HB2077 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2077

 

Introduced 2/7/2023, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Dental Practice Act. Defines "public health supervision" as the supervision of a public health dental hygienist by a licensed dentist who has a written public health supervision agreement with that public health dental hygienist while working in an approved facility or program that allows the public health dental hygienist to treat patients without a dentist first examining the patient and being present in the facility during treatment who are uninsured and whose household income is not greater than 300% (rather than 200%) of the federal poverty level. Provides that the holder of a faculty limited license may advertise a specialty degree as part of the licensee's ability to practice in a faculty practice. Provides that a licensed dentist or dental hygienist who is a military service member or the spouse of a military service member may receive, without examination, in the discretion of the Department of Financial and Professional Regulation, a limited military license. Provides that a limited military license issued shall be valid for a period of 2 years and may be extended or renewed based on the military service member's or spouse's duty status. Provides that any person may be granted a license to practice dentistry, a dental specialty, or dental hygiene in the State as a member of the military service which has and maintains a standard for the practice of dentistry at least equal to that now maintained in the State and who has been lawfully engaged in the practice of dentistry or dental hygiene for at least 2 years (rather than 3 of the 5 years) immediately preceding the filing of his or her application, along with other specified requirements. Provides that dental records are the property of the office in which dentistry is practiced. Provides that a dental office that is closing and will not continue to offer dentistry services must provide notice to the public at least 30 days prior to the closure. Provides that the notice to the public shall include an explanation of how copies of the patient's records may be accessed or obtained by the patient. Makes other changes.


LRB103 05331 AMQ 50350 b

 

 

A BILL FOR

 

HB2077LRB103 05331 AMQ 50350 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, 11, 17, 19, and 50 and by adding Sections
611.5 and 50.1 as follows:
 
7    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general
23license pursuant to paragraph (a) of Section 11 of this Act and

 

 

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1who may perform any intraoral and extraoral procedure required
2in the practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm, or corporation
14which:
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
20        (ii) utilizes or employs a dental technician to
21    provide such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    "Supervision" means supervision of a dental hygienist or a
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure

 

 

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1is performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with
8Section 18 prior to treatment by the dental hygienist, and
9that the dentist authorize the procedures which are being
10carried out by a notation in the patient's record, but not
11requiring that a dentist be present when the authorized
12procedures are being performed. The issuance of a prescription
13to a dental laboratory by a dentist does not constitute
14general supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person
17with a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning, and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

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

 

 

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1and evaluated the condition to be treated.
2    "Dental responder" means a dentist or dental hygienist who
3is appropriately certified in disaster preparedness,
4immunizations, and dental humanitarian medical response
5consistent with the Society of Disaster Medicine and Public
6Health and training certified by the National Incident
7Management System or the National Disaster Life Support
8Foundation.
9    "Mobile dental van or portable dental unit" means any
10self-contained or portable dental unit in which dentistry is
11practiced that can be moved, towed, or transported from one
12location to another in order to establish a location where
13dental services can be provided.
14    "Public health dental hygienist" means a hygienist who
15holds a valid license to practice in the State, has 2 years of
16full-time clinical experience or an equivalent of 4,000 hours
17of clinical experience, and has completed at least 42 clock
18hours of additional structured courses in dental education in
19advanced areas specific to public health dentistry.
20    "Public health setting" means a federally qualified health
21center; a federal, State, or local public health facility;
22Head Start; a special supplemental nutrition program for
23Women, Infants, and Children (WIC) facility; a certified
24school-based health center or school-based oral health
25program; a prison; or a long-term care facility.
26    "Public health supervision" means the supervision of a

 

 

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1public health dental hygienist by a licensed dentist who has a
2written public health supervision agreement with that public
3health dental hygienist while working in an approved facility
4or program that allows the public health dental hygienist to
5treat patients, without a dentist first examining the patient
6and being present in the facility during treatment, (1) who
7are eligible for Medicaid or (2) who are uninsured and whose
8household income is not greater than 300% 200% of the federal
9poverty level.
10    "Teledentistry" means the use of telehealth systems and
11methodologies in dentistry and includes patient care and
12education delivery using synchronous and asynchronous
13communications under a dentist's authority as provided under
14this Act.
15(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
16102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
171-1-23.)
 
