Rep. Ron Sandack

Filed: 3/19/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4414

2    AMENDMENT NO. ______. Amend House Bill 4414 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4 and 17 as follows:
 
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 4. Definitions. As used in this Act:
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Department" means the Department of Financial and

 

 

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1Professional Regulation.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Board" means the Board of Dentistry.
5    "Dentist" means a person who has received a general license
6pursuant to paragraph (a) of Section 11 of this Act and who may
7perform any intraoral and extraoral procedure required in the
8practice of dentistry and to whom is reserved the
9responsibilities specified in Section 17.
10    "Dental hygienist" means a person who holds a license under
11this Act to perform dental services as authorized by Section
1218.
13    "Dental assistant" means an appropriately trained person
14who, under the supervision of a dentist, provides dental
15services as authorized by Section 17.
16    "Dental laboratory" means a person, firm or corporation
17which:
18        (i) engages in making, providing, repairing or
19    altering dental prosthetic appliances and other artificial
20    materials and devices which are returned to a dentist for
21    insertion into the human oral cavity or which come in
22    contact with its adjacent structures and tissues; and
23        (ii) utilizes or employs a dental technician to provide
24    such services; and
25        (iii) performs such functions only for a dentist or
26    dentists.

 

 

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1    "Supervision" means supervision of a dental hygienist or a
2dental assistant requiring that a dentist authorize the
3procedure, remain in the dental facility while the procedure is
4performed, and approve the work performed by the dental
5hygienist or dental assistant before dismissal of the patient,
6but does not mean that the dentist must be present at all times
7in the treatment room.
8    "General supervision" means supervision of a dental
9hygienist requiring that the patient be a patient of record,
10that the dentist examine the patient in accordance with Section
1118 prior to treatment by the dental hygienist, and that the
12dentist authorize the procedures which are being carried out by
13a notation in the patient's record, but not requiring that a
14dentist be present when the authorized procedures are being
15performed. The issuance of a prescription to a dental
16laboratory by a dentist does not constitute general
17supervision.
18    "Public member" means a person who is not a health
19professional. For purposes of board membership, any person with
20a significant financial interest in a health service or
21profession is not a public member.
22    "Dentistry" means the healing art which is concerned with
23the examination, diagnosis, treatment planning and care of
24conditions within the human oral cavity and its adjacent
25tissues and structures, as further specified in Section 17.
26    "Branches of dentistry" means the various specialties of

 

 

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1dentistry which, for purposes of this Act, shall be limited to
2the following: endodontics, oral and maxillofacial surgery,
3orthodontics and dentofacial orthopedics, pediatric dentistry,
4periodontics, prosthodontics, and oral and maxillofacial
5radiology.
6    "Specialist" means a dentist who has received a specialty
7license pursuant to Section 11(b).
8    "Dental technician" means a person who owns, operates or is
9employed by a dental laboratory and engages in making,
10providing, repairing or altering dental prosthetic appliances
11and other artificial materials and devices which are returned
12to a dentist for insertion into the human oral cavity or which
13come in contact with its adjacent structures and tissues.
14    "Impaired dentist" or "impaired dental hygienist" means a
15dentist or dental hygienist who is unable to practice with
16reasonable skill and safety because of a physical or mental
17disability as evidenced by a written determination or written
18consent based on clinical evidence, including deterioration
19through the aging process, loss of motor skills, abuse of drugs
20or alcohol, or a psychiatric disorder, of sufficient degree to
21diminish the person's ability to deliver competent patient
22care.
23    "Nurse" means a registered professional nurse, a certified
24registered nurse anesthetist licensed as an advanced practice
25nurse, or a licensed practical nurse licensed under the Nurse
26Practice Act.

 

 

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1    "Patient of record" means a patient for whom the patient's
2most recent dentist has obtained a relevant medical and dental
3history and on whom the dentist has performed an examination
4and evaluated the condition to be treated.
5    "Dental emergency responder" means a dentist or dental
6hygienist who is appropriately certified in emergency medical
7response, as defined by the Department of Public Health.
8    "Community dental health coordinator" or "CDHC" means a
9person trained as a member of the dental team to help navigate
10the oral health care system by providing community based
11advocacy for oral health, including, but not limited to,
12motivational counseling, patient assessment, and nutritional
13literacy.
14    "Mobile dental van or portable dental unit" means any
15self-contained or portable dental unit in which dentistry is
16practiced that can be moved, towed, or transported from one
17location to another in order to establish a location where
18dental services can be provided.
19(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
20    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 17. Acts Constituting the Practice of Dentistry. A
23person practices dentistry, within the meaning of this Act:
24        (1) Who represents himself or herself as being able to
25    diagnose or diagnoses, treats, prescribes, or operates for

