98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4414

 

Introduced , by Rep. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/4  from Ch. 111, par. 2304
225 ILCS 25/17  from Ch. 111, par. 2317

    Amends the Illinois Dental Practice Act. Defines "community dental health coordinator". Provides that a community dental health coordinator working under the general supervision of a dentist may perform functions for which the community dental health coordinator meets training and educational standards established by the Department and that are not expressly prohibited by statute or rules adopted by the Department. Further provides that a dentist utilizing community dental health coordinators shall not supervise more than 4 community dental health coordinators at one time.


LRB098 15842 ZMM 50885 b

 

 

A BILL FOR

 

HB4414LRB098 15842 ZMM 50885 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4 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7    (Section scheduled to be repealed on January 1, 2016)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
17Professional Regulation.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation.
20    "Board" means the Board of Dentistry.
21    "Dentist" means a person who has received a general license
22pursuant to paragraph (a) of Section 11 of this Act and who may
23perform any intraoral and extraoral procedure required in the

 

 

HB4414- 2 -LRB098 15842 ZMM 50885 b

1practice of dentistry and to whom is reserved the
2responsibilities specified in Section 17.
3    "Dental hygienist" means a person who holds a license under
4this Act to perform dental services as authorized by Section
518.
6    "Dental assistant" means an appropriately trained person
7who, under the supervision of a dentist, provides dental
8services as authorized by Section 17.
9    "Dental laboratory" means a person, firm or corporation
10which:
11        (i) engages in making, providing, repairing or
12    altering dental prosthetic appliances and other artificial
13    materials and devices which are returned to a dentist for
14    insertion into the human oral cavity or which come in
15    contact with its adjacent structures and tissues; and
16        (ii) utilizes or employs a dental technician to provide
17    such services; and
18        (iii) performs such functions only for a dentist or
19    dentists.
20    "Supervision" means supervision of a dental hygienist or a
21dental assistant requiring that a dentist authorize the
22procedure, remain in the dental facility while the procedure is
23performed, and approve the work performed by the dental
24hygienist or dental assistant before dismissal of the patient,
25but does not mean that the dentist must be present at all times
26in the treatment room.

 

 

HB4414- 3 -LRB098 15842 ZMM 50885 b

1    "General supervision" means supervision of a dental
2hygienist requiring that the patient be a patient of record,
3that the dentist examine the patient in accordance with Section
418 prior to treatment by the dental hygienist, and that the
5dentist authorize the procedures which are being carried out by
6a notation in the patient's record, but not requiring that a
7dentist be present when the authorized procedures are being
8performed. The issuance of a prescription to a dental
9laboratory by a dentist does not constitute general
10supervision.
11    "Public member" means a person who is not a health
12professional. For purposes of board membership, any person with
13a significant financial interest in a health service or
14profession is not a public member.
15    "Dentistry" means the healing art which is concerned with
16the examination, diagnosis, treatment planning and care of
17conditions within the human oral cavity and its adjacent
18tissues and structures, as further specified in Section 17.
19    "Branches of dentistry" means the various specialties of
20dentistry which, for purposes of this Act, shall be limited to
21the following: endodontics, oral and maxillofacial surgery,
22orthodontics and dentofacial orthopedics, pediatric dentistry,
23periodontics, prosthodontics, and oral and maxillofacial
24radiology.
25    "Specialist" means a dentist who has received a specialty
26license pursuant to Section 11(b).

 

 

HB4414- 4 -LRB098 15842 ZMM 50885 b

1    "Dental technician" means a person who owns, operates or is
2employed by a dental laboratory and engages in making,
3providing, repairing or altering dental prosthetic appliances
4and other artificial materials and devices which are returned
5to a dentist for insertion into the human oral cavity or which
6come in contact with its adjacent structures and tissues.
7    "Impaired dentist" or "impaired dental hygienist" means a
8dentist or dental hygienist who is unable to practice with
9reasonable skill and safety because of a physical or mental
10disability as evidenced by a written determination or written
11consent based on clinical evidence, including deterioration
12through the aging process, loss of motor skills, abuse of drugs
13or alcohol, or a psychiatric disorder, of sufficient degree to
14diminish the person's ability to deliver competent patient
15care.
16    "Nurse" means a registered professional nurse, a certified
17registered nurse anesthetist licensed as an advanced practice
18nurse, or a licensed practical nurse licensed under the Nurse
19Practice Act.
20    "Patient of record" means a patient for whom the patient's
21most recent dentist has obtained a relevant medical and dental
22history and on whom the dentist has performed an examination
23and evaluated the condition to be treated.
24    "Dental emergency responder" means a dentist or dental
25hygienist who is appropriately certified in emergency medical
26response, as defined by the Department of Public Health.

