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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
( ) 225 ILCS 25/1
(225 ILCS 25/1) (from Ch. 111, par. 2301)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1.
Short title.
This Act may be cited as
the Illinois Dental Practice Act.
(Source: P.A. 86-1475.)
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225 ILCS 25/2
(225 ILCS 25/2) (from Ch. 111, par. 2302)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2.
Legislative declaration of public policy.
The practice of
dentistry in the State of Illinois is hereby
declared to affect the public health, safety and welfare and to be subject
to regulation and control in the public interest. It is further declared to
be a matter of public interest and concern that the dental profession merit
and receive the confidence of the public and that only qualified persons be
permitted to practice dentistry in the State of Illinois. Despite the
authority granted under this Act allowing dentists to delegate the performance
of certain procedures to dental hygienists and dental assistants, nothing
contained in this Act shall be construed in any way to relieve the supervising
dentist from ultimate responsibility for the care of his or her patient.
This Act shall be
liberally construed to carry out these objects and purposes.
It is further declared to be the public policy of this State, pursuant to
subsections (h) and (i) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in this Act to
be exercised by the State is an exclusive State power or function. Such
power or function shall not be exercised concurrently, either directly or
indirectly, by any unit of local government, including home rule units,
except as otherwise provided in this Act.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/3
(225 ILCS 25/3) (from Ch. 111, par. 2303)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3.
Severability - partial invalidity.
This Act is declared to
be severable, and should any word, phrase, sentence, provision or section
hereof be hereafter declared unconstitutional or otherwise invalid, the
remainder of this Act shall not thereby be affected, but shall remain valid
and in full force and effect for all intents and purposes.
(Source: P.A. 84-365.)
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225 ILCS 25/4 (225 ILCS 25/4) (Text of Section from P.A. 103-605) (Section scheduled to be repealed on January 1, 2026) Sec. 4. Definitions. As used in this Act: "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department. "Department" means the Department of Financial and Professional Regulation. "Secretary" means the Secretary of Financial and Professional Regulation. "Board" means the Board of Dentistry. "Dentist" means a person who has received a general license pursuant to paragraph (a) of Section 11 of this Act and who may perform any intraoral and extraoral procedure required in the practice of dentistry and to whom is reserved the responsibilities specified in Section 17. "Dental hygienist" means a person who holds a license under this Act to perform dental services as authorized by Section 18. "Dental assistant" means an appropriately trained person who, under the supervision of a dentist, provides dental services as authorized by Section 17. "Expanded function dental assistant" means a dental assistant who has completed the training required by Section 17.1 of this Act. "Dental laboratory" means a person, firm, or corporation which: (i) engages in making, providing, repairing, or | | altering dental prosthetic appliances and other artificial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come in contact with its adjacent structures and tissues; and
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| (ii) utilizes or employs a dental technician to
| | provide such services; and
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| (iii) performs such functions only for a dentist or
| | "Supervision" means supervision of a dental hygienist or a dental assistant requiring that a dentist authorize the procedure, remain in the dental facility while the procedure is performed, and approve the work performed by the dental hygienist or dental assistant before dismissal of the patient, but does not mean that the dentist must be present at all times in the treatment room.
"General supervision" means supervision of a dental hygienist requiring that the patient be a patient of record, that the dentist examine the patient in accordance with Section 18 prior to treatment by the dental hygienist, and that the dentist authorize the procedures which are being carried out by a notation in the patient's record, but not requiring that a dentist be present when the authorized procedures are being performed. The issuance of a prescription to a dental laboratory by a dentist does not constitute general supervision.
"Public member" means a person who is not a health professional. For purposes of board membership, any person with a significant financial interest in a health service or profession is not a public member.
"Dentistry" means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of dentistry which, for purposes of this Act, shall be limited to the following: endodontics, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiology, and dental anesthesiology.
"Specialist" means a dentist who has received a specialty license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates, or is employed by a dental laboratory and engages in making, providing, repairing, or altering dental prosthetic appliances and other artificial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come in contact with its adjacent structures and tissues.
"Impaired dentist" or "impaired dental hygienist" means a dentist or dental hygienist who is unable to practice with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination or written consent based on clinical evidence, including deterioration through the aging process, loss of motor skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient degree to diminish the person's ability to deliver competent patient care.
"Nurse" means a registered professional nurse, a certified registered nurse anesthetist licensed as an advanced practice registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's most recent dentist has obtained a relevant medical and dental history and on whom the dentist has performed an examination and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who is appropriately certified in disaster preparedness, immunizations, and dental humanitarian medical response consistent with the Society of Disaster Medicine and Public Health and training certified by the National Incident Management System or the National Disaster Life Support Foundation.
"Mobile dental van or portable dental unit" means any self-contained or portable dental unit in which dentistry is practiced that can be moved, towed, or transported from one location to another in order to establish a location where dental services can be provided.
"Public health dental hygienist" means a hygienist who holds a valid license to practice in the State, has 2 years of full-time clinical experience or an equivalent of 4,000 hours of clinical experience, and has completed at least 42 clock hours of additional structured courses in dental education in advanced areas specific to public health dentistry.
"Public health setting" means a federally qualified health center; a federal, State, or local public health facility; Head Start; a special supplemental nutrition program for Women, Infants, and Children (WIC) facility; a certified school-based health center or school-based oral health program; a prison; or a long-term care facility.
"Public health supervision" means 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, (1) who are eligible for Medicaid or (2) who are uninsured or whose household income is not greater than 300% of the federal poverty level.
"Teledentistry" means the use of telehealth systems and methodologies in dentistry and includes patient care and education delivery using synchronous and asynchronous communications under a dentist's authority as provided under this Act.
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-605, eff. 7-1-24.)
(Text of Section from P.A. 103-628)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department.
"Department" means the Department of Financial and Professional Regulation.
"Secretary" means the Secretary of Financial and Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general license pursuant to paragraph (a) of Section 11 of this Act and who may perform any intraoral and extraoral procedure required in the practice of dentistry and to whom is reserved the responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license under this Act to perform dental services as authorized by Section 18.
"Dental assistant" means an appropriately trained person who, under the supervision of a dentist, provides dental services as authorized by Section 17.
"Expanded function dental assistant" means a dental assistant who has completed the training required by Section 17.1 of this Act.
"Dental laboratory" means a person, firm, or corporation which:
(i) engages in making, providing, repairing, or
| | altering dental prosthetic appliances and other artificial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come in contact with its adjacent structures and tissues; and
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| (ii) utilizes or employs a dental technician to
| | provide such services; and
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| (iii) performs such functions only for a dentist or
| | "Supervision" means supervision of a dental hygienist or a dental assistant requiring that a dentist authorize the procedure, remain in the dental facility while the procedure is performed, and approve the work performed by the dental hygienist or dental assistant before dismissal of the patient, but does not mean that the dentist must be present at all times in the treatment room.
"General supervision" means supervision of a dental hygienist requiring that the patient be a patient of record, that the dentist examine the patient in accordance with Section 18 prior to treatment by the dental hygienist, and that the dentist authorize the procedures which are being carried out by a notation in the patient's record, but not requiring that a dentist be present when the authorized procedures are being performed. The issuance of a prescription to a dental laboratory by a dentist does not constitute general supervision.
"Public member" means a person who is not a health professional. For purposes of board membership, any person with a significant financial interest in a health service or profession is not a public member.
"Dentistry" means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of dentistry which, for purposes of this Act, shall be limited to the following: endodontics, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiology, and dental anesthesiology.
"Specialist" means a dentist who has received a specialty license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates, or is employed by a dental laboratory and engages in making, providing, repairing, or altering dental prosthetic appliances and other artificial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come in contact with its adjacent structures and tissues.
"Impaired dentist" or "impaired dental hygienist" means a dentist or dental hygienist who is unable to practice with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination or written consent based on clinical evidence, including deterioration through the aging process, loss of motor skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient degree to diminish the person's ability to deliver competent patient care.
"Nurse" means a registered professional nurse, a certified registered nurse anesthetist licensed as an advanced practice registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's most recent dentist has obtained a relevant medical and dental history and on whom the dentist has performed an examination and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who is appropriately certified in disaster preparedness, immunizations, and dental humanitarian medical response consistent with the Society of Disaster Medicine and Public Health and training certified by the National Incident Management System or the National Disaster Life Support Foundation.
"Mobile dental van or portable dental unit" means any self-contained or portable dental unit in which dentistry is practiced that can be moved, towed, or transported from one location to another in order to establish a location where dental services can be provided.
"Public health dental hygienist" means a hygienist who holds a valid license to practice in the State, has 2 years of full-time clinical experience or an equivalent of 4,000 hours of clinical experience, and has completed at least 42 clock hours of additional structured courses in dental education in advanced areas specific to public health dentistry.
"Public health setting" means a federally qualified health center; a federal, State, or local public health facility; Head Start; a special supplemental nutrition program for Women, Infants, and Children (WIC) facility; a certified school-based health center or school-based oral health program; a prison; or a long-term care facility.
"Public health supervision" means 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, (1) who are eligible for Medicaid or (2) who are uninsured or whose household income is not greater than 300% of the federal poverty level.
"Teledentistry" means the use of telehealth systems and methodologies in dentistry and includes patient care and education delivery using synchronous and asynchronous communications under a dentist's authority as provided under this Act.
"Moderate sedation" means a drug-induced depression of consciousness during which: (1) patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation; (2) no interventions are required to maintain a patient's airway and spontaneous ventilation is adequate; and (3) cardiovascular function is usually maintained.
"Deep sedation" means a drug-induced depression of consciousness during which: (1) patients cannot be easily aroused, but respond purposefully following repeated or painful stimulation; (2) the ability to independently maintain ventilatory function may be impaired; (3) patients may require assistance in maintaining airways and spontaneous ventilation may be inadequate; and (4) cardiovascular function is usually maintained.
"General anesthesia" means a drug-induced loss of consciousness during which: (1) patients are not arousable, even by painful stimulation; (2) the ability to independently maintain ventilatory function is often impaired; (3) patients often require assistance in maintaining airways and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function; and (4) cardiovascular function may be impaired.
"Venipuncture" means the puncture of a vein as part of a medical procedure, typically to withdraw a blood sample or for an intravenous catheter for the administration of medication or fluids.
"Enteral route of administration" means administration of a drug that is absorbed through the gastrointestinal tract or through oral, rectal, or sublingual mucosa.
"Parenteral route of administration" means administration of a drug by which the drug bypasses the gastrointestinal tract through intramuscular, intravenous, intranasal, submucosal, subcutaneous, or intraosseous methods.
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-628, eff. 7-1-24.)
(Text of Section from P.A. 103-902)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department.
"Department" means the Department of Financial and Professional Regulation.
"Secretary" means the Secretary of Financial and Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general license pursuant to paragraph (a) of Section 11 of this Act and who may perform any intraoral and extraoral procedure required in the practice of dentistry and to whom is reserved the responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license under this Act to perform dental services as authorized by Section 18.
"Dental assistant" means an appropriately trained person who, under the supervision of a dentist, provides dental services as authorized by Section 17.
"Expanded function dental assistant" means a dental assistant who has completed the training required by Section 17.1 of this Act.
"Dental laboratory" means a person, firm, or corporation which:
(i) engages in making, providing, repairing, or
| | altering dental prosthetic appliances and other artificial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come in contact with its adjacent structures and tissues; and
|
| (ii) utilizes or employs a dental technician to
| | provide such services; and
|
| (iii) performs such functions only for a dentist or
| | "Supervision" means supervision of a dental hygienist or a dental assistant requiring that a dentist authorize the procedure, remain in the dental facility while the procedure is performed, and approve the work performed by the dental hygienist or dental assistant before dismissal of the patient, but does not mean that the dentist must be present at all times in the treatment room.
"General supervision" means supervision of a dental hygienist requiring that the patient be a patient of record, that the dentist examine the patient in accordance with Section 18 prior to treatment by the dental hygienist, and that the dentist authorize the procedures which are being carried out by a notation in the patient's record, but not requiring that a dentist be present when the authorized procedures are being performed. The issuance of a prescription to a dental laboratory by a dentist does not constitute general supervision.
"Public member" means a person who is not a health professional. For purposes of board membership, any person with a significant financial interest in a health service or profession is not a public member.
"Dentistry" means the healing art which is concerned with the examination, diagnosis, treatment planning, and care of conditions within the human oral cavity and its adjacent tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of dentistry which, for purposes of this Act, shall be limited to the following: endodontics, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics, oral and maxillofacial radiology, and dental anesthesiology.
"Specialist" means a dentist who has received a specialty license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates, or is employed by a dental laboratory and engages in making, providing, repairing, or altering dental prosthetic appliances and other artificial materials and devices which are returned to a dentist for insertion into the human oral cavity or which come in contact with its adjacent structures and tissues.
"Informed consent" means legally valid consent that is given by a patient or legal guardian, that is recorded in writing or digitally, that authorizes intervention or treatment services from the treating dentist, and that documents agreement to participate in those services and knowledge of the risks, benefits, and alternatives, including the decision to withdraw from or decline treatment.
"Impaired dentist" or "impaired dental hygienist" means a dentist or dental hygienist who is unable to practice with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination or written consent based on clinical evidence, including deterioration through the aging process, loss of motor skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient degree to diminish the person's ability to deliver competent patient care.
"Nurse" means a registered professional nurse, a certified registered nurse anesthetist licensed as an advanced practice registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act.
"Patient of record", except as provided in Section 17.2, means a patient for whom the patient's most recent dentist has obtained a relevant medical and dental history and on whom the dentist has performed a physical examination within the last year and evaluated the condition to be treated, including a review of the patient's most recent x-rays.
"Dental responder" means a dentist or dental hygienist who is appropriately certified in disaster preparedness, immunizations, and dental humanitarian medical response consistent with the Society of Disaster Medicine and Public Health and training certified by the National Incident Management System or the National Disaster Life Support Foundation.
"Mobile dental van or portable dental unit" means any self-contained or portable dental unit in which dentistry is practiced that can be moved, towed, or transported from one location to another in order to establish a location where dental services can be provided.
"Public health dental hygienist" means a hygienist who holds a valid license to practice in the State, has 2 years of full-time clinical experience or an equivalent of 4,000 hours of clinical experience, and has completed at least 42 clock hours of additional structured courses in dental education in advanced areas specific to public health dentistry.