18    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 11. Types of dental licenses. The Department shall
21have the authority to issue the following types of licenses:
22    (a) General licenses. The Department shall issue a license
23authorizing practice as a dentist to any person who qualifies
24for a license under this Act.
25    (b) Specialty licenses. The Department shall issue a

 

 

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1license authorizing practice as a specialist in any particular
2branch of dentistry to any dentist who has complied with the
3requirements established for that particular branch of
4dentistry at the time of making application. The Department
5shall establish additional requirements of any dentist who
6announces or holds himself or herself out to the public as a
7specialist or as being specially qualified in any particular
8branch of dentistry.
9    No dentist shall announce or hold himself or herself out
10to the public as a specialist or as being specially qualified
11in any particular branch of dentistry unless he or she is
12licensed to practice in that specialty of dentistry.
13    The fact that any dentist shall announce by card,
14letterhead, or any other form of communication using terms as
15"Specialist", ," "Practice Limited To", or "Limited to
16Specialty of" with the name of the branch of dentistry
17practiced as a specialty, or shall use equivalent words or
18phrases to announce the same, shall be prima facie evidence
19that the dentist is holding himself or herself out to the
20public as a specialist.
21    (c) Temporary training licenses. Persons who wish to
22pursue specialty or other advanced clinical educational
23programs in an approved dental school or a hospital situated
24in this State, or persons who wish to pursue programs of
25specialty training in dental public health in public agencies
26in this State, may receive without examination, in the

 

 

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1discretion of the Department, a temporary training license. In
2order to receive a temporary training license under this
3subsection, an applicant shall furnish satisfactory proof to
4the Department that:
5        (1) The applicant is at least 21 years of age and is of
6    good moral character. In determining moral character under
7    this Section, the Department may take into consideration
8    any felony conviction of the applicant, but such a
9    conviction shall not operate as bar to licensure;
10        (2) The applicant has been accepted or appointed for
11    specialty or residency training by an approved hospital
12    situated in this State, by an approved dental school
13    situated in this State, or by a public health agency in
14    this State the training programs of which are recognized
15    and approved by the Department. The applicant shall
16    indicate the beginning and ending dates of the period for
17    which he or she has been accepted or appointed;
18        (3) The applicant is a graduate of a dental school or
19    college approved and in good standing in the judgment of
20    the Department. The Department may consider diplomas or
21    certifications of education, or both, accompanied by
22    transcripts of course work and credits awarded to
23    determine if an applicant has graduated from a dental
24    school or college approved and in good standing. The
25    Department may also consider diplomas or certifications of
26    education, or both, accompanied by transcripts of course

 

 

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1    work and credits awarded in determining whether a dental
2    school or college is approved and in good standing.
3    Temporary training licenses issued under this Section
4shall be valid only for the duration of the period of residency
5or specialty training and may be extended or renewed as
6prescribed by rule. The holder of a valid temporary training
7license shall be entitled thereby to perform acts as may be
8prescribed by and incidental to his or her program of
9residency or specialty training; but he or she shall not be
10entitled to engage in the practice of dentistry in this State.
11    A temporary training license may be revoked by the
12Department upon proof that the holder has engaged in the
13practice of dentistry in this State outside of his or her
14program of residency or specialty training, or if the holder
15shall fail to supply the Department, within 10 days of its
16request, with information as to his or her current status and
17activities in his or her specialty training program.
18    (d) Faculty limited licenses. Persons who have received
19full-time appointments to teach dentistry at an approved
20dental school or hospital situated in this State may receive
21without examination, in the discretion of the Department, a
22faculty limited license. In order to receive a faculty limited
23license an applicant shall furnish satisfactory proof to the
24Department that:
25        (1) The applicant is at least 21 years of age, is of
26    good moral character, and is licensed to practice

 

 