 

 

HB4414- 5 -LRB098 15842 ZMM 50885 b

1    "Community dental health coordinator" or "CDHC" means a
2dental assistant, a dental hygienist, or other trained
3personnel certified by the Board as a community dental health
4coordinator to provide educational, preventative, and limited
5palliative care and assessment services under the general
6supervision of a licensed dentist.
7    "Mobile dental van or portable dental unit" means any
8self-contained or portable dental unit in which dentistry is
9practiced that can be moved, towed, or transported from one
10location to another in order to establish a location where
11dental services can be provided.
12(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
13    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 17. Acts Constituting the Practice of Dentistry. A
16person practices dentistry, within the meaning of this Act:
17        (1) Who represents himself or herself as being able to
18    diagnose or diagnoses, treats, prescribes, or operates for
19    any disease, pain, deformity, deficiency, injury, or
20    physical condition of the human tooth, teeth, alveolar
21    process, gums or jaw; or
22        (2) Who is a manager, proprietor, operator or conductor
23    of a business where dental operations are performed; or
24        (3) Who performs dental operations of any kind; or
25        (4) Who uses an X-Ray machine or X-Ray films for dental

 

 

HB4414- 6 -LRB098 15842 ZMM 50885 b

1    diagnostic purposes; or
2        (5) Who extracts a human tooth or teeth, or corrects or
3    attempts to correct malpositions of the human teeth or
4    jaws; or
5        (6) Who offers or undertakes, by any means or method,
6    to diagnose, treat or remove stains, calculus, and bonding
7    materials from human teeth or jaws; or
8        (7) Who uses or administers local or general
9    anesthetics in the treatment of dental or oral diseases or
10    in any preparation incident to a dental operation of any
11    kind or character; or
12        (8) Who takes impressions of the human tooth, teeth, or
13    jaws or performs any phase of any operation incident to the
14    replacement of a part of a tooth, a tooth, teeth or
15    associated tissues by means of a filling, crown, a bridge,
16    a denture or other appliance; or
17        (9) Who offers to furnish, supply, construct,
18    reproduce or repair, or who furnishes, supplies,
19    constructs, reproduces or repairs, prosthetic dentures,
20    bridges or other substitutes for natural teeth, to the user
21    or prospective user thereof; or
22        (10) Who instructs students on clinical matters or
23    performs any clinical operation included in the curricula
24    of recognized dental schools and colleges; or
25        (11) Who takes impressions of human teeth or places his
26    or her hands in the mouth of any person for the purpose of

 

 

HB4414- 7 -LRB098 15842 ZMM 50885 b

1    applying teeth whitening materials, or who takes
2    impressions of human teeth or places his or her hands in
3    the mouth of any person for the purpose of assisting in the
4    application of teeth whitening materials. A person does not
5    practice dentistry when he or she discloses to the consumer
6    that he or she is not licensed as a dentist under this Act
7    and (i) discusses the use of teeth whitening materials with
8    a consumer purchasing these materials; (ii) provides
9    instruction on the use of teeth whitening materials with a
10    consumer purchasing these materials; or (iii) provides
11    appropriate equipment on-site to the consumer for the
12    consumer to self-apply teeth whitening materials.
13    The fact that any person engages in or performs, or offers
14to engage in or perform, any of the practices, acts, or
15operations set forth in this Section, shall be prima facie
16evidence that such person is engaged in the practice of
17dentistry.
18    The following practices, acts, and operations, however,
19are exempt from the operation of this Act:
20        (a) The rendering of dental relief in emergency cases
21    in the practice of his or her profession by a physician or
22    surgeon, licensed as such under the laws of this State,
23    unless he or she undertakes to reproduce or reproduces lost
24    parts of the human teeth in the mouth or to restore or
25    replace lost or missing teeth in the mouth; or
26        (b) The practice of dentistry in the discharge of their

 

 

HB4414- 8 -LRB098 15842 ZMM 50885 b

1    official duties by dentists in any branch of the Armed
2    Services of the United States, the United States Public
3    Health Service, or the United States Veterans
4    Administration; or
5        (c) The practice of dentistry by students in their
6    course of study in dental schools or colleges approved by
7    the Department, when acting under the direction and
8    supervision of dentists acting as instructors; or
9        (d) The practice of dentistry by clinical instructors
10    in the course of their teaching duties in dental schools or
11    colleges approved by the Department:
12            (i) when acting under the direction and
13        supervision of dentists, provided that such clinical
14        instructors have instructed continuously in this State
15        since January 1, 1986; or
16            (ii) when holding the rank of full professor at
17        such approved dental school or college and possessing a
18        current valid license or authorization to practice
19        dentistry in another country; or
20        (e) The practice of dentistry by licensed dentists of
21    other states or countries at meetings of the Illinois State
22    Dental Society or component parts thereof, alumni meetings
23    of dental colleges, or any other like dental organizations,
24    while appearing as clinicians; or
25        (f) The use of X-Ray machines for exposing X-Ray films
26    of dental or oral tissues by dental hygienists or dental