 

 

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1    any disease, pain, deformity, deficiency, injury, or
2    physical condition of the human tooth, teeth, alveolar
3    process, gums or jaw; or
4        (2) Who is a manager, proprietor, operator or conductor
5    of a business where dental operations are performed; or
6        (3) Who performs dental operations of any kind; or
7        (4) Who uses an X-Ray machine or X-Ray films for dental
8    diagnostic purposes; or
9        (5) Who extracts a human tooth or teeth, or corrects or
10    attempts to correct malpositions of the human teeth or
11    jaws; or
12        (6) Who offers or undertakes, by any means or method,
13    to diagnose, treat or remove stains, calculus, and bonding
14    materials from human teeth or jaws; or
15        (7) Who uses or administers local or general
16    anesthetics in the treatment of dental or oral diseases or
17    in any preparation incident to a dental operation of any
18    kind or character; or
19        (8) Who takes impressions of the human tooth, teeth, or
20    jaws or performs any phase of any operation incident to the
21    replacement of a part of a tooth, a tooth, teeth or
22    associated tissues by means of a filling, crown, a bridge,
23    a denture or other appliance; or
24        (9) Who offers to furnish, supply, construct,
25    reproduce or repair, or who furnishes, supplies,
26    constructs, reproduces or repairs, prosthetic dentures,

 

 

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1    bridges or other substitutes for natural teeth, to the user
2    or prospective user thereof; or
3        (10) Who instructs students on clinical matters or
4    performs any clinical operation included in the curricula
5    of recognized dental schools and colleges; or
6        (11) Who takes impressions of human teeth or places his
7    or her hands in the mouth of any person for the purpose of
8    applying teeth whitening materials, or who takes
9    impressions of human teeth or places his or her hands in
10    the mouth of any person for the purpose of assisting in the
11    application of teeth whitening materials. A person does not
12    practice dentistry when he or she discloses to the consumer
13    that he or she is not licensed as a dentist under this Act
14    and (i) discusses the use of teeth whitening materials with
15    a consumer purchasing these materials; (ii) provides
16    instruction on the use of teeth whitening materials with a
17    consumer purchasing these materials; or (iii) provides
18    appropriate equipment on-site to the consumer for the
19    consumer to self-apply teeth whitening materials.
20    The fact that any person engages in or performs, or offers
21to engage in or perform, any of the practices, acts, or
22operations set forth in this Section, shall be prima facie
23evidence that such person is engaged in the practice of
24dentistry.
25    The following practices, acts, and operations, however,
26are exempt from the operation of this Act:

 

 

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1        (a) The rendering of dental relief in emergency cases
2    in the practice of his or her profession by a physician or
3    surgeon, licensed as such under the laws of this State,
4    unless he or she undertakes to reproduce or reproduces lost
5    parts of the human teeth in the mouth or to restore or
6    replace lost or missing teeth in the mouth; or
7        (b) The practice of dentistry in the discharge of their
8    official duties by dentists in any branch of the Armed
9    Services of the United States, the United States Public
10    Health Service, or the United States Veterans
11    Administration; or
12        (c) The practice of dentistry by students in their
13    course of study in dental schools or colleges approved by
14    the Department, when acting under the direction and
15    supervision of dentists acting as instructors; or
16        (d) The practice of dentistry by clinical instructors
17    in the course of their teaching duties in dental schools or
18    colleges approved by the Department:
19            (i) when acting under the direction and
20        supervision of dentists, provided that such clinical
21        instructors have instructed continuously in this State
22        since January 1, 1986; or
23            (ii) when holding the rank of full professor at
24        such approved dental school or college and possessing a
25        current valid license or authorization to practice
26        dentistry in another country; or

 

 