"Public health setting" means a federally qualified health center; a federal, State, or local public health facility; Head Start; a special supplemental nutrition program for Women, Infants, and Children (WIC) facility; a certified school-based health center or school-based oral health program; a prison; or a long-term care facility.
"Public health supervision" means 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, (1) who are eligible for Medicaid or (2) who are uninsured or whose household income is not greater than 300% of the federal poverty level.
"Teledentistry" means the use of telehealth systems and methodologies in dentistry and includes patient diagnosis, treatment planning, care, and education delivery for a patient of record using synchronous and asynchronous communications under an Illinois licensed dentist's authority as provided under this Act.
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-902, eff. 8-9-24.)
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225 ILCS 25/5
(225 ILCS 25/5) (from Ch. 111, par. 2305)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. Powers and duties of Department. Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers and duties:
(a) Conduct or authorize examinations to ascertain the fitness and
qualifications of applicants for dental licenses or dental hygienist
licenses, pass upon the qualifications of
applicants
for licenses, and issue licenses to such as are found to be fit and qualified.
(b) Prescribe rules and regulations for a method of examination of
candidates.
(c) Prescribe rules and regulations defining what shall constitute an
approved program, school, college or department of a university except
that no program, school,
college or department of a university that refuses admittance to
applicants solely on account of race, color, creed, sex or national
origin shall be approved.
(d) Conduct hearings on proceedings to revoke, suspend, or on objection
to the issuance of licenses and to revoke,
suspend or refuse to issue such licenses.
(e) Promulgate rules and regulations required for the administration of
this Act.
(f) The Department may require completion of a census by all licensed dentists in order to obtain relevant information regarding the availability of dental services within the State.
(Source: P.A. 94-1014, eff. 7-7-06.)
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225 ILCS 25/5.5
(225 ILCS 25/5.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5.5.
Impaired dentist.
The Department shall establish by rule a
program of care, counseling, and treatment for the impaired dentist.
(Source: P.A. 91-138, eff. 1-1-00.)
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225 ILCS 25/6
(225 ILCS 25/6)
(from Ch. 111, par. 2306)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6. Board of Dentistry - report by majority required. There
is created a Board of Dentistry, to be composed of persons designated from
time to time by the Secretary, as follows:
Eleven persons, 8 of whom have been dentists for a period of 5
years or
more; 2 of whom have been dental hygienists
for a period of 5 years or more, and one public member.
None of the members shall be an officer, dean, assistant dean, or associate
dean of a
dental college or dental department of an institute of learning, nor shall any
member be
the program director of any dental hygiene program. A board member who holds a
faculty position in a dental school or dental hygiene program shall not
participate in the
examination of applicants for licenses from that school or program. The
dental
hygienists shall not participate in the examination of
applicants for licenses
to practice dentistry. The public member shall not participate in the
examination of applicants for licenses to
practice dentistry or dental
hygiene. The board shall annually elect a chairman and vice-chairman who shall be dentists.
Terms for all members shall be for 4 years. Partial terms over 2 years
in length shall be considered as full terms. A member may be reappointed
for a successive term, but no member shall serve more than 2 full terms in
his or her lifetime.
The membership of the Board shall include only residents from various
geographic areas of this State and shall include at least some graduates
from various institutions of dental education in this State.
In making appointments to the Board the Secretary shall give due
consideration to recommendations by organizations of the dental profession
in Illinois, including the Illinois State Dental Society and Illinois
Dental Hygienists Association, and shall promptly give due notice to
such organizations of any vacancy in the membership of the Board.
The Secretary may terminate the appointment of any member for cause which in
the opinion of the Secretary reasonably justifies such termination.
A vacancy in the membership of the Board
shall not impair the right of a quorum to exercise all the rights
and perform all the duties of the Board.
Any action to be taken by the Board under this Act may be authorized
by resolution at any regular or special meeting, and each such resolution
shall take effect immediately. The Board shall meet at least quarterly.
The members of the Board shall each receive as compensation a reasonable
sum as determined by the Secretary for each day actually engaged in the
duties of the office, and all legitimate and necessary expense incurred in
attending the meetings of the Board.
Members of the Board shall be immune from suit in any action based
upon any disciplinary proceedings or other activities performed in good
faith as members of the Board.
(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/7
(225 ILCS 25/7) (from Ch. 111, par. 2307)
(Section scheduled to be repealed on January 1, 2026)
Sec. 7. Recommendations by the Board. The Secretary may consider the recommendations of the Board
in establishing guidelines for professional conduct, for the conduct of
formal disciplinary proceedings brought under this Act, and for
establishing guidelines for qualifications of applicants. Notice of
proposed rulemaking shall be transmitted to the Board and the Department
shall review the response of the Board and any recommendations made
therein. The Department may, at any time, seek the expert advice
and knowledge of the Board on any matter relating to the administration or
enforcement of this Act.
The action or report in writing of a majority of the Board shall be
sufficient authority upon which the Secretary may act.
Whenever the Secretary is satisfied that substantial justice has not been
done either in an examination or in the revocation, suspension or refusal
to issue a license, the Secretary may order a reexamination or rehearing.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/7.5 (225 ILCS 25/7.5) (Section scheduled to be repealed on January 1, 2026)
Sec. 7.5. Emerging scientific technology and applications. In the interest of public safety, the Board may review emerging scientific technology and applications and, when appropriate, recommend that the Department adopt rules to govern the appropriate use and require the appropriate training needed for this technology by dental hygienists and assistants acting under the supervision of a dentist. "Emerging scientific technology" may include without limitation laser treatments and other treatments and potential treatments that, if used incorrectly, could have an adverse effect on patient health and safety.
(Source: P.A. 96-617, eff. 8-24-09.) |
225 ILCS 25/8
(225 ILCS 25/8) (from Ch. 111, par. 2308)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.
Necessity for licensure of dentists and applications for licenses.
No person shall practice dentistry without first applying for and obtaining a
license for such purpose from the Department.
Applications shall be accompanied by the required fee.
If an applicant neglects, fails without an approved excuse or refuses to take
the next available examination offered for licensure under this Act, the fee
paid by the applicant shall be forfeited to the Department and the application
denied. If an applicant fails to pass an examination for licensure under this
Act within 3 years after filing his application, the application shall be
denied. However, such applicant may thereafter make a new application for
examination accompanied by the required fee and provide evidence of meeting the
requirements in effect at the time of the new application.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 89-626, eff.
8-9-96.)
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225 ILCS 25/8.05
(225 ILCS 25/8.05)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.05. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
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225 ILCS 25/8.1 (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1) (Section scheduled to be repealed on January 1, 2026) Sec. 8.1. Permit for the administration of anesthesia and sedation. (a) No licensed dentist shall administer general anesthesia, deep sedation, or moderate sedation without first applying for and obtaining a permit for such purpose from the Department. The Department shall issue such permit only after ascertaining that the applicant possesses the minimum qualifications necessary to protect public safety. A person with a dental degree who administers anesthesia, deep sedation, or moderate sedation in an approved hospital training program under the supervision of either a licensed dentist holding such permit or a physician licensed to practice medicine in all its branches shall not be required to obtain such permit. (b) The minimum requirements for a permit to administer moderate sedation issued after the effective date of this amendatory Act of the 103rd General Assembly shall include the completion of a minimum of 75 hours of didactic and supervised clinical study in either: (1) an American Dental Association Commission on | | Dental Accreditation accredited dental specialty program, general practice residency, or advanced education in general dentistry residency that includes training and documentation in moderate sedation techniques appropriate for each specialty or an American Dental Association Commission on Dental Accreditation accredited dental anesthesiology residency program and proof of completion of 20 individually managed patients utilizing appropriate routes of administration, in which the applicant is the sole provider, which can include, but are not limited to, intravenous, oral, intranasal, or intramuscular or combinations thereof; or
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| (2) a structured course of study provided by an
| | approved continuing education provider that includes training and documentation in moderate sedation, physical evaluation, venipuncture, advanced airway management, technical administration, recognition and management of complications and emergencies and monitoring with additional supervised experience and documentation demonstrating competence in providing moderate sedation utilizing enteral and parenteral routes of administration of medications to competency to 20 individual patient experiences on a 1 to 1 ratio with an instructor, in which the applicant is the sole provider of sedation over a continuous time frame as set by the Department and as provided in the American Dental Association's Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students.
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| (b-5) The minimum requirements for a permit to administer deep sedation and general anesthesia issued after the effective date of this amendatory Act of the 103rd General Assembly shall include:
(1) the completion of a minimum of 2 years of
| | advanced training in anesthesiology beyond the pre-doctoral level in a training program approved by the American Dental Association's Council on Dental Education and Licensure, as outlined in Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, as published by the American Dental Association's Council on Dental Education and Licensure;
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| (2) a specialty license in oral and maxillofacial
| | (3) completion of an accredited oral or maxillofacial
| | surgery residency program; or
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| (4) the completion of an American Dental Association
| | Commission on Dental Accreditation accredited dental anesthesiology residency program.
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| (b-10) The Department may establish, by rule, additional training programs and training requirements consistent with this Section to ensure patient safety in dental offices administering anesthesia, which shall include, but not be limited to the following:
(1) (blank);
(2) establish the standards for properly equipped
| | dental facilities (other than licensed hospitals and ambulatory surgical treatment centers) in which general anesthesia, deep sedation, or moderate sedation is administered, as necessary to protect public safety;
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| (3) establish minimum requirements for all persons
| | who assist the dentist in the administration of general anesthesia, deep sedation, or moderate sedation, including minimum training requirements for each member of the dental team, monitoring requirements, recordkeeping requirements, and emergency procedures;
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| (4) ensure that the dentist has completed and
| | maintains current certification in advanced cardiac life support or pediatric advanced life support and all persons assisting the dentist or monitoring the administration of general anesthesia, deep sedation, or moderate sedation maintain current certification in Basic Life Support (BLS); and
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| (5) establish continuing education requirements in
| | sedation techniques and airway management for dentists who possess a permit under this Section.
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| The Department shall adopt rules that ensure that a continuing education course designed to meet the permit requirements for moderate sedation training is reviewed and certified by the Department if the course is not accredited by the American Dental Association Commission on Dental Accreditation.
When establishing requirements under this Section, the Department shall consider the current American Dental Association guidelines on sedation and general anesthesia, the current "Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures" established by the American Academy of Pediatrics and the American Academy of Pediatric Dentistry, and the current parameters of care and Office Anesthesia Evaluation (OAE) Manual established by the American Association of Oral and Maxillofacial Surgeons.
(c) A licensed dentist must hold an appropriate permit issued under this Section in order to perform dentistry while a nurse anesthetist administers moderate sedation, and a valid written collaborative agreement must exist between the dentist and the nurse anesthetist, in accordance with the Nurse Practice Act.
A licensed dentist must hold an appropriate permit issued under this Section in order to perform dentistry while a nurse anesthetist administers deep sedation or general anesthesia, and a valid written collaborative agreement must exist between the dentist and the nurse anesthetist, in accordance with the Nurse Practice Act.
For the purposes of this subsection (c), "nurse anesthetist" means a licensed certified registered nurse anesthetist who holds a license as an advanced practice registered nurse.
(Source: P.A. 103-628, eff. 7-1-24.)
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225 ILCS 25/8.5
(225 ILCS 25/8.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice dentistry or dental hygiene without being licensed under this Act
shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense
as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/9 (225 ILCS 25/9) (from Ch. 111, par. 2309) (Section scheduled to be repealed on January 1, 2026) Sec. 9. Qualifications of applicants for dental licenses. The
Department shall require that each applicant for a license to
practice dentistry shall: (a) (Blank). (b) Be at least 21 years of age and of good moral | | (c) (1) Present satisfactory evidence of completion
| | of dental education by graduation from a dental college or school in the United States or Canada approved by the Department. The Department shall not approve any dental college or school which does not require at least (A) 60 semester hours of collegiate credit or the equivalent in acceptable subjects from a college or university before admission, and (B) completion of at least 4 academic years of instruction or the equivalent in an approved dental college or school that is accredited by the Commission on Dental Accreditation of the American Dental Association; or
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| (2) Present satisfactory evidence of completion of
| | dental education by graduation from a dental college or school outside the United States or Canada and provide satisfactory evidence that the applicant has: (A) completed a minimum of 2 academic years of general dental clinical training and obtained a doctorate of dental surgery (DDS) or doctorate of dental medicine (DMD) at a dental college or school in the United States or Canada approved by the Department; or (B) met the program requirements approved by rule by the Department.
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| Nothing in this Act shall be construed to prevent
| | either the Department or any dental college or school from establishing higher standards than specified in this Act.
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| (d) (Blank).
(e) Present satisfactory evidence that the applicant
| | has passed the integrated National Board Dental Examination administered by the Joint Commission on National Dental Examinations and has successfully completed an examination conducted by one of the following regional testing services: the Central Regional Dental Testing Service, Inc. (CRDTS), the Southern Regional Testing Agency, Inc. (SRTA), the Western Regional Examining Board (WREB), the Commission on Dental Competency Assessments (CDCA), or the Council of Interstate Testing Agencies (CITA). For purposes of this Section, successful completion shall mean that the applicant has achieved a minimum passing score as determined by the applicable regional testing service. The Secretary may suspend a regional testing service under this subsection (e) if, after proper notice and hearing, it is established that (i) the integrity of the examination has been breached so as to make future test results unreliable or (ii) the test is fundamentally deficient in testing clinical competency.
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| In determining professional capacity under this Section, any
individual who has not been actively engaged in the practice of dentistry,
has not been a dental student, or has not been engaged in a formal program
of dental education during the 5 years immediately preceding the filing of an
application may be required to complete such additional testing, training, or
remedial education as the Board may deem necessary in order to establish
the applicant's present capacity to practice dentistry with reasonable
judgment, skill, and safety.
(Source: P.A. 102-93, eff. 1-1-22.)
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225 ILCS 25/10
(225 ILCS 25/10) (from Ch. 111, par. 2310)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10.
Examinations for dental licensure.
Examination shall be
made in writing in all theoretical subjects. Both theoretical and practical
examinations shall be of a character to give a fair test of the
qualifications of the applicant to practice dentistry.
The examination papers and all grading thereon, and the grading of the
practical work, shall be deemed public documents, and preserved for a
period of not less than 2 years after the Department shall have made and
published its decisions thereon. All examinations shall be
conducted or authorized under fair and wholly impartial methods.
(Source: P.A. 84-365.)
