist
requiring that the patient be a patient of record,
|
| 15 | | that the dentist
examine the patient in accordance with |
| 16 | | Section 18 prior to treatment by the
dental hygienist, and |
| 17 | | that the
dentist authorize the procedures which
are being |
| 18 | | carried
out by a notation in the patient's record, but not |
| 19 | | requiring that a dentist
be present when the authorized
|
| 20 | | procedures are being performed. The
issuance of a prescription |
| 21 | | to a dental laboratory by a
dentist does not constitute |
| 22 | | general supervision.
|
| 23 | | "Public member" means a person who is not a health |
| 24 | | professional.
For purposes of board membership, any person |
| 25 | | with a significant financial
interest in a health service or |
| 26 | | profession is not a public member.
|
|
| | SB3122 | - 9 - | LRB102 22377 SPS 31516 b |
|
|
|
| 1 | | "Dentistry" means the healing art which is concerned with |
| 2 | | the
examination, diagnosis, treatment planning and care of |
| 3 | | conditions within
the human oral cavity and its adjacent |
| 4 | | tissues and structures, as further
specified in Section 17.
|
| 5 | | "Branches of dentistry" means the various specialties of |
| 6 | | dentistry
which, for purposes of this Act, shall be limited to |
| 7 | | the following:
endodontics, oral and maxillofacial surgery, |
| 8 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
|
| 9 | | periodontics, prosthodontics, oral and maxillofacial
|
| 10 | | radiology, and dental anesthesiology.
|
| 11 | | "Specialist" means a dentist who has received a specialty |
| 12 | | license
pursuant to Section 11(b).
|
| 13 | | "Dental technician" means a person who owns, operates or |
| 14 | | is
employed by a dental laboratory and engages in making, |
| 15 | | providing, repairing
or altering dental prosthetic appliances |
| 16 | | and other artificial materials and
devices which are returned |
| 17 | | to a dentist for insertion into the human oral
cavity or which |
| 18 | | come in contact with its adjacent structures and tissues.
|
| 19 | | "Impaired dentist" or "impaired dental hygienist" means a |
| 20 | | dentist
or dental hygienist who is unable to practice with
|
| 21 | | reasonable skill and safety because of a physical or mental |
| 22 | | disability as
evidenced by a written determination or written |
| 23 | | consent based on clinical
evidence, including deterioration |
| 24 | | through the aging process, loss of motor
skills, abuse of |
| 25 | | drugs or alcohol, or a psychiatric disorder, of sufficient
|
| 26 | | degree to diminish the person's ability to deliver competent |
|
| | SB3122 | - 10 - | LRB102 22377 SPS 31516 b |
|
|
|
| 1 | | patient care.
|
| 2 | | "Nurse" means a registered professional nurse, a certified |
| 3 | | registered
nurse anesthetist licensed as an advanced practice
|
| 4 | | registered nurse, or a licensed practical nurse licensed under |
| 5 | | the Nurse Practice Act.
|
| 6 | | "Patient of record" means a patient for whom the patient's |
| 7 | | most recent
dentist has obtained
a
relevant medical and dental |
| 8 | | history and on whom the dentist has performed an
examination |
| 9 | | and evaluated the condition to be treated.
|
| 10 | | "Dental responder" means a dentist or dental hygienist who |
| 11 | | is appropriately certified in disaster preparedness, |
| 12 | | immunizations, and dental humanitarian medical response |
| 13 | | consistent with the Society of Disaster Medicine and Public |
| 14 | | Health and training certified by the National Incident |
| 15 | | Management System or the National Disaster Life Support |
| 16 | | Foundation.
|
| 17 | | "Mobile dental van or portable dental unit" means any |
| 18 | | self-contained or portable dental unit in which dentistry is |
| 19 | | practiced that can be moved, towed, or transported from one |
| 20 | | location to another in order to establish a location where |
| 21 | | dental services can be provided. |
| 22 | | "Public health dental hygienist" means a hygienist who |
| 23 | | holds a valid license to practice in the State, has 2 years of |
| 24 | | full-time clinical experience or an equivalent of 4,000 hours |
| 25 | | of clinical experience and has completed at least 42 clock |
| 26 | | hours of additional structured courses in dental education in |
|
| | SB3122 | - 11 - | LRB102 22377 SPS 31516 b |
|
|
|
| 1 | | advanced areas specific to public health dentistry. |
| 2 | | "Public health setting" means a federally qualified health |
| 3 | | center; a federal, State, or local public health facility; |
| 4 | | Head Start; a special supplemental nutrition program for |
| 5 | | Women, Infants, and Children (WIC) facility; or a certified |
| 6 | | school-based health center or school-based oral health |
| 7 | | program; or a nursing home or long-term care community. |
| 8 | | "Public health supervision" means the supervision of a |
| 9 | | public health dental hygienist by a licensed dentist who has a |
| 10 | | written public health supervision agreement with that public |
| 11 | | health dental hygienist while working in an approved facility |
| 12 | | or program that allows the public health dental hygienist to |
| 13 | | treat patients, without a dentist first examining the patient |
| 14 | | and being present in the facility during treatment, (1) who |
| 15 | | are eligible for Medicaid or (2) who are uninsured and whose |
| 16 | | household income is not greater than 200% of the federal |
| 17 | | poverty level. |
| 18 | | "Teledentistry" means the use of telehealth systems and |
| 19 | | methodologies in dentistry and includes patient care and |
| 20 | | education delivery using synchronous and asynchronous |
| 21 | | communications under a dentist's authority as provided under |
| 22 | | this Act. |
| 23 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; |
| 24 | | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21.)
|
| 25 | | Section 95. No acceleration or delay. Where this Act makes |