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1    dentistry in another state or country; and
2        (2) The applicant has a full-time appointment to teach
3    dentistry at an approved dental school or hospital
4    situated in this State.
5    Faculty limited licenses issued under this Section shall
6be valid for a period of 3 years and may be extended or
7renewed. The holder of a valid faculty limited license may
8perform acts as may be required by his or her teaching of
9dentistry. The In addition, the holder of a faculty limited
10license may practice general dentistry or in his or her area of
11specialty, but only in a clinic or office affiliated with the
12dental school. The holder of a faculty limited license may
13advertise a specialty degree as part of the licensee's ability
14to practice in a faculty practice. Any faculty limited license
15issued to a faculty member under this Section shall terminate
16immediately and automatically, without any further action by
17the Department, if the holder ceases to be a faculty member at
18an approved dental school or hospital in this State.
19    The Department may revoke a faculty limited license for a
20violation of this Act or its rules, or if the holder fails to
21supply the Department, within 10 days of its request, with
22information as to his or her current status and activities in
23his or her teaching program.
24    (e) Inactive status. Any person who holds one of the
25licenses under subsection (a) or (b) of Section 11 or under
26Section 12 of this Act may elect, upon payment of the required

 

 

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1fee, to place his or her license on an inactive status and
2shall, subject to the rules of the Department, be excused from
3the payment of renewal fees until he or she notifies the
4Department in writing of his or her desire to resume active
5status.
6    Any licensee requesting restoration from inactive status
7shall be required to pay the current renewal fee and upon
8payment the Department shall be required to restore his or her
9license, as provided in Section 16 of this Act.
10    Any licensee whose license is in an inactive status shall
11not practice in the State of Illinois.
12    (f) Certificates of Identification. In addition to the
13licenses authorized by this Section, the Department shall
14deliver to each dentist a certificate of identification in a
15form specified by the Department.
16(Source: P.A. 100-976, eff. 1-1-19.)
 
17    (225 ILCS 25/11.5 new)
18    Sec. 11.5. Limited military license. A licensed dentist or
19dental hygienist who is a military service member or the
20spouse of a military service member may receive, without
21examination, in the discretion of the Department, a limited
22military license. In order to receive a limited military
23license, an applicant shall furnish satisfactory proof to the
24Department that the applicant currently holds a valid license
25in a state other than this State and that the applicant is in

 

 

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1good standing with the originating jurisdiction. The
2Department may use the following to determine proof of a
3military status:
4        (1) proof of assignment to a duty station in the State
5    or proof that the applicant has or will, within 6 months,
6    establish legal residence in the State; or
7        (2) proof of the applicant's or the applicant's
8    spouse's active military status, including a DD2154, a
9    letter of service signed by the unit commanding officer,
10    or proof of service document from the service member's
11    electronic personnel portal. Proof for a spouse includes a
12    military permanent change of station order with the spouse
13    identified by name, an official notification of change of
14    assignment with a marriage license, a certified DD1172
15    verifying marital status, or a letter signed by the
16    commanding officer verifying change of assignment and the
17    name of the military spouse.
18    A limited military license issued under this Section shall
19be valid for a period of 2 years and may be extended or renewed
20based on the military service member's or spouse's duty
21status.
 
22    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 17. Acts constituting the practice of dentistry. A
25person practices dentistry, within the meaning of this Act:

 

 

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

 

 

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1    appliance; or
2        (9) Who offers to furnish, supply, construct,
3    reproduce, or repair, or who furnishes, supplies,
4    constructs, reproduces, or repairs, prosthetic dentures,
5    bridges, or other substitutes for natural teeth, to the
6    user or prospective user thereof; or
7        (10) Who instructs students on clinical matters or
8    performs any clinical operation included in the curricula
9    of recognized dental schools and colleges; or
10        (11) Who takes material or digital scans for final
11    impressions of human teeth or places his or her hands in
12    the mouth of any person for the purpose of applying teeth
13    whitening materials, or who takes impressions of human
14    teeth or places his or her hands in the mouth of any person
15    for the purpose of assisting in the application of teeth
16    whitening materials. A person does not practice dentistry
17    when he or she discloses to the consumer that he or she is
18    not licensed as a dentist under this Act and (i) discusses
19    the use of teeth whitening materials with a consumer
20    purchasing these materials; (ii) provides instruction on
21    the use of teeth whitening materials with a consumer
22    purchasing these materials; or (iii) provides appropriate
23    equipment on-site to the consumer for the consumer to
24    self-apply teeth whitening materials.
25    The fact that any person engages in or performs, or offers
26to engage in or perform, any of the practices, acts, or