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225 ILCS 25/11 (225 ILCS 25/11) (from Ch. 111, par. 2311) (Section scheduled to be repealed on January 1, 2026) Sec. 11. Types of dental licenses. The Department shall have the authority to issue the following types of licenses, to excuse the payment of fees for inactive status, to deliver certificates of identification, and to extend pre-license practice allowances as follows: (a) General licenses. The Department shall issue a license authorizing practice as a dentist to any person who qualifies for a license under this Act. (b) Specialty licenses. The Department shall issue a license authorizing practice as a specialist in any particular branch of dentistry to any dentist who has complied with the requirements established for that particular branch of dentistry at the time of making application. The Department shall establish additional requirements of any dentist who announces or holds himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry. No dentist shall announce or hold himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry unless he or she is licensed to practice in that specialty of dentistry. The fact that any dentist shall announce by card, letterhead, or any other form of communication using terms as "Specialist", "Practice Limited To", or "Limited to Specialty of" with the name of the branch of dentistry practiced as a specialty, or shall use equivalent words or phrases to announce the same, shall be prima facie evidence that the dentist is holding himself or herself out to the public as a specialist. (c) Temporary training licenses. Persons who wish to pursue specialty or other advanced clinical educational programs in an approved dental school or a hospital situated in this State, or persons who wish to pursue programs of specialty training in dental public health in public agencies in this State, may receive without examination, in the discretion of the Department, a temporary training license. In order to receive a temporary training license under this subsection, an applicant shall furnish satisfactory proof to the Department that: (1) The applicant is at least 21 years of age and is | | of good moral character. In determining moral character under this Section, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as bar to licensure;
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| (2) The applicant has been accepted or appointed for
| | specialty or residency training by an approved hospital situated in this State, by an approved dental school situated in this State, or by a public health agency in this State the training programs of which are recognized and approved by the Department. The applicant shall indicate the beginning and ending dates of the period for which he or she has been accepted or appointed;
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| (3) The applicant is a graduate of a dental school or
| | college approved and in good standing in the judgment of the Department. The Department may consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded to determine if an applicant has graduated from a dental school or college approved and in good standing. The Department may also consider diplomas or certifications of education, or both, accompanied by transcripts of course work and credits awarded in determining whether a dental school or college is approved and in good standing.
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| Temporary training licenses issued under this Section shall be valid only for the duration of the period of residency or specialty training and may be extended or renewed as prescribed by rule. The holder of a valid temporary training license shall be entitled thereby to perform acts as may be prescribed by and incidental to his or her program of residency or specialty training; but he or she shall not be entitled to engage in the practice of dentistry in this State.
A temporary training license may be revoked by the Department upon proof that the holder has engaged in the practice of dentistry in this State outside of his or her program of residency or specialty training, or if the holder shall fail to supply the Department, within 10 days of its request, with information as to his or her current status and activities in his or her specialty training program.
(d) Faculty limited licenses. Persons who have received full-time appointments to teach dentistry at an approved dental school or hospital situated in this State may receive without examination, in the discretion of the Department, a faculty limited license. In order to receive a faculty limited license an applicant shall furnish satisfactory proof to the Department that:
(1) The applicant is at least 21 years of age, is of
| | good moral character, and is licensed to practice dentistry in another state or country; and
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| (2) The applicant has a full-time appointment to
| | teach dentistry at an approved dental school or hospital situated in this State.
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| Faculty limited licenses issued under this Section shall be valid for a period of 3 years and may be extended or renewed. The holder of a valid faculty limited license may perform acts as may be required by his or her teaching of dentistry. The holder of a faculty limited license may practice general dentistry or in his or her area of specialty, but only in a clinic or office affiliated with the dental school. 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. Any faculty limited license issued to a faculty member under this Section shall terminate immediately and automatically, without any further action by the Department, if the holder ceases to be a faculty member at an approved dental school or hospital in this State.
The Department may revoke a faculty limited license for a violation of this Act or its rules, or if the holder fails to supply the Department, within 10 days of its request, with information as to his or her current status and activities in his or her teaching program.
(e) Inactive status. Any person who holds one of the licenses under subsection (a) or (b) of Section 11 or under Section 12 of this Act may elect, upon payment of the required fee, to place his or her license on an inactive status and shall, subject to the rules of the Department, be excused from the payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.
Any licensee requesting restoration from inactive status shall be required to pay the current renewal fee and upon payment the Department shall be required to restore his or her license, as provided in Section 16 of this Act.
Any licensee whose license is in an inactive status shall not practice in the State of Illinois.
(f) Certificates of Identification. In addition to the licenses authorized by this Section, the Department shall deliver to each dentist a certificate of identification in a form specified by the Department.
(g) Pre-license practice allowance. An applicant for a general dental license or a temporary training license has a pre-license practice allowance to practice dentistry in a Commission on Dental Accreditation accredited specialty or residency training program for a period of 3 months from the starting date of the program. Upon a request from the applicant, the Department may extend, in writing, the pre-license practice allowance for the specialty or residency training program. An applicant practicing dentistry under this subsection may only perform acts as are prescribed by and incidental to the applicant's program of residency or specialty training. An applicant practicing dentistry under this subsection must supply the specialty or residency training program a copy of the applicant's general license application or temporary training license application along with proof of certified mail of sending that application to the Department.
The applicant's authority to practice under this subsection shall terminate immediately upon: (1) the decision of the Department that the applicant failed the examination for dental licensure; (2) denial of licensure by the Department; or (3) withdrawal of the license application.
(Source: P.A. 103-425, eff. 1-1-24; 103-687, eff. 7-19-24.)
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225 ILCS 25/12
(225 ILCS 25/12) (from Ch. 111, par. 2312)
(Section scheduled to be repealed on January 1, 2026)
Sec. 12.
Necessity for licensure of dental hygienists.
No person,
unless a dentist, shall perform the operative procedures of
dental hygiene without first applying for and obtaining a license for such purpose.
The Department shall issue a license
authorizing practice as a dental hygienist to any person who qualifies for
such license pursuant to this Act.
In addition to the license authorized by
this
Section the Department shall deliver to each dental hygienist a separate
certificate of identification in a form specified by the Department.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/13
(225 ILCS 25/13) (from Ch. 111, par. 2313)
(Section scheduled to be repealed on January 1, 2026)
Sec. 13. Qualifications of applicants for dental hygienists. Every
person who desires to obtain a license as a dental hygienist shall apply to the
Department in writing, upon forms prepared
and furnished by the Department. Each application shall contain proof of
the particular qualifications required of the applicant, shall be verified
by the applicant, under oath, and shall be accompanied by the required
examination fee.
The Department shall require that every applicant for a license
as a dental hygienist shall:
(1) (Blank).
(2) Be a graduate of high school
or its equivalent.
(3) Present satisfactory evidence of having | | successfully completed 2 academic years of credit at a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association.
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(4) Submit evidence that he or she holds a currently
| | valid certification to perform cardiopulmonary resuscitation. The Department shall adopt rules establishing criteria for certification in cardiopulmonary resuscitation. The rules of the Department shall provide for variances only in instances where the applicant is a person with a physical disability and therefore unable to secure such certification.
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(5) (Blank).
(6) Present satisfactory evidence that the applicant
| | has passed the National Board Dental Hygiene Examination administered by the Joint Commission on National Dental Examinations and has successfully completed an examination conducted by one of the following regional testing services: the Central Regional Dental Testing Service, Inc. (CRDTS), the Southern Regional Testing Agency, Inc. (SRTA), the Western Regional Examining Board (WREB), or the North East Regional Board (NERB). For the purposes of this Section, successful completion shall mean that the applicant has achieved a minimum passing score as determined by the applicable regional testing service. The Secretary may suspend a regional testing service under this item (6) if, after proper notice and hearing, it is established that (i) the integrity of the examination has been breached so as to make future test results unreliable or (ii) the examination is fundamentally deficient in testing clinical competency.
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(Source: P.A. 99-143, eff. 7-27-15.)
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225 ILCS 25/13.5 (225 ILCS 25/13.5) (Section scheduled to be repealed on January 1, 2026) Sec. 13.5. Training programs for public health dental hygienists. (a) With respect to the requirement that a public health dental hygienist have additional structured courses in dental education in advanced areas specific to public health dentistry, education in advanced areas specific to public health dentistry must include emergency procedures for medically compromised patients (5 hours), pharmacology (5 hours), medical recordkeeping procedures (4 hours), geriatric dentistry (5 hours), pediatric dentistry (5 hours), and pathology (5 hours) provided by: (1) an educational institution accredited by the | | Commission on Dental Accreditation, such as a dental school or dental hygiene program; or
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| (2) a statewide dental association or dental hygiene
| | association, approved by the Department to provide continuing education, that has developed and conducted training programs for expanded functions for dental assistants and hygienists.
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| (b) Training programs for a public health dental hygienist must:
(1) include a minimum 29 hours of didactic study as
| | described in subsection (a), which may be taken in an online structured format and in compliance with the continued learning education requirements of 68 Illinois Administrative Code 1220.440;
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| (2) require completion of 5 hours of didactic
| | courses in the following topic areas: special needs dentistry, teledentistry, nutritional needs of geriatric and low income patients, communication techniques with non-English speaking patients, cultural competency, and professional ethics;
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| (3) require completion of an 8 hour in-person
| | classroom review that includes a comprehension exam on the subjects required in subsection (a) and submit certification of successful completion to the supervising dentist; and
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| (4) issue a certificate of completion of the training
| | program requirement, which must be kept on file at the supervising dentist's office and with the public health dental hygienist which will be made available to the Department upon request.
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(Source: P.A. 101-64, eff. 7-12-19.)
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225 ILCS 25/13.10 (225 ILCS 25/13.10) (Section scheduled to be repealed on January 1, 2026) Sec. 13.10. Public health dental hygienist supervision agreement. After completion of the requirements of Section 13.5, a public
health dental hygienist may operate in a public health setting
that meets the requirements of Section 18.1 with a dentist who
is working in or has contracted with a local or State
government agency or institution or who is providing services
as part of a certified school-based program or school-based
oral health program.
(Source: P.A. 101-64, eff. 7-12-19.) |
225 ILCS 25/14
(225 ILCS 25/14) (from Ch. 111, par. 2314)
(Section scheduled to be repealed on January 1, 2026)
Sec. 14.
Examination for licensure as dental hygienists.
The Department
shall conduct or authorize examinations of applicants for licensure as dental
hygienists at such times and places as it may determine.
The examination of applicants for licensure as
dental hygienists may include both practical demonstrations and
written and oral tests and shall encompass the subjects usually taught in
programs of dental hygiene, approved by the Department.
If an applicant fails to pass an examination for licensure under this Act
within 3 years after filing his or her application, the application shall be
denied. The applicant, however, may thereafter make a new application for
examination accompanied by the required fee and provide evidence of meeting the
requirements in effect at the time of the new application.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/15
(225 ILCS 25/15) (from Ch. 111, par. 2315)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15.
List of dentists and dental hygienists.
The Department
shall maintain a list of the names and addresses of all dentists and dental
hygienists and of all persons whose licenses have been suspended or revoked,
together with such other
information relative to the enforcement of the provisions of this Act as it
may deem of interest to the public. Such lists shall also be mailed by the
Department to any person upon request and payment of the required fee. In
addition, the Department shall keep available for inquiry or inspection a
similar list of all persons whose licenses
have been suspended or revoked in the interim between such published lists.
All lists required to be published or kept by this Section shall be
arranged alphabetically.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/16 (225 ILCS 25/16) (from Ch. 111, par. 2316) (Section scheduled to be repealed on January 1, 2026) Sec. 16. Expiration, renewal and restoration of licenses. The expiration date and renewal date for each license issued under this Act shall be set by rule. The renewal period for each license issued under this Act shall be 3 years. A dentist or dental hygienist may renew a license during the month preceding its expiration date by paying the required fee. All initial licenses issued during an open renewal period shall have the next expiration date. A dentist or dental hygienist shall provide proof of current Basic Life Support (BLS) certification intended for health care providers at the time of renewal as provided by rule. Basic Life Support certification training taken as a requirement of this Section shall be counted for no more than 4 hours during each licensure period towards the continuing education hours under Section 16.1 of this Act. The Department shall provide by rule for exemptions from this requirement for a dentist or dental hygienist with a physical disability that would preclude him or her from performing BLS. Any dentist or dental hygienist whose license has expired or whose license is on inactive status may have his license restored at any time within 5 years after the expiration thereof, upon payment of the required fee and a showing of proof of compliance with current continuing education requirements, as provided by rule. Any person whose license has been expired for more than 5 years or who has had his license on inactive status for more than 5 years may have his license restored by making application to the Department and filing proof acceptable to the Department of taking continuing education and of his fitness to have the license restored, including sworn evidence certifying to active practice in another jurisdiction, and by paying the required restoration fee. A person practicing on an expired license is deemed to be practicing without a license. However, a holder of a license may renew the license within 90 days after its expiration by complying with the requirements for renewal and payment of an additional fee. A license renewal within 90 days after expiration shall be effective retroactively to the expiration date. If a person whose license has expired or who has had his license on inactive status for more than 5 years has not maintained an active practice satisfactory to the department, the Department shall determine, by an evaluation process established by rule, his or her fitness to resume active status and may require the person to complete a period of evaluated clinical experience and may require successful completion of a practical examination. However, any person whose license expired while he or she was (i) on active duty with the Armed Forces of the United States or called into service or training by the State militia or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license renewed, reinstated, or restored without paying any lapsed renewal or restoration fee, if within 2 years after termination of such service, training, or education other than by dishonorable discharge, he or she furnishes the Department with satisfactory proof that he or she has been so engaged and that his or her service, training, or education has been so terminated.(Source: P.A. 103-687, eff. 7-19-24.) |
225 ILCS 25/16.1
(225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.1. Continuing education. The Department shall promulgate
rules of continuing education for persons licensed under
this Act. In establishing rules, the Department shall require a minimum of
48 hours of study in approved courses for dentists during each 3-year
licensing period and a minimum of 36 hours of study in approved courses for
dental hygienists during each 3-year licensing period.