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1        (e) The practice of dentistry by licensed dentists of
2    other states or countries at meetings of the Illinois State
3    Dental Society or component parts thereof, alumni meetings
4    of dental colleges, or any other like dental organizations,
5    while appearing as clinicians; or
6        (f) The use of X-Ray machines for exposing X-Ray films
7    of dental or oral tissues by dental hygienists or dental
8    assistants; or
9        (g) The performance of any dental service by a dental
10    assistant, if such service is performed under the
11    supervision and full responsibility of a dentist.
12        For purposes of this paragraph (g), "dental service" is
13    defined to mean any intraoral procedure or act which shall
14    be prescribed by rule or regulation of the Department.
15    Dental service, however, shall not include:
16            (1) Any and all diagnosis of or prescription for
17        treatment of disease, pain, deformity, deficiency,
18        injury or physical condition of the human teeth or
19        jaws, or adjacent structures.
20            (2) Removal of, or restoration of, or addition to
21        the hard or soft tissues of the oral cavity, except for
22        the placing, carving, and finishing of amalgam
23        restorations by dental assistants who have had
24        additional formal education and certification as
25        determined by the Department. A dentist utilizing
26        dental assistants shall not supervise more than 4

 

 

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1        dental assistants at any one time for placing, carving,
2        and finishing of amalgam restorations.
3            (3) Any and all correction of malformation of teeth
4        or of the jaws.
5            (4) Administration of anesthetics, except for
6        monitoring of nitrous oxide, conscious sedation, deep
7        sedation, and general anesthetic as provided in
8        Section 8.1 of this Act, that may be performed only
9        after successful completion of a training program
10        approved by the Department. A dentist utilizing dental
11        assistants shall not supervise more than 4 dental
12        assistants at any one time for the monitoring of
13        nitrous oxide.
14            (5) Removal of calculus from human teeth.
15            (6) Taking of impressions for the fabrication of
16        prosthetic appliances, crowns, bridges, inlays,
17        onlays, or other restorative or replacement dentistry.
18            (7) The operative procedure of dental hygiene
19        consisting of oral prophylactic procedures, except for
20        coronal polishing and pit and fissure sealants, which
21        may be performed by a dental assistant who has
22        successfully completed a training program approved by
23        the Department. Dental assistants may perform coronal
24        polishing under the following circumstances: (i) the
25        coronal polishing shall be limited to polishing the
26        clinical crown of the tooth and existing restorations,

 

 

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1        supragingivally; (ii) the dental assistant performing
2        the coronal polishing shall be limited to the use of
3        rotary instruments using a rubber cup or brush
4        polishing method (air polishing is not permitted); and
5        (iii) the supervising dentist shall not supervise more
6        than 4 dental assistants at any one time for the task
7        of coronal polishing or pit and fissure sealants.
8        The limitations on the number of dental assistants a
9    dentist may supervise contained in items (2), (4), and (7)
10    of this Section mean a limit of 4 total dental assistants
11    or dental hygienists doing expanded functions covered by
12    these Sections being supervised by one dentist.
13        (g-5) A community dental health coordinator working
14    under the supervision of a dentist may perform functions
15    for which the community dental health coordinator meets
16    training and educational standards and that are not
17    expressly prohibited by statute or rules adopted by the
18    Department.
19        (h) The practice of dentistry by an individual who:
20            (i) has applied in writing to the Department, in
21        form and substance satisfactory to the Department, for
22        a general dental license and has complied with all
23        provisions of Section 9 of this Act, except for the
24        passage of the examination specified in subsection
25        (e), of Section 9, of this Act; or
26            (ii) has applied in writing to the Department, in

 

 

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1        form and substance satisfactory to the Department, for
2        a temporary dental license and has complied with all
3        provisions of subsection (c), of Section 11, of this
4        Act; and
5            (iii) has been accepted or appointed for specialty
6        or residency training by a hospital situated in this
7        State; or
8            (iv) has been accepted or appointed for specialty
9        training in an approved dental program situated in this
10        State; or
11            (v) has been accepted or appointed for specialty
12        training in a dental public health agency situated in
13        this State.
14        The applicant shall be permitted to practice dentistry
15    for a period of 3 months from the starting date of the
16    program, unless authorized in writing by the Department to
17    continue such practice for a period specified in writing by
18    the Department.
19        The applicant shall only be entitled to perform such
20    acts as may be prescribed by and incidental to his or her
21    program of residency or specialty training and shall not
22    otherwise engage in the practice of dentistry in this
23    State.
24        The authority to practice shall terminate immediately
25    upon:
26            (1) the decision of the Department that the

 

 

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1        applicant has failed the examination; or
2            (2) denial of licensure by the Department; or
3            (3) withdrawal of the application.
4(Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
597-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
68-16-13; revised 11-14-13.)".