 

 

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1operations set forth in this Section, shall be prima facie
2evidence that such person is engaged in the practice of
3dentistry.
4    The following practices, acts, and operations, however,
5are exempt from the operation of this Act:
6        (a) The rendering of dental relief in emergency cases
7    in the practice of his or her profession by a physician or
8    surgeon, licensed as such under the laws of this State,
9    unless he or she undertakes to reproduce or reproduces
10    lost parts of the human teeth in the mouth or to restore or
11    replace lost or missing teeth in the mouth; or
12        (b) The practice of dentistry in the discharge of
13    their official duties by dentists in any branch of the
14    Armed Services of the United States, the United States
15    Public Health Service, or the United States Veterans
16    Administration; or
17        (c) The practice of dentistry by students in their
18    course of study in dental schools or colleges approved by
19    the Department, when acting under the direction and
20    supervision of dentists acting as instructors; or
21        (d) The practice of dentistry by clinical instructors
22    in the course of their teaching duties in dental schools
23    or colleges approved by the Department:
24            (i) when acting under the direction and
25        supervision of dentists, provided that such clinical
26        instructors have instructed continuously in this State

 

 

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1        since January 1, 1986; or
2            (ii) when holding the rank of full professor at
3        such approved dental school or college and possessing
4        a current valid license or authorization to practice
5        dentistry in another country; or
6        (e) The practice of dentistry by licensed dentists of
7    other states or countries at meetings of the Illinois
8    State Dental Society or component parts thereof, alumni
9    meetings of dental colleges, or any other like dental
10    organizations, while appearing as clinicians; or
11        (f) The use of X-Ray machines for exposing X-Ray films
12    of dental or oral tissues by dental hygienists or dental
13    assistants; or
14        (g) The performance of any dental service by a dental
15    assistant, if such service is performed under the
16    supervision and full responsibility of a dentist. In
17    addition, after being authorized by a dentist, a dental
18    assistant may, for the purpose of eliminating pain or
19    discomfort, remove loose, broken, or irritating
20    orthodontic appliances on a patient of record.
21        For purposes of this paragraph (g), "dental service"
22    is defined to mean any intraoral procedure or act which
23    shall be prescribed by rule or regulation of the
24    Department. "Dental service", however, shall not include:
25            (1) Any and all diagnosis of or prescription for
26        treatment of disease, pain, deformity, deficiency,

 

 

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1        injury, or physical condition of the human teeth or
2        jaws, or adjacent structures.
3            (2) Removal of, or restoration of, or addition to
4        the hard or soft tissues of the oral cavity, except for
5        the placing, carving, and finishing of amalgam
6        restorations and placing, packing, and finishing
7        composite restorations by dental assistants who have
8        had additional formal education and certification.
9            A dental assistant may place, carve, and finish
10        amalgam restorations, place, pack, and finish
11        composite restorations, and place interim restorations
12        if he or she (A) has successfully completed a
13        structured training program as described in item (2)
14        of subsection (g) provided by an educational
15        institution accredited by the Commission on Dental
16        Accreditation, such as a dental school or dental
17        hygiene or dental assistant program, or (B) has at
18        least 4,000 hours of direct clinical patient care
19        experience and has successfully completed a structured
20        training program as described in item (2) of
21        subsection (g) provided by a statewide dental
22        association, approved by the Department to provide
23        continuing education, that has developed and conducted
24        training programs for expanded functions for dental
25        assistants or hygienists. The training program must:
26        (i) include a minimum of 16 hours of didactic study and

 

 

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1        14 hours of clinical manikin instruction; all training
2        programs shall include areas of study in nomenclature,
3        caries classifications, oral anatomy, periodontium,
4        basic occlusion, instrumentations, pulp protection
5        liners and bases, dental materials, matrix and wedge
6        techniques, amalgam placement and carving, rubber dam
7        clamp placement, and rubber dam placement and removal;
8        (ii) include an outcome assessment examination that
9        demonstrates competency; (iii) require the supervising
10        dentist to observe and approve the completion of 8
11        amalgam or composite restorations; and (iv) issue a
12        certificate of completion of the training program,
13        which must be kept on file at the dental office and be
14        made available to the Department upon request. A
15        dental assistant must have successfully completed an
16        approved coronal polishing and dental sealant course
17        prior to taking the amalgam and composite restoration
18        course.
19            A dentist utilizing dental assistants shall not
20        supervise more than 4 dental assistants at any one
21        time for placing, carving, and finishing of amalgam
22        restorations or for placing, packing, and finishing
23        composite restorations.
24            (3) Any and all correction of malformation of
25        teeth or of the jaws.
26            (4) Administration of anesthetics, except for