The Department shall approve only courses that are relevant to the
treatment and care of patients, including, but not limited to, clinical
courses in dentistry and dental hygiene and nonclinical courses such as
patient management, legal and ethical responsibilities, and stress
management. The Department shall allow up to 4 hours of continuing education credit hours per license renewal period for volunteer hours spent providing clinical services at, or sponsored by, a nonprofit community clinic, local or state health department, or a charity event. Courses shall not be approved in such subjects as estate and
personal financial planning, personal investments, or personal health. Approved courses may
include, but shall not be limited to, courses that are offered or sponsored
by approved colleges, universities, and hospitals and by recognized
national, State, and local dental and dental hygiene organizations. When offering a continuing education course, whether at no cost or for a fee, the course provider shall explicitly disclose that the course is an approved course for continuing education in the State of Illinois, as provided in this Section or by the rules adopted by the Department.
No license shall be renewed unless the
renewal application is accompanied by an affidavit indicating that the
applicant has completed the required minimum number of hours of continuing
education in approved courses as required by this Section.
The affidavit shall not require a listing of courses. The affidavit
shall be a prima facie evidence that the applicant has obtained the minimum
number of required continuing education hours in approved courses. The
Department shall not be obligated to conduct random
audits or otherwise independently verify that an applicant has met the
continuing education requirement.
The Department, however, may not conduct random audits
of more than 10% of the licensed
dentists and dental hygienists in any one licensing cycle
to verify compliance
with continuing education requirements.
If the Department, however, receives a
complaint that a licensee has not completed the required continuing
education or if the Department is investigating another alleged violation
of this Act by a licensee, the Department may demand and shall be entitled
to receive evidence from any licensee of completion of required
continuing education courses for the most recently completed 3-year
licensing period.
Evidence of continuing education may include, but is not limited to, canceled
checks, official verification forms of attendance, and continuing education
recording forms, that demonstrate a reasonable record of attendance. The
Board shall determine, in accordance with rules adopted by the
Department,
whether a licensee or applicant has met the continuing education
requirements.
Any dentist who holds more than one license under this
Act shall be required to complete
only the minimum number of hours of continuing education required for
renewal of a single license. The Department may provide exemptions from
continuing education requirements.
(Source: P.A. 103-425, eff. 1-1-24.)
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225 ILCS 25/17 (225 ILCS 25/17) (Section scheduled to be repealed on January 1, 2026) Sec. 17. Acts constituting the practice of dentistry. A person practices dentistry, within the meaning of this Act: (1) Who represents himself or herself as being able | | to diagnose or diagnoses, treats, prescribes, or operates for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums, or jaw; or
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| (2) Who is a manager, proprietor, operator, or
| | conductor of a business where dental operations are performed; or
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| (3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for
| | dental diagnostic purposes; or
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| (5) Who extracts a human tooth or teeth, or corrects
| | or attempts to correct malpositions of the human teeth or jaws; or
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| (6) Who offers or undertakes, by any means or method,
| | to diagnose, treat, or remove stains, calculus, and bonding materials from human teeth or jaws; or
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| (7) Who uses or administers local or general
| | anesthetics in the treatment of dental or oral diseases or in any preparation incident to a dental operation of any kind or character; or
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| (8) Who takes material or digital scans for final
| | impressions of the human tooth, teeth, or jaws or performs any phase of any operation incident to the replacement of a part of a tooth, a tooth, teeth, or associated tissues by means of a filling, a crown, a bridge, a denture, or other appliance; or
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| (9) Who offers to furnish, supply, construct,
| | reproduce, or repair, or who furnishes, supplies, constructs, reproduces, or repairs, prosthetic dentures, bridges, or other substitutes for natural teeth to the user or prospective user thereof; or
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| (10) Who instructs students on clinical matters or
| | performs any clinical operation included in the curricula of recognized dental schools and colleges; or
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| (11) Who takes material or digital scans for final
| | impressions of human teeth or places his or her hands in the mouth of any person for the purpose of applying teeth whitening materials, or who takes impressions of human teeth or places his or her hands in the mouth of any person for the purpose of assisting in the application of teeth whitening materials. A person does not practice dentistry when he or she discloses to the consumer that he or she is not licensed as a dentist under this Act and (i) discusses the use of teeth whitening materials with a consumer purchasing these materials; (ii) provides instruction on the use of teeth whitening materials with a consumer purchasing these materials; or (iii) provides appropriate equipment on-site to the consumer for the consumer to self-apply teeth whitening materials.
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| The fact that any person engages in or performs, or offers to engage in or perform, any of the practices, acts, or operations set forth in this Section, shall be prima facie evidence that such person is engaged in the practice of dentistry.
The following practices, acts, and operations, however, are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
| | in the practice of his or her profession by a physician or surgeon, licensed as such under the laws of this State, unless he or she undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace lost or missing teeth in the mouth; or
|
| (b) The practice of dentistry in the discharge of
| | their official duties by dentists in any branch of the Armed Services of the United States, the United States Public Health Service, or the United States Veterans Administration; or
|
| (c) The practice of dentistry by students in their
| | course of study in dental schools or colleges approved by the Department, when acting under the direction and supervision of dentists acting as instructors; or
|
| (d) The practice of dentistry by clinical instructors
| | in the course of their teaching duties in dental schools or colleges approved by the Department:
|
| (i) when acting under the direction and
| | supervision of dentists, provided that such clinical instructors have instructed continuously in this State since January 1, 1986; or
|
| (ii) when holding the rank of full professor at
| | such approved dental school or college and possessing a current valid license or authorization to practice dentistry in another country; or
|
| (e) The practice of dentistry by licensed dentists of
| | other states or countries at meetings of the Illinois State Dental Society or component parts thereof, alumni meetings of dental colleges, or any other like dental organizations, while appearing as clinicians; or
|
| (f) The use of X-Ray machines for exposing X-Ray
| | films of dental or oral tissues by dental hygienists or dental assistants; or
|
| (g) The performance of any dental service by a dental
| | assistant, if such service is performed under the supervision and full responsibility of a dentist. In addition, after being authorized by a dentist, a dental assistant may, for the purpose of eliminating pain or discomfort, remove loose, broken, or irritating orthodontic appliances on a patient of record.
|
| For purposes of this paragraph (g), "dental service"
| | is defined to mean any intraoral procedure or act which shall be prescribed by rule or regulation of the Department. "Dental service", however, shall not include:
|
| (1) Any and all diagnosis of or prescription for
| | treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structures.
|
| (2) Removal of, restoration of, or addition to
| | the hard or soft tissues of the oral cavity, except for the placing, carving, and finishing of amalgam restorations and placing, packing, and finishing composite restorations by dental assistants who have had additional formal education and certification.
|
| A dental assistant may place, carve, and finish
| | amalgam restorations, place, pack, and finish composite restorations, and place interim restorations if he or she (A) has successfully completed a structured training program as described in item (2) of subsection (g) provided by an educational institution accredited by the Commission on Dental Accreditation, such as a dental school or dental hygiene or dental assistant program, or (B) has at least 4,000 hours of direct clinical patient care experience and has successfully completed a structured training program as described in item (2) of subsection (g) provided by a statewide dental association, approved by the Department to provide continuing education, that has developed and conducted training programs for expanded functions for dental assistants or hygienists. The training program must: (i) include a minimum of 16 hours of didactic study and 14 hours of clinical manikin instruction; all training programs shall include areas of study in nomenclature, caries classifications, oral anatomy, periodontium, basic occlusion, instrumentations, pulp protection liners and bases, dental materials, matrix and wedge techniques, amalgam placement and carving, rubber dam clamp placement, and rubber dam placement and removal; (ii) include an outcome assessment examination that demonstrates competency; (iii) require the supervising dentist to observe and approve the completion of 8 amalgam or composite restorations; and (iv) issue a certificate of completion of the training program, which must be kept on file at the dental office and be made available to the Department upon request. A dental assistant must have successfully completed an approved coronal polishing and dental sealant course prior to taking the amalgam and composite restoration course.
|
| A dentist utilizing dental assistants shall not
| | supervise more than 4 dental assistants at any one time for placing, carving, and finishing of amalgam restorations or for placing, packing, and finishing composite restorations.
|
| (3) Any and all correction of malformation of
| | (4) Administration of anesthetics, except for
| | monitoring of nitrous oxide, moderate sedation, deep sedation, and general anesthetic as provided in Section 8.1 of this Act, that may be performed only after successful completion of a training program approved by the Department. A dentist utilizing dental assistants shall not supervise more than 4 dental assistants at any one time for the monitoring of nitrous oxide.
|
| (5) Removal of calculus from human teeth.
(6) Taking of material or digital scans for final
| | impressions for the fabrication of prosthetic appliances, crowns, bridges, inlays, onlays, or other restorative or replacement dentistry.
|
| (7) The operative procedure of dental hygiene
| | consisting of oral prophylactic procedures, except for coronal polishing and pit and fissure sealants, which may be performed by a dental assistant who has successfully completed a training program approved by the Department. Dental assistants may perform coronal polishing under the following circumstances: (i) the coronal polishing shall be limited to polishing the clinical crown of the tooth and existing restorations, supragingivally; (ii) the dental assistant performing the coronal polishing shall be limited to the use of rotary instruments using a rubber cup or brush polishing method (air polishing is not permitted); and (iii) the supervising dentist shall not supervise more than 4 dental assistants at any one time for the task of coronal polishing or pit and fissure sealants.
|
| In addition to coronal polishing and pit and
| | fissure sealants as described in this item (7), a dental assistant who has at least 2,000 hours of direct clinical patient care experience and who has successfully completed a structured training program provided by (1) an educational institution including, but not limited to, a dental school or dental hygiene or dental assistant program, (2) a continuing education provider approved by the Department, or (3) a statewide dental or dental hygienist association that has developed and conducted a training program for expanded functions for dental assistants or hygienists may perform: (A) coronal scaling above the gum line, supragingivally, on the clinical crown of the tooth only on patients 17 years of age or younger who have an absence of periodontal disease and who are not medically compromised or individuals with special needs and (B) intracoronal temporization of a tooth. The training program must: (I) include a minimum of 32 hours of instruction in both didactic and clinical manikin or human subject instruction; all training programs shall include areas of study in dental anatomy, public health dentistry, medical history, dental emergencies, and managing the pediatric patient; (II) include an outcome assessment examination that demonstrates competency; (III) require the supervising dentist to observe and approve the completion of 6 full mouth supragingival scaling procedures unless the training was received as part of a Commission on Dental Accreditation approved dental assistant program; and (IV) issue a certificate of completion of the training program, which must be kept on file at the dental office and be made available to the Department upon request. A dental assistant must have successfully completed an approved coronal polishing course prior to taking the coronal scaling course. A dental assistant performing these functions shall be limited to the use of hand instruments only. In addition, coronal scaling as described in this paragraph shall only be utilized on patients who are eligible for Medicaid, who are uninsured, or whose household income is not greater than 300% of the federal poverty level. A dentist may not supervise more than 2 dental assistants at any one time for the task of coronal scaling. This paragraph is inoperative on and after January 1, 2026.
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| The limitations on the number of dental assistants a
| | dentist may supervise contained in items (2), (4), and (7) of this paragraph (g) mean a limit of 4 total dental assistants or dental hygienists doing expanded functions covered by these Sections being supervised by one dentist; or
|
| (h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
| | form and substance satisfactory to the Department, for a general dental license and has complied with all provisions of Section 9 of this Act, except for the passage of the examination specified in subsection (e) of Section 9 of this Act; or
|
| (ii) has applied in writing to the Department, in
| | form and substance satisfactory to the Department, for a temporary dental license and has complied with all provisions of subsection (c) of Section 11 of this Act; and
|
| (iii) has been accepted or appointed for
| | specialty or residency training by a hospital situated in this State; or
|
| (iv) has been accepted or appointed for specialty
| | training in an approved dental program situated in this State; or
|
| (v) has been accepted or appointed for specialty
| | training in a dental public health agency situated in this State.
|
| The applicant shall be permitted to practice
| | dentistry for a period of 3 months from the starting date of the program, unless authorized in writing by the Department to continue such practice for a period specified in writing by the Department.
|
| The applicant shall only be entitled to perform such
| | acts as may be prescribed by and incidental to his or her program of residency or specialty training and shall not otherwise engage in the practice of dentistry in this State.
|
| The authority to practice shall terminate immediately
| | (1) the decision of the Department that the
| | applicant has failed the examination; or
|
| (2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24.)
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225 ILCS 25/17.1 (225 ILCS 25/17.1) (Section scheduled to be repealed on January 1, 2026) Sec. 17.1. Expanded function dental assistants. (a) A dental assistant who has completed training as provided in subsection (b) of this Section in all of the following areas may hold himself or herself out as an expanded function dental assistant: (1) Taking material or digital scans for final | | impressions after completing a training program that includes either didactic objectives or clinical skills and functions that demonstrate competency.
|
| (2) Performing pulp vitality test after completing a
| | training program that includes either didactic objectives or clinical skills and functions that demonstrate competency.
|
| (3) Placing, carving, and finishing of amalgam
| | restorations and placing, packing, and finishing composite restorations as allowed under Section 17.
|
| (3.5) Coronal scaling as allowed under Section 17.
(4) Starting the flow of oxygen and monitoring of
| | nitrous oxide-oxygen analgesia as allowed under Section 17.
|
| (5) Coronal polishing and pit and fissure sealants as
| | allowed under Section 17.
|
| (6) Intracoronal temporization of a tooth.
All procedures listed in paragraphs (1) through (6) for dental assistants must be performed under the supervision of a dentist, requiring the dentist authorizes the procedure, remains in the dental facility while the procedure is performed, and approves the work performed by the dental assistant before dismissal of the patient, but the dentist is not required to be present at all times in the treatment room.
After the completion of training as provided in subsection (b) of this Section, an expanded function dental assistant may perform any of the services listed in this subsection (a) pursuant to the limitations of this Act.
(b) Certification and training as an expanded function dental assistant must be obtained from one of the following sources: (i) an approved continuing education sponsor; (ii) a dental assistant training program approved by the Commission on Dental Accreditation of the American Dental Association; or (iii) a training program approved by the Department.
Training required under this subsection (b) must also include Basic Life Support certification, as described in Section 16 of this Act. Proof of current certification shall be kept on file with the supervising dentist.
(c) Any procedures listed in subsection (a) that are performed by an expanded function dental assistant must be approved by the supervising dentist and examined prior to dismissal of the patient. The supervising dentist shall be responsible for all dental services or procedures performed by the dental assistant.
(d) Nothing in this Section shall be construed to alter the number of dental assistants that a dentist may supervise under paragraph (g) of Section 17 of this Act.