 

 

HB4414- 9 -LRB098 15842 ZMM 50885 b

1    assistants; or
2        (g) The performance of any dental service by a dental
3    assistant, if such service is performed under the
4    supervision and full responsibility of a dentist.
5        For purposes of this paragraph (g), "dental service" is
6    defined to mean any intraoral procedure or act which shall
7    be prescribed by rule or regulation of the Department.
8    Dental service, however, shall not include:
9            (1) Any and all diagnosis of or prescription for
10        treatment of disease, pain, deformity, deficiency,
11        injury or physical condition of the human teeth or
12        jaws, or adjacent structures.
13            (2) Removal of, or restoration of, or addition to
14        the hard or soft tissues of the oral cavity, except for
15        the placing, carving, and finishing of amalgam
16        restorations by dental assistants who have had
17        additional formal education and certification as
18        determined by the Department. A dentist utilizing
19        dental assistants shall not supervise more than 4
20        dental assistants at any one time for placing, carving,
21        and finishing of amalgam restorations.
22            (3) Any and all correction of malformation of teeth
23        or of the jaws.
24            (4) Administration of anesthetics, except for
25        monitoring of nitrous oxide, conscious sedation, deep
26        sedation, and general anesthetic as provided in

 

 

HB4414- 10 -LRB098 15842 ZMM 50885 b

1        Section 8.1 of this Act, that may be performed only
2        after successful completion of a training program
3        approved by the Department. A dentist utilizing dental
4        assistants shall not supervise more than 4 dental
5        assistants at any one time for the monitoring of
6        nitrous oxide.
7            (5) Removal of calculus from human teeth.
8            (6) Taking of impressions for the fabrication of
9        prosthetic appliances, crowns, bridges, inlays,
10        onlays, or other restorative or replacement dentistry.
11            (7) The operative procedure of dental hygiene
12        consisting of oral prophylactic procedures, except for
13        coronal polishing and pit and fissure sealants, which
14        may be performed by a dental assistant who has
15        successfully completed a training program approved by
16        the Department. Dental assistants may perform coronal
17        polishing under the following circumstances: (i) the
18        coronal polishing shall be limited to polishing the
19        clinical crown of the tooth and existing restorations,
20        supragingivally; (ii) the dental assistant performing
21        the coronal polishing shall be limited to the use of
22        rotary instruments using a rubber cup or brush
23        polishing method (air polishing is not permitted); and
24        (iii) the supervising dentist shall not supervise more
25        than 4 dental assistants at any one time for the task
26        of coronal polishing or pit and fissure sealants.

 

 

HB4414- 11 -LRB098 15842 ZMM 50885 b

1        The limitations on the number of dental assistants a
2    dentist may supervise contained in items (2), (4), and (7)
3    of this paragraph (g) Section mean a limit of 4 total
4    dental assistants or dental hygienists doing expanded
5    functions covered by these Sections being supervised by one
6    dentist.
7        (g-5) A community dental health coordinator working
8    under the general supervision of a dentist and in
9    accordance with the rules adopted by the Department may
10    perform functions for which the community dental health
11    coordinator meets training and educational standards
12    established by the Department and that are not expressly
13    prohibited by statute or rules adopted by the Department. A
14    dentist utilizing community dental health coordinators
15    shall not supervise more than 4 CDHC's at one time.
16        (h) The practice of dentistry by an individual who:
17            (i) has applied in writing to the Department, in
18        form and substance satisfactory to the Department, for
19        a general dental license and has complied with all
20        provisions of Section 9 of this Act, except for the
21        passage of the examination specified in subsection
22        (e), of Section 9, of this Act; or
23            (ii) has applied in writing to the Department, in
24        form and substance satisfactory to the Department, for
25        a temporary dental license and has complied with all
26        provisions of subsection (c), of Section 11, of this

 

 

HB4414- 12 -LRB098 15842 ZMM 50885 b

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

 

 

HB4414- 13 -LRB098 15842 ZMM 50885 b

1(Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
297-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
38-16-13; revised 11-14-13.)