 

 

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

 

 

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1        (iii) the supervising dentist shall not supervise more
2        than 4 dental assistants at any one time for the task
3        of coronal polishing or pit and fissure sealants.
4            In addition to coronal polishing and pit and
5        fissure sealants as described in this item (7), a
6        dental assistant who has at least 2,000 hours of
7        direct clinical patient care experience and who has
8        successfully completed a structured training program
9        provided by (1) an educational institution including,
10        but not limited to, a dental school or dental hygiene
11        or dental assistant program, or (2) a continuing
12        education provider approved by the Department, or (3)
13        a statewide dental or dental hygienist association,
14        approved by the Department on or before January 1,
15        2017 (the effective date of Public Act 99-680), that
16        has developed and conducted a training program for
17        expanded functions for dental assistants or hygienists
18        may perform: (A) coronal scaling above the gum line,
19        supragingivally, on the clinical crown of the tooth
20        only on patients 17 years of age or younger who have an
21        absence of periodontal disease and who are not
22        medically compromised or individuals with special
23        needs and (B) intracoronal temporization of a tooth.
24        The training program must: (I) include a minimum of 32
25        hours of instruction in both didactic and clinical
26        manikin or human subject instruction; all training

 

 

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1        programs shall include areas of study in dental
2        anatomy, public health dentistry, medical history,
3        dental emergencies, and managing the pediatric
4        patient; (II) include an outcome assessment
5        examination that demonstrates competency; (III)
6        require the supervising dentist to observe and approve
7        the completion of 6 full mouth supragingival scaling
8        procedures unless the training was received as part of
9        a Commission on Dental Accreditation approved dental
10        assistant program; and (IV) issue a certificate of
11        completion of the training program, which must be kept
12        on file at the dental office and be made available to
13        the Department upon request. A dental assistant must
14        have successfully completed an approved coronal
15        polishing course prior to taking the coronal scaling
16        course. A dental assistant performing these functions
17        shall be limited to the use of hand instruments only.
18        In addition, coronal scaling as described in this
19        paragraph shall only be utilized on patients who are
20        eligible for Medicaid, who are uninsured, or whose
21        household income is not greater than 300% of the
22        federal poverty level. A dentist may not supervise
23        more than 2 dental assistants at any one time for the
24        task of coronal scaling. This paragraph is inoperative
25        on and after January 1, 2026.
26        The limitations on the number of dental assistants a

 

 

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1    dentist may supervise contained in items (2), (4), and (7)
2    of this paragraph (g) mean a limit of 4 total dental
3    assistants or dental hygienists doing expanded functions
4    covered by these Sections being supervised by one dentist;
5    or
6        (h) The practice of dentistry by an individual who:
7            (i) has applied in writing to the Department, in
8        form and substance satisfactory to the Department, for
9        a general dental license and has complied with all
10        provisions of Section 9 of this Act, except for the
11        passage of the examination specified in subsection (e)
12        of Section 9 of this Act; or
13            (ii) has applied in writing to the Department, in
14        form and substance satisfactory to the Department, for
15        a temporary dental license and has complied with all
16        provisions of subsection (c) of Section 11 of this
17        Act; and
18            (iii) has been accepted or appointed for specialty
19        or residency training by a hospital situated in this
20        State; or
21            (iv) has been accepted or appointed for specialty
22        training in an approved dental program situated in
23        this State; or
24            (v) has been accepted or appointed for specialty
25        training in a dental public health agency situated in
26        this State.