(e) Nothing in this Act shall: (1) require a dental assistant to be certified as an expanded function dental assistant or (2) prevent a dentist from training dental assistants in accordance with the provisions of Section 17 or 17.1 of this Act or rules pertaining to dental assistant duties.
(Source: P.A. 101-162, eff. 7-26-19; 102-936, eff. 1-1-23.)
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225 ILCS 25/17.2 (225 ILCS 25/17.2) (Section scheduled to be repealed on January 1, 2026) Sec. 17.2. Teledentistry. (a) As used in this Section, "patient of record" means a patient for whom the patient's most recent Illinois-licensed dentist has obtained a relevant medical and dental history and on whom the dentist has (i) performed a physical examination within the last year; (ii) obtained relevant records that are appropriate for the type of teledentistry service being provided from an in-person examination within the previous 12 months, including a review of the patient's most recent x-rays; or (iii) established a relationship with the patient through an exchange of protected health information for the purpose of providing emergency care, treatment, or services in accordance with subsection (c). (b) A dentist may only practice or utilize teledentistry on a patient of record. A dentist practicing dentistry through teledentistry is subject to the same standard of care and practice standards that are applicable to dental services provided in a clinic or office setting. A dentist may provide and delegate dental services using teledentistry only under the supervision requirements as specified in this Act for in-person care. Prior to providing teledentistry services to a patient, a dentist must obtain informed consent from the patient as to the treatment proposed to be offered through teledentistry by the dentist. A dentist providing teledentistry under this Section shall provide the patient with the his or her name, direct telephone number, and physical practice address. It is a violation of this Act for a provider of dental services rendering care through teledentistry to require a patient to sign an agreement that limits in any way the patient's ability to write a review of services received or file a complaint with the Department or other regulatory agency. The Department shall adopt rules to provide for the use of teledentistry in the State of Illinois. (c) A dentist may treat a patient of record to provide emergent care or conduct an initial consultation using teledentistry for the purpose of treating or assessing for acute pain, infection, injury, or any intraoral or perioral condition that presents immediate harm or discomfort to the patient for which treatment cannot be postponed. A provider of dental services rendering emergent care or conducting an initial consultation through teledentistry must direct the patient to receive appropriate in-person care after the provision of teledentistry services. (Source: P.A. 103-902, eff. 8-9-24.) |
225 ILCS 25/18
(225 ILCS 25/18)
(from Ch. 111, par. 2318)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Acts constituting the practice of dental hygiene;
limitations. (a) A person practices dental hygiene within the meaning of this Act when
he or she performs the following acts under the supervision of a dentist:
(i) the operative procedure of dental hygiene, | | consisting of oral prophylactic procedures;
|
|
(ii) the exposure and processing of X-Ray films of
| | the teeth and surrounding structures;
|
|
(iii) the application to the surfaces of the teeth or
| | gums of chemical compounds designed to be desensitizing agents or effective agents in the prevention of dental caries or periodontal disease;
|
|
(iv) all services which may be performed by a dental
| | assistant as specified by rule pursuant to Section 17, and a dental hygienist may engage in the placing, carving, and finishing of amalgam restorations only after obtaining formal education and certification as determined by the Department;
|
|
(v) administration and monitoring of nitrous oxide
| | upon successful completion of a training program approved by the Department;
|
|
(vi) administration of local anesthetics upon
| | successful completion of a training program approved by the Department; and
|
|
(vii) such other procedures and acts as shall be
| | prescribed by rule or regulation of the Department.
|
|
(b) A dental hygienist may be employed or engaged only:
(1) by a dentist;
(2) by a federal, State, county, or municipal agency
| |
(3) by a public or private school; or
(4) by a public clinic operating under the direction
| | of a hospital or federal, State, county, municipal, or other public agency or institution.
|
|
(c) When employed or engaged in the office of a dentist, a dental hygienist
may
perform, under general supervision, those procedures found in items (i) through
(iv) of
subsection (a) of this Section, provided the patient has been examined by the
dentist
within one year of the provision of dental hygiene services, the dentist has
approved the
dental hygiene services by a notation in the patient's record and the patient
has been
notified that the dentist may be out of the office during the provision of
dental hygiene
services.
(d) If a patient of record is unable to travel to a dental office because of
illness,
infirmity, or
imprisonment, a dental hygienist may perform, under the general supervision of
a dentist,
those procedures found in items (i) through (iv) of subsection (a) of this
Section,
provided the patient is located in a long-term care facility licensed by the
State of Illinois,
a mental health or developmental disability facility, or a State or federal
prison. The dentist
shall either personally examine and diagnose the patient or utilize approved teledentistry communication methods and determine which
services are necessary to be performed, which shall be contained in an order to the hygienist and a notation in the patient's record.
Such order must be implemented within 45 days
of its issuance, and an updated medical history and observation of oral
conditions
must be performed by the hygienist immediately prior to beginning the
procedures to ensure that the patient's health has not changed in any
manner to warrant a reexamination by the dentist.
(e) School-based oral health care,
consisting of and limited to oral prophylactic
procedures, sealants, and fluoride treatments,
may be provided by a dental hygienist
under the general supervision of a dentist. A dental hygienist may not provide
other dental hygiene treatment in a school-based setting, including but not
limited to administration or monitoring of nitrous oxide or administration of
local anesthetics. The school-based procedures may be performed provided the
patient is located at a public or private school and the program is being
conducted by a State, county or local public health department initiative or in
conjunction with a dental school or dental hygiene program.
The dentist shall personally examine and diagnose the patient and
determine
which services are necessary to be performed, which shall be contained in an
order to the
hygienist and a notation in the patient's record. Any such order for sealants must be implemented within 120 days after its issuance. Any such order for oral prophylactic procedures or fluoride treatments must be implemented within 180 days after its issuance. An updated medical history and observation of
oral conditions
must be
performed by the hygienist immediately prior to beginning the procedures to
ensure that
the patient's health has not changed in any manner to warrant a reexamination
by the
dentist.
(f) Without the supervision of a dentist, a dental hygienist
may perform
dental health education functions, including instruction in proper oral health care and dental hygiene in, for example, a school setting, a long-term care facility, and a health fair. In addition, a dental hygienist may record case histories and oral conditions observed at any time prior to a clinical exam by a dentist.
(g) The number of dental hygienists practicing in a dental office shall
not
exceed, at any one time, 4 times the number of dentists practicing in the
office at the time.
(h) A dental hygienist who is certified as a public health dental hygienist may provide services to patients: (1) who are eligible for Medicaid or (2) who are uninsured and whose household income is not greater than 300% of the federal poverty level. A public health dental hygienist may perform oral assessments, perform screenings, and provide educational and preventative services as provided in subsection (b) of Section 18.1 of this Act. The public health dental hygienist may not administer local anesthesia or nitrous oxide, or place, carve, or finish amalgam restorations or provide periodontal therapy under this exception. Each patient must sign a consent form that acknowledges that the care received does not take the place of a regular dental examination. The public health dental hygienist must provide the patient or guardian a written referral to a dentist for assessment of the need for further dental care at the time of treatment. Any indication or observation of a condition that could warrant the need for urgent attention must be reported immediately to the supervising dentist for appropriate assessment and treatment.
This subsection (h) is inoperative on and after January 1, 2026.
(i) A dental hygienist performing procedures listed in paragraphs (1) through (4) of subsection (a) of Section 17.1 must be under the supervision of a dentist, requiring the dentist authorizes the procedure, remains in the dental facility while the procedure is performed, and approves the work performed by the dental hygienist before dismissal of the patient, but the dentist is not required to be present at all times in the treatment room.
(j) A dental hygienist may perform actions described in paragraph (5) of subsection (a) of Section 17.1 under the general supervision of a dentist as described in this Section.
(Source: P.A. 102-936, eff. 1-1-23; 103-431, eff. 1-1-24.)
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225 ILCS 25/18.1 (225 ILCS 25/18.1) (Section scheduled to be repealed on January 1, 2026) Sec. 18.1. Public health dental supervision responsibilities. (a) When working together in a public health supervision relationship, dentists and public health dental hygienists shall enter into a public health supervision agreement. The dentist providing public health supervision must: (1) be available to provide an appropriate level of | | contact, communication, collaboration, and consultation with the public health dental hygienist and must meet in-person with the public health dental hygienist at least quarterly for review and consultation;
|
| (2) have specific standing orders or policy
| | guidelines for procedures that are to be carried out for each location or program, although the dentist need not be present when the procedures are being performed;
|
| (3) provide for the patient's additional necessary
| | care in consultation with the public health dental hygienist;
|
| (4) file agreements and notifications as required; and
(5) include procedures for creating and maintaining
| | dental records, including protocols for transmission of all records between the public health dental hygienist and the dentist following each treatment, which shall include a notation regarding procedures authorized by the dentist and performed by the public health dental hygienist and the location where those records are to be kept.
|
| Each dentist and hygienist who enters into a public health supervision agreement must document and maintain a copy of any change or termination of that agreement.
Dental records shall be owned and maintained by the supervising dentist for all patients treated under public health supervision, unless the supervising dentist is an employee of a public health clinic or federally qualified health center, in which case the public health clinic or federally qualified health center shall maintain the records.
If a dentist ceases to be employed or contracted by the facility, the dentist shall notify the facility administrator that the public health supervision agreement is no longer in effect. A new public health supervision agreement is required for the public health dental hygienist to continue treating patients under public health supervision.
A dentist entering into an agreement under this Section may supervise and enter into agreements for public health supervision with 4 public health dental hygienists. This shall be in addition to the limit of 4 dental hygienists per dentist set forth in subsection (g) of Section 18 of this Act.
(b) A public health dental hygienist providing services under public health supervision may perform only those duties within the accepted scope of practice of dental hygiene, as follows:
(1) the operative procedures of dental hygiene,
| | consisting of oral prophylactic procedures, including prophylactic cleanings, application of fluoride, and placement of sealants;
|
| (2) the exposure and processing of x-ray films of the
| | teeth and surrounding structures; and
|
| (3) such other procedures and acts as shall be
| | prescribed by rule of the Department.
|
| Any patient treated under this subsection (b) must be examined by a dentist before additional services can be provided by a public health dental hygienist. However, if the supervising dentist, after consultation with the public health hygienist, determines that time is needed to complete an approved treatment plan on a patient eligible under this Section, then the dentist may instruct the hygienist to complete the remaining services prior to an oral examination by the dentist. Such instruction by the dentist to the hygienist shall be noted in the patient's records. Any services performed under this exception must be scheduled in a timely manner and shall not occur more than 30 days after the first appointment date.
(c) A public health dental hygienist providing services under public health supervision must:
(1) provide to the patient, parent, or guardian a
| | written plan for referral or an agreement for follow-up that records all conditions observed that should be called to the attention of a dentist for proper diagnosis;
|
| (2) have each patient sign a permission slip or
| | consent form that informs them that the service to be received does not take the place of regular dental checkups at a dental office and is meant for people who otherwise would not have access to the service;
|
| (3) inform each patient who may require further
| | dental services of that need;
|
| (4) maintain an appropriate level of contact and
| | communication with the dentist providing public health supervision; and
|
| (5) complete an additional 4 hours of continuing
| | education in areas specific to public health dentistry yearly.
|
| (d) Each public health dental hygienist who has rendered services under subsections (c), (d), and (e) of this Section must complete a summary report at the completion of a program or, in the case of an ongoing program, at least annually. The report must be completed in the manner specified by the Department of Public Health Oral Health Section including information about each location where the public health dental hygienist has rendered these services. The public health dental hygienist must submit the form to the dentist providing supervision for his or her signature before sending it to the Division. The Department of Public Health Oral Health Section shall compile and publicize public health dental hygienist service data annually.
(e) Public health dental hygienists providing services under public health supervision may be compensated for their work by salary, honoraria, and other mechanisms by the employing or sponsoring entity. Nothing in this Act shall preclude the entity that employs or sponsors a public health dental hygienist from seeking payment, reimbursement, or other source of funding for the services provided.
(e-5) A patient who is provided services under a supervision agreement by a public health dental hygienist as described in this Section does not need to receive a physical examination from a dentist prior to treatment if the public health dental hygienist consults with the supervising dentist prior to performing the teledentistry service.
(f) This Section is repealed on January 1, 2026.
(Source: P.A. 103-431, eff. 1-1-24; 103-902, eff. 8-9-24.)
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225 ILCS 25/19
(225 ILCS 25/19) (from Ch. 111, par. 2319)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19. Licensing applicants from other states. Any person who has
been lawfully licensed to practice dentistry, including the practice of a licensed dental specialty, or dental hygiene in
another state or territory
or as a member of the military service which has and maintains a standard for the practice of dentistry, a dental specialty, or dental
hygiene at least equal to that now maintained in this State, or if the
requirements for licensure in such state or territory in which the
applicant was licensed were, at the date of his or her licensure, substantially
equivalent to the requirements then in force in this State, and who has
been lawfully engaged in
the practice of dentistry or dental hygiene for at least 2 years
immediately preceding the filing of his or her application
to practice in this State
and who shall deposit with the Department a duly attested certificate from
the Board of the state or territory in which he or she is licensed,
certifying to the fact of his or her licensing and of his or her being a
person of good moral character may, upon payment of the required fee, be
granted a license to practice dentistry, a dental specialty, or dental hygiene in this State, as the case may be.
For the purposes of this Section, "substantially equivalent" means that the applicant has presented evidence of completion and graduation from an American Dental Association accredited dental college or school in the United States or Canada, presented evidence that the applicant has passed both parts of the National Board Dental Examination, and successfully completed an examination conducted by a regional testing service.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years,
the application shall be denied, the fee forfeited and the
applicant must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 103-425, eff. 1-1-24.)
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225 ILCS 25/19.1 (225 ILCS 25/19.1)
(Section scheduled to be repealed on January 1, 2026) Sec. 19.1. Temporary authorization of applicants from other jurisdictions. A person holding an active, unencumbered license in good standing in another jurisdiction who applies for a license pursuant to Section 19 of this Act due to a natural disaster or catastrophic event in another jurisdiction, may be temporarily authorized by the Secretary to practice dentistry or dental hygiene under the supervision of a dentist licensed under this Act, pending the issuance of the license. This temporary authorization shall expire upon issuance of the license or upon notification that the Department has denied licensure. The Department may adopt all rules necessary for the administration of this Section.
(Source: P.A. 94-1014, eff. 7-7-06.) |
225 ILCS 25/19.2 (225 ILCS 25/19.2) (Section scheduled to be repealed on January 1, 2026) Sec. 19.2. Temporary permit for free dental care. (a) Upon Board recommendation, the Department may issue a temporary permit authorizing the practice in this State, without compensation, of dentistry to an applicant who is licensed to practice dentistry in another state, if all of the following apply: (1) the Department determines that the applicant's | | services will improve the welfare of Illinois residents who are eligible for Medicaid or who are uninsured and whose household income is not greater than 200% of the federal poverty level;
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| (2) the applicant has graduated from a dental program
| | approved by the American Dental Association's Commission on Dental Accreditation and maintains an equivalent authorization to practice dentistry in good standing in his or her native licensing jurisdiction during the period of the temporary visiting dentist permit and can furnish the Department a certified letter upon request from that jurisdiction attesting to the fact that the applicant has no pending action or violations against his or her license;
|
| (3) the applicant has received an invitation to
| | perform dental care by a charitable organization or has received an invitation to study or receive training on specific dental or clinical subjects or techniques by a licensed continuing education sponsor who is approved by the Department to provide clinical training in the State of Illinois on patients for the welfare of Illinois residents pursuant to subsection (a-5) and is in compliance with the provisions of this Act;
|
| (4) the applicant will be working pursuant to a
| | collaborative agreement with and under the direct supervision of an Illinois licensed dentist, who is in good standing, during the duration of the program. The supervising dentist must be physically present during all clinical training courses; and
|
| (5) payment of a fee established by rule.
The Department may adopt rules to implement this subsection.
(a-5) Upon Board recommendation, after the filing of an application, the Department may allow approved continuing education sponsors to be licensed to provide live patient continuing education clinical training courses if the following requirements are met:
(1) the continuing education course provides
| | services, without compensation, that will improve the welfare of Illinois residents as described in paragraph (1) of subsection (a). The application to the Board must include the following information for review and approval by the Department:
|
| (i) a plan of follow-up care and training models;
(ii) any and all documentation to be signed by
| | the patients, including, but not limited to, waivers, consent forms, and releases;
|
| (iii) information related to the facilities being
| | utilized, staffing plans, and emergency plans;
|
| (iv) the process by which patients will be
| | contacted before, during, and after treatment;
|
| (v) the intended population that will be
| | (vi) proof of valid malpractice insurance for the
| | approved continuing education sponsor that extends coverage to clinical staff, trainees, and out-of-state permit holders that meet the requirements of subsection (a);
|
| (2) a valid written collaborative agreement must
| | exist between the temporary visiting dentist and the Illinois licensed dentist co-treating patients under this Section. The collaborative agreement must include a description of the care to be provided and procedures to be performed by the temporary visiting dentist. There shall be no more than 5 trainees per supervising dentist. A copy of this agreement shall become part of the patient's dental record and shall be made available upon request to the Department; and
|
| (3) payment of a fee established by rule.
A continuing education sponsor license issued under this Section shall be valid for a period of time as provided by rule.
The Department shall adopt rules to implement this subsection.
(b) (Blank).
(c) A temporary permit shall be valid for no longer than 5 consecutive clinical days within 6 months from the date of issuance. The temporary permit may be issued once per year to a visiting dentist. Temporary permits under subsection (a) may be restored no more than one time within 5 years of the initial permits issuance. The Department may require an applicant to pay a fee for the issuance or restoration of a permit under this Section.
(d) (Blank).
(e) The temporary permit shall only permit the holder to practice dentistry within the scope of the dental studies and in conjunction with one of the following:
(1) the charitable organization; or
(2) a continuing education program provided by a
| | continuing education sponsor approved by the Department pursuant to this Section that the permit holder is attending.
|
| (f) The temporary visiting dentist may not administer moderate sedation, deep sedation, or general anesthesia.
(g) A patient who seeks treatment from a temporary visiting dentist must sign a consent form acknowledging that the care the patient will receive will be provided by a dentist not licensed in the State of Illinois and that the Illinois licensed dentist who has the collaborative agreement with the temporary visiting dentist will be responsible for all the follow-up care associated with the treatment rendered to the patient.
(h) An application for the temporary permit shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by a nonrefundable fee established by rule.
(i) An applicant for a temporary permit may be requested to appear before the Board to respond to questions concerning the applicant's qualifications to receive the permit. An applicant's refusal to appear before the Board may be grounds for denial of the application by the Department.
(j) The Secretary may summarily cancel any permit or license issued pursuant to this Section without a hearing if the Secretary finds that evidence in his or her possession indicates that a continuing education sponsor licensed under this Section or a temporary permit holder's continuation in practice would constitute an imminent danger to the public or violate any provision of this Act or its rules. If the Secretary summarily cancels a permit or license issued pursuant to this Section, the permit holder or licensee may petition the Department for a hearing in accordance with the provisions of subsection (b) of Section 26 of this Act to reinstate his or her permit or license.
(k) In addition to terminating any permit or license issued pursuant to this Section, the Department may impose a monetary penalty not to exceed $10,000 upon the temporary permit holder or licensee and may notify any state in which the temporary permit holder or licensee has been issued a license that his or her Illinois permit or license has been terminated and the reasons for the termination. The monetary penalty shall be paid within 60 days after the effective date of the order imposing the penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. It is the intent of the General Assembly that a permit or license issued pursuant to this Section shall be considered a privilege and not a property right.
(Source: P.A. 102-582, eff. 1-1-22; 103-628, eff. 7-1-24.)
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225 ILCS 25/20
(225 ILCS 25/20) (from Ch. 111, par. 2320)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20.
Display of licenses.
Any
person licensed to practice dentistry or dental
hygiene in this State by the Department as hereinbefore provided, shall
at all times display such license or
duplicate original thereof in a conspicuous place, in his or her
office wherein he or she shall practice such profession, and shall further,
whenever requested, exhibit such license to
any of the members of the Department or its authorized agent.
Upon proof by affidavit, the Department shall provide a duplicate if
such person establishes that his or her license is lost or stolen or that he or
she practices at multiple
locations.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/21
(225 ILCS 25/21) (from Ch. 111, par. 2321)
(Section scheduled to be repealed on January 1, 2026)
Sec. 21.
Fees.
The fees for the administration and enforcement of this
Act, including but not limited to original licensure, renewal, and restoration
fees, shall be set by the Department by rule. However, the fee for application
for renewal of a license as a dentist or specialist is $100 per
year and the fee
for application for renewal of a license as a dental hygienist is $50 per
year. The fees
shall be
nonrefundable.
(Source: P.A. 92-523, eff. 2-8-02.)
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225 ILCS 25/22
(225 ILCS 25/22) (from Ch. 111, par. 2322)
(Section scheduled to be repealed on January 1, 2026)
Sec. 22. Returned checks; penalties. Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license to pay
all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the Secretary
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 97-1013, eff. 8-17-12.)
|
225 ILCS 25/23 (225 ILCS 25/23) (from Ch. 111, par. 2323) (Section scheduled to be repealed on January 1, 2026) Sec. 23. Refusal, revocation or suspension of dental licenses. The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper, including imposing fines not to exceed $10,000 per violation, with regard to any license for any one or any combination of the following causes: 1. Fraud or misrepresentation in applying for or | | procuring a license under this Act, or in connection with applying for renewal of a license under this Act.
|
| 2. Inability to practice with reasonable judgment,
| | skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug.
|
| 3. Willful or repeated violations of the rules of the
| | Department of Public Health or Department of Nuclear Safety.
|
| 4. Acceptance of a fee for service as a witness,
| | without the knowledge of the court, in addition to the fee allowed by the court.
|
| 5. Division of fees or agreeing to split or divide
| | the fees received for dental services with any person for bringing or referring a patient, except in regard to referral services as provided for under Section 45, or assisting in the care or treatment of a patient, without the knowledge of the patient or his or her legal representative. Nothing in this item 5 affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this item 5 shall be construed to require an employment arrangement to receive professional fees for services rendered.
|
| 6. Employing, procuring, inducing, aiding or abetting
| | a person not licensed or registered as a dentist or dental hygienist to engage in the practice of dentistry or dental hygiene. The person practiced upon is not an accomplice, employer, procurer, inducer, aider, or abetter within the meaning of this Act.
|
| 7. Making any misrepresentations or false promises,
| | directly or indirectly, to influence, persuade or induce dental patronage.
|
| 8. Professional connection or association with or
| | lending his or her name to another for the illegal practice of dentistry by another, or professional connection or association with any person, firm or corporation holding himself, herself, themselves, or itself out in any manner contrary to this Act.
|
| 9. Obtaining or seeking to obtain practice, money, or
| | any other things of value by false or fraudulent representations, but not limited to, engaging in such fraudulent practice to defraud the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
|
| 10. Practicing under a false or, except as provided
| | 11. Engaging in dishonorable, unethical, or
| | unprofessional conduct of a character likely to deceive, defraud, or harm the public.
|
| 12. Conviction by plea of guilty or nolo contendere,
| | finding of guilt, jury verdict, or entry of judgment or by sentencing for any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that (i) is a felony under the laws of this State or (ii) is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of dentistry.
|
| 13. Permitting a dental hygienist, dental assistant
| | or other person under his or her supervision to perform any operation not authorized by this Act.
|
| 14. Permitting more than 4 dental hygienists to be
| | employed under his or her supervision at any one time.
|
| 15. A violation of any provision of this Act or any
| | rules promulgated under this Act.
|
| 16. Taking impressions for or using the services of
| | any person, firm or corporation violating this Act.
|
| 17. Violating any provision of Section 45 relating to
| | 18. Discipline by another U.S. jurisdiction or
| | foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth within this Act.
|
| 19. Willfully failing to report an instance of
| | suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
|
| 20. Gross negligence in practice under this Act.
21. The use or prescription for use of narcotics or
| | controlled substances or designated products as listed in the Illinois Controlled Substances Act, in any way other than for therapeutic purposes.
|
| 22. Willfully making or filing false records or
| | reports in his or her practice as a dentist, including, but not limited to, false records to support claims against the dental assistance program of the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid).
|
| 23. Professional incompetence as manifested by poor
| | 24. Physical or mental illness, including, but not
| | limited to, deterioration through the aging process, or loss of motor skills which results in a dentist's inability to practice dentistry with reasonable judgment, skill or safety. In enforcing this paragraph, the Department may compel a person licensed to practice under this Act to submit to a mental or physical examination pursuant to the terms and conditions of Section 23b.
|
| 25. Gross or repeated irregularities in billing for
| | services rendered to a patient. For purposes of this paragraph 25, "irregularities in billing" shall include:
|
| (a) Reporting excessive charges for the purpose
| | of obtaining a total payment in excess of that usually received by the dentist for the services rendered.
|
| (b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
| | the purpose of obtaining payment not earned.
|
| 26. Continuing the active practice of dentistry while
| | knowingly having any infectious, communicable, or contagious disease proscribed by rule or regulation of the Department.
|
| 27. Being named as a perpetrator in an indicated
| | report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
|
| 28. Violating the Health Care Worker Self-Referral
| | 29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
| | 31. A finding by the Department that the licensee,
| | after having his or her license placed on probationary status, has violated the terms of probation.
|
| 32. Material misstatement in furnishing information
| | 33. Failing, within 60 days, to provide information
| | in response to a written request by the Department in the course of an investigation.
|
| 34. Immoral conduct in the commission of any act,
| | including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice.
|
| 35. Cheating on or attempting to subvert the
| | licensing examination administered under this Act.
|
| 36. A pattern of practice or other behavior that
| | demonstrates incapacity or incompetence to practice under this Act.
|
| 37. Failure to establish and maintain records of
| | patient care and treatment as required under this Act.
|
| 38. Failure to provide copies of dental records as
| | 39. Failure of a licensed dentist who owns or is
| | employed at a dental office to give notice of an office closure to his or her patients at least 30 days prior to the office closure pursuant to Section 50.1.
|
| 40. Failure to maintain a sanitary work environment.
41. Failure to comply with the provisions of Section
| | All proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, with regard to a license on any of the foregoing grounds, must be commenced within 5 years after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described herein. Except for fraud in procuring a license, no action shall be commenced more than 7 years after the date of the incident or act alleged to have violated this Section. The time during which the holder of the license was outside the State of Illinois shall not be included within any period of time limiting the commencement of disciplinary action by the Department.
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
Any dentist who has had his or her license suspended or revoked for more than 5 years must comply with the requirements for restoration set forth in Section 16 prior to being eligible for reinstatement from the suspension or revocation.
(Source: P.A. 103-425, eff. 1-1-24; 103-902, eff. 8-9-24.)
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225 ILCS 25/23a
(225 ILCS 25/23a) (from Ch. 111, par. 2323a)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23a. The Secretary may, upon receipt of a written
communication from the Secretary of Human Services or the Director of
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or Department of Public Health, that continuation
of practice of a person licensed under this Act constitutes an immediate
danger to the public, immediately suspend the license of such person
without a hearing. In instances in which the Secretary
immediately suspends a license under this Section, a hearing upon such
person's license must be convened by the Board within 15 days after such
suspension and completed without appreciable delay, such hearing held to
determine whether to recommend to the Secretary
that the person's license be revoked, suspended, placed on
probationary status or reinstated, or such person be subject to other
disciplinary action. In such hearing, the written communication and any other
evidence
submitted therewith may be introduced as evidence against such person;
provided however, the person, or his or her counsel, shall have the opportunity to
discredit or impeach such evidence and submit evidence rebutting same.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/23b
(225 ILCS 25/23b)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23b. Requirement for mental and physical examinations under
certain conditions. (a) In enforcing paragraph 24 of Section 23 of this Act, the Department may
compel any individual who is licensed to practice under this Act or who has applied for licensure under this Act, to submit to a mental or
physical examination and evaluation, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense of the
Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation, or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing. The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present
testimony concerning the examination and evaluation of the licensee or
applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an examination and evaluation for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may
have, at his or her own expense, another physician of his or her choice present
during all aspects of this examination. Failure of an individual
to submit to a mental or physical examination and evaluation, or both, when directed shall result in the automatic suspension of his or her license, without hearing, until the individual submits to the
examination if the Department finds, after notice and hearing, that the refusal
to submit to the examination.
(b) If the Department finds an individual unable to practice because of the
reasons set forth in paragraph 24 of Section 23, the Department may require
that
individual to submit to care, counseling, or treatment by physicians approved
or designated by the Department as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice, or in lieu of care,
counseling, or treatment, the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or restrictions, shall be
referred to the Secretary for a determination as to whether the individual shall
have his or her license suspended immediately, pending a hearing by the
Department.