 

 

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1        The applicant shall be permitted to practice dentistry
2    for a period of 3 months from the starting date of the
3    program, unless authorized in writing by the Department to
4    continue such practice for a period specified in writing
5    by the Department.
6        The applicant shall only be entitled to perform such
7    acts as may be prescribed by and incidental to his or her
8    program of residency or specialty training and shall not
9    otherwise engage in the practice of dentistry in this
10    State.
11        The authority to practice shall terminate immediately
12    upon:
13            (1) the decision of the Department that the
14        applicant has failed the examination; or
15            (2) denial of licensure by the Department; or
16            (3) withdrawal of the application.
17(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
18102-936, eff. 1-1-23.)
 
19    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
20    (Section scheduled to be repealed on January 1, 2026)
21    Sec. 19. Licensing applicants from other states. Any
22person who has been lawfully licensed to practice dentistry,
23including the practice of a licensed dental specialty, or
24dental hygiene in another state or territory or as a member of
25the military service which has and maintains a standard for

 

 

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1the practice of dentistry, a dental specialty, or dental
2hygiene at least equal to that now maintained in this State, or
3if the requirements for licensure in such state or territory
4in which the applicant was licensed were, at the date of his or
5her licensure, substantially equivalent to the requirements
6then in force in this State, and who has been lawfully engaged
7in the practice of dentistry or dental hygiene for at least 2 3
8of the 5 years immediately preceding the filing of his or her
9application to practice in this State and who shall deposit
10with the Department a duly attested certificate from the Board
11of the state or territory in which he or she is licensed,
12certifying to the fact of his or her licensing and of his or
13her being a person of good moral character may, upon payment of
14the required fee, be granted a license to practice dentistry,
15a dental specialty, or dental hygiene in this State, as the
16case may be.
17    For the purposes of this Section, "substantially
18equivalent" means that the applicant has presented evidence of
19completion and graduation from an American Dental Association
20accredited dental college or school in the United States or
21Canada, presented evidence that the applicant has passed both
22parts of the National Board Dental Examination, and
23successfully completed an examination conducted by a regional
24testing service. In computing 3 of the immediately preceding 5
25years of practice in another state or territory, any person
26who left the practice of dentistry to enter the military

 

 

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1service and who practiced dentistry while in the military
2service may count as a part of such period the time spent by
3him or her in such service.
4    Applicants have 2 3 years from the date of application to
5complete the application process. If the process has not been
6completed in 2 3 years, the application shall be denied, the
7fee forfeited and the applicant must reapply and meet the
8requirements in effect at the time of reapplication.
9(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
 
10    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 50. Patient records. Every dentist shall make a
13record of all dental work performed for each patient. The
14record shall be made in a manner and in sufficient detail that
15it may be used for identification purposes. Dental records are
16the property of the office in which dentistry is practiced.
17    Dental records required by this Section shall be
18maintained for 10 years. Dental records required to be
19maintained under this Section, or copies of those dental
20records, shall be made available upon request to the patient
21or the patient's guardian. A dentist shall be entitled to
22reasonable reimbursement for the cost of reproducing these
23records, which shall not exceed the cost allowed under Section
248-2001 of the Code of Civil Procedure. A dentist providing
25services through a mobile dental van or portable dental unit

 

 

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1shall provide to the patient or the patient's parent or
2guardian, in writing, the dentist's name, license number,
3address, and information on how the patient or the patient's
4parent or guardian may obtain the patient's dental records, as
5provided by law.
6(Source: P.A. 99-492, eff. 12-31-15.)
 
7    (225 ILCS 25/50.1 new)
8    Sec. 50.1. Closing a dental office. A dental office that
9is closing and will not continue to offer dentistry services
10must provide notice to the public at least 30 days prior to the
11closure. The notice to the public shall include an explanation
12of how copies of the patient's records may be accessed or
13obtained by the patient. The notice may be given by a
14publication in a newspaper of general circulation in the area
15in which the dental office is located.

 

 

HB2077- 27 -LRB103 05331 AMQ 50350 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 25/4from Ch. 111, par. 2304
4    225 ILCS 25/11from Ch. 111, par. 2311
5    225 ILCS 25/11.5 new
6    225 ILCS 25/17from Ch. 111, par. 2317
7    225 ILCS 25/19from Ch. 111, par. 2319
8    225 ILCS 25/50from Ch. 111, par. 2350
9    225 ILCS 25/50.1 new