(Source: P.A. 97-1013, eff. 8-17-12.)
|
225 ILCS 25/23c (225 ILCS 25/23c) (Section scheduled to be repealed on January 1, 2026) Sec. 23c. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
225 ILCS 25/24
(225 ILCS 25/24) (from Ch. 111, par. 2324)
(Section scheduled to be repealed on January 1, 2026)
Sec. 24. Refusal, suspension or revocation of dental hygienist license. The
Department may refuse to issue or renew or
may revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may deem proper, including imposing fines not
to exceed $10,000 per violation, with regard to any dental hygienist license
for any one or any combination of the following causes:
1. Fraud or misrepresentation in applying for or | | procuring a license under this Act, or in connection with applying for renewal of a license under this Act.
|
|
2. Performing any operation not authorized by this
| |
3. Practicing dental hygiene other than under the
| | supervision of a licensed dentist as provided by this Act.
|
|
4. The wilful violation of, or the wilful procuring
| | of, or knowingly assisting in the violation of, any Act which is now or which hereafter may be in force in this State relating to the use of habit-forming drugs.
|
|
5. The obtaining of, or an attempt to obtain a
| | license, or practice in the profession, or money, or any other thing of value by fraudulent representation.
|
|
6. Gross negligence in performing the operative
| | procedure of dental hygiene.
|
|
7. Active practice of dental hygiene while knowingly
| | having any infectious, communicable, or contagious disease proscribed by rule or regulation of the Department.
|
|
8. Inability to practice with reasonable judgment,
| | skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug.
|
|
9. Conviction by plea of guilty or nolo contendere,
| | finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that (i) is a felony or (ii) is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of dental hygiene.
|
|
10. Aiding or abetting the unlicensed practice of
| | dentistry or dental hygiene.
|
|
11. Discipline by another U.S. jurisdiction or a
| | foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
|
|
12. Violating the Health Care Worker Self-Referral
| |
13. Violating the prohibitions of Section 38.1 of
| | 14. Engaging in dishonorable, unethical, or
| | unprofessional conduct of a character likely to deceive, defraud, or harm the public.
|
| 15. A finding by the Department that the licensee,
| | after having his or her license placed on probationary status, has violated the terms of probation.
|
|
16. Material misstatement in furnishing information
| | 17. Failing, within 60 days, to provide information
| | in response to a written request by the Department in the course of an investigation.
|
| 18. Immoral conduct in the commission of any act,
| | including, but not limited to, commission of an act of sexual misconduct related to the licensee's practice.
|
| 19. Cheating on or attempting to subvert the
| | licensing examination administered under this Act.
|
| 20. Violations of this Act or of the rules
| | promulgated under this Act.
|
| 21. Practicing under a false or, except as provided
| | The provisions of this Act relating to proceedings for the suspension
and revocation of a license to practice dentistry shall apply to
proceedings for the suspension or revocation of a license as a dental
hygienist.
All proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper with regard to a license on any of the grounds contained in this Section, must be commenced within 5 years after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described in this Section. Except for fraud in procuring a license, no action shall be commenced more than 7 years after the date of the incident or act alleged to have violated this Section. The time during which the holder of the license was outside the State of Illinois shall not be included within any period of time limiting the commencement of disciplinary action by the Department.
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
Any dental hygienist who has had his or her license suspended or revoked for more than 5 years must comply with the requirements for restoration set forth in Section 16 prior to being eligible for reinstatement from the suspension or revocation.
(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/25
(225 ILCS 25/25) (from Ch. 111, par. 2325)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25. Notice of hearing; investigations and informal
conferences. (a) Upon the motion of
either the Department or the Board or upon the verified complaint
in writing of any person setting forth facts which
if proven would constitute grounds for refusal, suspension or revocation
of license under this Act, the Board shall
investigate the actions of any
person, hereinafter called the respondent, who holds or
represents that he
or she holds a license. All such motions or complaints shall be brought to the Board.
(b) Prior to taking an in-person statement from a dentist or
dental hygienist who is the subject of a complaint, the investigator shall
inform the dentist or the dental hygienist in writing:
(1) that the dentist or dental hygienist is the | |
(2) that the dentist or dental hygienist need not
| | immediately proceed with the interview and may seek appropriate consultation prior to consenting to the interview; and
|
|
(3) that failure of the dentist or dental hygienist
| | to proceed with the interview shall not prohibit the Department from conducting a visual inspection of the facility.
|
| A Department investigator's failure to comply with this subsection may not
be the sole ground for dismissal of any order of the Department filed upon a
finding of a violation or for dismissal of a pending investigation.
(b-5) The duly authorized dental investigators of the Department shall have the right to enter and inspect, during business hours, the business premises of a dentist licensed under this Act or of a person who holds himself or herself out as practicing dentistry, with due consideration for patient care of the subject of the investigation, so as to inspect the physical premises and equipment and furnishings therein. This right of inspection shall not include inspection of business, medical, or personnel records located on the premises without a Department subpoena issued in accordance with Section 25.1 of this Act or Section 2105-105 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. For the purposes of this Section, "business premises" means the office or offices where the dentist conducts the practice of dentistry.
(c) If the Department concludes on the basis of a complaint or its initial
investigation that there is a possible violation of the Act,
the
Department may:
(1) schedule a hearing pursuant to this Act; or
(2) request in writing that the dentist or dental
| | hygienist being investigated attend an informal conference with representatives of the Department.
|
|
The request for an informal conference shall contain the nature of the
alleged actions or
inactions that constitute the possible violations.
A dentist or dental hygienist shall be allowed to have legal counsel at the
informal conference. If the informal conference results in a consent order
between the accused dentist or dental hygienist and the Department, the
consent order
must be approved by the Secretary. However, if the consent order would result in a fine exceeding $10,000 or the suspension or revocation of the dentist or dental hygienist license, the consent order must be approved by the Board and the Secretary. Participation in
the informal conference by a dentist, a dental hygienist, or the Department and
any admissions or
stipulations made by a dentist, a dental hygienist, or the Department at the
informal conference,
including any agreements in a consent order that is subsequently disapproved
by either the Board or the Secretary, shall not be used against the dentist,
dental hygienist, or Department at any subsequent hearing and shall not become
a part of the
record of the hearing.
(d) The Secretary shall, before suspending, revoking, placing on
probationary
status, or taking any other disciplinary action as the Secretary may deem
proper with regard to any license, at least 30 days prior
to the date set for the hearing, notify the respondent in
writing of any charges
made and the time and place for a hearing of the charges before the Board,
direct him or her to file his or her written answer thereto to the Board
under oath within 20 days after the service on him or her of such notice
and inform him or her that if he or she fails to file such answer default
will be taken against him or her and his or her license may be suspended,
revoked, placed on probationary status,
or other disciplinary action may be taken with regard thereto, including
limiting the scope, nature or extent of his or her practice, as the Secretary
may deem proper.
(e) Such written notice and any notice in such proceedings thereafter
may be
served by delivery personally to the respondent, or by
registered or
certified mail to the address last theretofore specified by the respondent
in his or her last notification to the Secretary.
(Source: P.A. 99-492, eff. 12-31-15.)
|
225 ILCS 25/25.1 (225 ILCS 25/25.1) (Section scheduled to be repealed on January 1, 2026)
Sec. 25.1. Subpoena powers.
(a) The Department, upon a determination by the chairperson of the Board that reasonable cause exists that a violation of one or more of the grounds for discipline set forth in Section 23 or Section 24 of this Act has occurred or is occurring, may subpoena the dental records of individual patients of dentists and dental hygienists licensed under this Act. (b) Notwithstanding subsection (a) of this Section, the Board and the Department may subpoena copies of hospital, medical, or dental records in mandatory report cases alleging death or permanent bodily injury when consent to obtain the records has not been provided by a patient or a patient's legal representative. All records and other information received pursuant to a subpoena shall be confidential and shall be afforded the same status as information concerning medical studies under Part 21 of Article VIII of the Code of Civil Procedure. The use of these records shall be restricted to members of the Board, the dental coordinator, and appropriate Department staff designated by the Secretary for the purpose of determining the existence of one or more grounds for discipline of the dentist or dental hygienist as provided for in Section 23 or Section 24 of this Act. (c) Any review of an individual patient's records shall be conducted by the Department in strict confidentiality, provided that the patient records shall be admissible in a disciplinary hearing before the Secretary, the Board, or a hearing officer designated by the Department when necessary to substantiate the grounds for discipline alleged against the dentist or dental hygienist licensed under this Act. (d) The Department may provide reimbursement for fees and mileage associated with its subpoena power in the same manner prescribed by law for judicial procedure in a civil case. (e) Nothing in this Section shall be deemed to supersede the provisions of Part 21 of Article VIII of the Code of Civil Procedure, now or hereafter amended, to the extent applicable.
(f) All information gathered by the Department during any investigation, including information subpoenaed under this Act and the investigative file, shall be kept for the confidential use of the Secretary, the dental coordinator, the Board's attorneys, the dental investigative staff, authorized clerical staff, and persons employed by contract to advise the dental coordinator or the Department as provided in this Act, except that the Department may disclose information and documents to (i) a federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation or (ii) a dental licensing authority of another state or jurisdiction pursuant to an official request made by that authority. Any information or documents disclosed by the Department to a federal, State, or local law enforcement agency may only be used by that agency for the investigation and prosecution of a criminal offense. Any information or documents disclosed by the Department to a dental licensing authority of another state or jurisdiction may only be used by that authority for investigations and disciplinary proceedings with regards to a license. This subsection (f) applies only to causes of action accruing on or after the effective date of this amendatory Act of the 96th General Assembly. (Source: P.A. 96-1221, eff. 7-23-10.) |
225 ILCS 25/26
(225 ILCS 25/26) (from Ch. 111, par. 2326)
(Section scheduled to be repealed on January 1, 2026)
Sec. 26. Disciplinary actions.
(a) In case the respondent, after
receiving notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received
the recommendation of the Board, be suspended, revoked, placed on
probationary status, or the Secretary may take whatever disciplinary or non-disciplinary action
he or she may deem proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a hearing, if the
act or acts charged constitute sufficient grounds for such action under this
Act.
(b) The Secretary may temporarily suspend the license of a dentist or dental hygienist without a hearing,
simultaneous to the institution of proceedings for a hearing under this
Act, if the Secretary finds that evidence in his or her possession indicates that a
dentist's or dental hygienist's continuation in practice would constitute
an immediate danger to the public. In the event that the Secretary
temporarily suspends the license of a dentist or a dental hygienist without a hearing, a hearing by the
Board must be held within 15 days after such suspension has occurred.
(c) The entry of a judgment by any circuit court establishing that any
person holding a license under this Act is a
person subject to involuntary admission under the Mental Health and
Developmental Disabilities Code shall operate as a suspension of that
license. That person may resume his or her
practice only upon a finding by the Board that he or she has been
determined to be no longer subject to involuntary admission by the court
and upon the Board's recommendation to the Secretary that he or she be
permitted to resume his or her practice.
(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/27
(225 ILCS 25/27) (from Ch. 111, par. 2327)
(Section scheduled to be repealed on January 1, 2026)
Sec. 27. Hearings. At the time and place fixed in the notice under Section
25, the Board shall proceed to hear the charges and both the respondent and the complainant shall be accorded ample opportunity
to present in person, or by counsel, such statements, testimony,
evidence and argument as may be pertinent to the charges or to any
defense thereto. The Board may continue such hearing from time to
time.
The Board and Department shall have power to subpoena and bring
before the Board any person in this State and to take testimony
either orally or by deposition, or both, with the same fees and mileage
and in the same manner as is prescribed by law for judicial procedure in
civil cases.
The Secretary, the designated hearing officer, and any member of the Board shall have power to administer oaths
at any
hearing which the Department or Board is authorized by law to
conduct.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/28
(225 ILCS 25/28) (from Ch. 111, par. 2328)
(Section scheduled to be repealed on January 1, 2026)
Sec. 28.
Attendance of witnesses - production of document.
Any
circuit court, upon the application of the respondent or
complainant or of the Department or Board, may order the attendance of
witnesses and the production of relevant books and papers before the Board
in any hearing relative to the application for or refusal, recall, suspension
or revocation of a license. The court may compel obedience
to its order by proceedings for contempt.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/29
(225 ILCS 25/29) (from Ch. 111, par. 2329)
(Section scheduled to be repealed on January 1, 2026)
Sec. 29. Recommendations for disciplinary action - action by Secretary. The Board may advise the Secretary that probation be granted or
that other disciplinary action, including the limitation of the scope,
nature or extent of a person's practice, be taken, as it deems proper. If
disciplinary action other than suspension or revocation is taken, the Board
may advise that the Secretary impose reasonable limitations and requirements
upon the respondent to insure compliance with the terms of the
probation or
other disciplinary action, including, but not limited to, regular reporting
by the respondent to the Secretary of his or her actions, or the
respondent's
placing himself or herself under the care of a qualified physician for
treatment or limiting his or her practice in such manner as the Secretary
may require.
The Board shall present to the Secretary a written report of its findings
and recommendations. A copy of such report shall be served upon the
respondent,
either personally or by registered or certified mail. Within 20 days after
such service, the respondent may present to the Department his
or her motion
in writing for a rehearing, specifying the particular ground therefor. If
the respondent orders from the reporting service and pays for a transcript of the record,
the time
elapsing thereafter and before such transcript is ready for delivery to him
or her shall not be counted as part of such 20 days.
At the expiration of the time allowed for filing a motion for rehearing
the Secretary may take the action recommended by the Board. Upon suspension,
revocation, placement on probationary status, or the taking of any other
disciplinary action, including the limiting of the scope, nature, or extent
of one's practice, deemed proper by the Secretary, with regard to the
license, the respondent
shall surrender his or
her license to the Department, if ordered to
do so by the Department, and upon his or her failure or refusal to do so,
the Department may seize the same.
In all instances under this Act in which the Board has rendered a
recommendation to the Secretary with respect to a particular person, the Secretary
shall, to the extent that he or she disagrees with or takes action
contrary to the recommendation of the Board, file with the Board his or her specific written reasons of disagreement. Such
reasons shall be filed within 30 days after the Secretary has taken the
contrary position.
Each order of revocation, suspension, or other disciplinary action shall
contain a brief, concise statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms and conditions
of such action. The original of this document shall be retained as a
permanent record by the Board and the Department. In those instances where
an order of revocation, suspension, or other disciplinary action has been
rendered by virtue of a dentist's or dental hygienist's physical illness,
including, but not limited to, deterioration through the aging process, or
loss of motor skill which results in an inability to practice with
reasonable judgment, skill, or safety, the Department shall permit only
this document and the record of the hearing incident thereto to be
observed, inspected, viewed, or copied pursuant to court order.
(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/30
(225 ILCS 25/30) (from Ch. 111, par. 2330)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30. Appointment of a hearing officer. The Secretary shall have
the authority to appoint any attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer if any action for refusal
to issue, renew or discipline of a license.
The hearing officer shall have full authority to conduct the hearing. The
hearing officer shall report his or her findings and recommendations to the Board
and the Secretary. The Board shall have 60 days from receipt of the report
to review the report of the hearing officer and present its findings of
fact, conclusions of law and recommendations to the Secretary. If the Board
fails to present its report within the 60 day period, the Secretary shall
issue an order based on the report of the hearing officer.
Whenever the Secretary is satisfied that substantial justice has not been done in a formal disciplinary action or refusal to restore a license, he or she may order a reexamination or rehearing by the same or other hearing officer.(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/31
(225 ILCS 25/31) (from Ch. 111, par. 2331)
(Section scheduled to be repealed on January 1, 2026)
Sec. 31. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license,
the Department may
restore the license to the licensee, unless after an investigation and a hearing, the Secretary determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/32
(225 ILCS 25/32) (from Ch. 111, par. 2332)
(Section scheduled to be repealed on January 1, 2026)
Sec. 32. Administrative Review Law; application. All final
administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the Administrative Review
Law, and the rules adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides, but if
the party is not a resident of this State, the venue shall be in
Sangamon County.
The Department shall not be required to certify any record to the court
or file any answer in court or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost.
Failure on the part of the plaintiff to file a receipt in court shall
be grounds for dismissal of the action. During the pendency and hearing
of any and all judicial proceedings incident to a disciplinary action
any sanctions imposed upon the respondent by the Department
because of acts or
omissions related to the delivery of direct patient care as specified in the
Department's final administrative decision, shall as a matter of public
policy remain in full force and effect in order to protect the public
pending final resolution of any of the proceedings.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/33
(225 ILCS 25/33) (from Ch. 111, par. 2333)
(Section scheduled to be repealed on January 1, 2026)
Sec. 33. Revocation orders. An order of revocation, suspension,
placement on probationary status, or other formal disciplinary action as
the Department may deem proper, or a certified copy thereof, over the seal
of the Department and purporting to be signed by the Secretary, is prima facie proof that:
(1) such signature is the genuine signature of the | |
(2) the Secretary is duly appointed and qualified; and
(3) the Board and the members thereof are qualified.
Such proof may be rebutted.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/34
(225 ILCS 25/34) (from Ch. 111, par. 2334)
(Section scheduled to be repealed on January 1, 2026)
Sec. 34.
Confidential information - disclosure.
In all hearings
conducted under this Act, information received,
pursuant to law, relating to any information acquired by a dentist or dental
hygienist in attending any patient in a professional character, and necessary
to professionally serve such patient, shall be deemed strictly confidential
and shall only be made available, either as part of the record of a hearing
hereunder or otherwise: (1) when such record is required, in its entirety,
for purposes of judicial review pursuant to this Act; or (2) upon the
express, written consent of the patient, or in the case of his or her death
or disability, his or her personal representative.
(Source: P.A. 84-365.)
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225 ILCS 25/35
(225 ILCS 25/35)
Sec. 35. (Repealed).
(Source: P.A. 84-365. Repealed by P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/36
(225 ILCS 25/36) (from Ch. 111, par. 2336)
(Section scheduled to be repealed on January 1, 2026)
Sec. 36.
Reports of Violations - Immunity.
Any person licensed under this
Act, the Illinois State Dental Society, Illinois Dental Hygienists
Association, or any other similar group or component society or member thereof,
or any other person, may report to the Board any information such person,
association or society may have which appears to show that a dentist or
dental hygienist is or may be in violation of any of the provisions of this
Act. Any such person, association, or society, participating in good faith
in the making of a report, under the Act, shall have immunity from any
liability, civil, criminal or that otherwise might result by reason of such
action. For the purpose of any proceedings, civil or criminal, the good
faith of any such person, association, or society shall be presumed.
(Source: P.A. 85-946.)
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225 ILCS 25/37
(225 ILCS 25/37) (from Ch. 111, par. 2337)
(Section scheduled to be repealed on January 1, 2026)
Sec. 37. Unlicensed practice; injunctions. The practice of dentistry
by any person not holding a valid
and current license under this Act is declared to be inimical to the public
welfare, to constitute a public nuisance, and to cause irreparable harm to
the public welfare.
A person is considered to practice dentistry who:
(1) employs a dentist, dental hygienist, or other | | entity which can provide dental services under this Act;
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(2) directs or controls the use of any dental
| | equipment or material while such equipment or material is being used for the provision of dental services, provided that this provision shall not be construed to prohibit a person from obtaining professional advice or assistance in obtaining or from leasing the equipment or material, provided the advice, assistance, or lease does not restrict or interfere with the custody, control, or use of the equipment or material by the person;
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(3) directs, controls or interferes with a dentist's
| | or dental hygienist's clinical judgment; or
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(4) exercises direction or control, by written
| | contract, license, or otherwise, over a dentist, dental hygienist, or other entity which can provide dental services under this Act in the selection of a course of treatment; limitation of patient referrals; content of patient records; policies and decisions relating to refunds (if the refund payment would be reportable under federal law to the National Practitioner Data Bank) and warranties and the clinical content of advertising; and final decisions relating to employment of dental assistants and dental hygienists. Nothing in this Act shall, however, be construed as prohibiting the seeking or giving of advice or assistance with respect to these matters.
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The purpose of this Section is to prevent a non-dentist from influencing or
otherwise interfering with the exercise of independent professional judgment by
a dentist, dental hygienist, or other entity which can provide dental services
under this Act. Nothing in this Section
shall be construed to prohibit insurers and managed care plans from operating
pursuant to the applicable provisions of the Illinois Insurance Code under
which the entities are licensed.
The Secretary, the Attorney General, the State's
attorney of any county in the State, or any person may maintain an action
in the name of the People of the State of Illinois, and may apply for
injunctive relief in any circuit court to enjoin such person from engaging in
such practice; and upon the filing of a verified petition in such court,
the court if satisfied by affidavit, or otherwise,
that such person has been engaged in such practice without a valid and
current license so to do, may enter a temporary restraining
order without notice
or bond, enjoining the defendant from such further practice. Only the
showing of non-licensure, by affidavit or otherwise, is necessary in order
for a temporary injunction to issue. A
copy of the verified complaint shall be served
upon the defendant and the proceedings shall thereafter be conducted as
in other civil cases except as modified by this Section. If it is
established that the defendant has been, or is engaged in such unlawful
practice, the court may enter an order or judgment
perpetually enjoining the defendant from further such practice. In all
proceedings hereunder the court, in its discretion, may apportion the costs
among the parties interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses, court reporter
charges and reasonable attorneys' fees. In case of violation of any
injunctive order entered under the provisions of
this Section, the court may summarily try and punish the offender for contempt
of
court. Such injunction proceedings shall be in addition to, and not in
lieu of, all penalties and other remedies provided in this Act.
This Section does not apply to an executor, administrator, guardian, or authorized representative contracting with another dentist or dentists to continue the operations of a deceased or incapacitated dentist's practice under Section 38.2 of this Act.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/37.1
(225 ILCS 25/37.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 37.1.
Cease and desist orders.
If the Department has reason to
believe that a person has violated any provision of Section 8 or 12 of this
Act, the Department may issue a rule to show cause why an order to cease and
desist should not be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall provide a period of 7
days from the date of the rule to file an answer to the satisfaction of the
Department. Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
(Source: P.A. 93-113, eff. 1-1-04.)
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225 ILCS 25/38
(225 ILCS 25/38) (from Ch. 111, par. 2338)
(Section scheduled to be repealed on January 1, 2026)
Sec. 38. Penalty of unlawful practice - second and subsequent
offenses. Any person who practices or offers to practice dentistry in
this State without being licensed for that purpose, or whose license has
been suspended or revoked or is inactive or non-renewed, or who violates any of the provisions of this
Act, for which no specific penalty has been provided herein, is guilty
of a Class A misdemeanor.
Any person who has been previously convicted under any of the provisions
of this Act and who subsequently violates any of the provisions of this
Act is guilty of a Class 4 felony. In addition, whenever any person is
punished as a subsequent offender under this Section, the Secretary
shall proceed to obtain a permanent injunction against such person under
Section 37 of this Act. All fines collected under this Section shall be
deposited in the Professional Regulation Evidence Fund.
(Source: P.A. 97-1013, eff. 8-17-12.)
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225 ILCS 25/38.1
(225 ILCS 25/38.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 38.1. Prohibition against interference by non-dentists. The purpose of
this Section is to ensure that each dentist or dental hygienist practicing in
this State meets minimum requirements for safe practice without clinical
interference by persons not licensed under this Act. It is the legislative
intent that dental services be provided only in accordance with the provisions
of this Act and not be delegated to unlicensed persons.
Unless otherwise authorized by this Act, a dentist or dental hygienist is
prohibited from providing dental services in this State, if the dentist or
dental hygienist:
(1) is employed by any person other than a dentist to | | provide dental services, except as set forth in Section 38.2 of this Act; or
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(2) allows any person other than another dentist to
| | direct, control, or interfere with the dentist's or dental hygienist's clinical judgment. Clinical judgment shall include but not be limited to such matters as the dentist's or dental hygienist's selection of a course of treatment, limitation of patient referrals, content of patient records, policies and decisions relating to refunds (if the refund payment would be reportable under federal law to the National Practitioner Data Bank) and warranties and the clinical content of advertising, and final decisions relating to employment of dental assistants and dental hygienists. This paragraph shall not be construed to limit a patient's right of informed consent. An executor, administrator, guardian, or authorized representative contracting with another dentist or dentists to continue the operations of a deceased or incapacitated dentist's practice under Section 38.2 of this Act who violates this paragraph (2) is subject to the civil penalties set forth in Section 8.5 of this Act.
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(Source: P.A. 94-1028, eff. 1-1-07.)
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225 ILCS 25/38.2 (225 ILCS 25/38.2) (Section scheduled to be repealed on January 1, 2026) Sec. 38.2. Death or incapacitation of dentist.
(a) The executor or administrator of a dentist's estate or the legal guardian or authorized representative of a dentist who has become incapacitated may contract with another dentist or dentists to continue the operations of the deceased or incapacitated dentist's practice (if the practice of the deceased or incapacitated dentist is a sole proprietorship, a corporation where the deceased or incapacitated dentist is the sole shareholder, or a limited liability company where the deceased or incapacitated dentist is the sole member) for a period of one year from the time of death or incapacitation of the dentist or until the practice is sold, whichever occurs first, if all the following conditions are met: (1) The executor, administrator, guardian, or | | authorized representative executes and files with the Department a notification of death or incapacitation on a form provided by the Department, which notification shall include the following:
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| (A) the name and license number of the deceased
| | or incapacitated dentist;
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| (B) the name and address of the dental practice;
(C) the name, address, and tax identification
| | (D) the name and license number of each dentist
| | who will operate the dental practice; and
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| (E) an affirmation, under penalty of perjury,
| | that the information provided is true and correct and that the executor, administrator, guardian, or authorized representative understands that any interference by the executor, administrator, guardian, or authorized representative or any agent or assignee of the executor, administrator, guardian, or authorized representative with the contracting dentist's or dentists' practice of dentistry or professional judgment or any other violation of this Section is grounds for an immediate termination of the operations of the dental practice.
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| (2) Within 30 days after the death or incapacitation
| | of a dentist, the executor, administrator, guardian, or authorized representative shall send notification of the death or incapacitation by mail to the last known address of each patient of record that has seen the deceased or incapacitated dentist within the previous 12 months, with an explanation of how copies of the practitioner's records may be obtained. This notice may also contain any other relevant information concerning the continuation of the dental practice.
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| Continuation of the operations of the dental practice of a deceased or incapacitated dentist shall not begin until the provisions of this subsection (a) have been met.
If the practice is not sold within the initial one-year period, the provision described in subsection (a) may be extended for additional 12-month periods by the Department. However, if the extension is approved, the extension shall not exceed 3 additional 12-month periods. Each extension must be granted prior to the expiration date of the prior extension and must be accompanied by a petition detailing the reasons for the extension that must be kept on file by the Department.
(b) The Secretary may terminate the operations of a dental practice operating pursuant to this Section if the Department has evidence of a violation of this Section or Section 23 or 24 of this Act. The Secretary must conduct a hearing before terminating the operations of a dental practice operating pursuant to this Section. At least 15 days before the hearing date, the Department (i) must notify, in writing, the executor, administrator, guardian, or authorized representative at the address provided, pursuant to item (C) of subdivision (1) of subsection (a) of this Section, and to the contracting dentist or dentists at the address of the dental practice provided pursuant to item (B) of subdivision (1) of subsection (a) of this Section, of any charges made and of the time and place of the hearing on the charges before the Secretary or hearing officer, as provided in Section 30 of this Act, (ii) direct the executor, administrator, guardian, or authorized representative to file his or her written answer to such charges with the Secretary under oath within 10 days after the service on the executor, administrator, guardian, or authorized representative of the notice, and (iii) inform the executor, administrator, guardian, or authorized representative that if he or she fails to file such answer, a default judgment will be entered against him or her and the operations of the dental practice shall be terminated.
(c) If the Secretary finds that evidence in his or her possession indicates that a violation of this Section or Section 23 or 24 of this Act constitutes an immediate threat to the public health, safety, or welfare, the Secretary may immediately terminate the operations of the dental practice without a hearing. Upon service by certified mail to the executor, administrator, guardian, or authorized representative, at the address provided pursuant to item (C) of subdivision (1) of subsection (a) of this Section, and the contracting dentist or dentists, at the address of the dental practice provided pursuant to item (B) of subdivision (1) of subsection (a) of this Section, of notice of an order immediately terminating the operations of the dental practice, the executor, administrator, guardian, or authorized representative may petition the Department within 30 days for a hearing to take place within 30 days after the petition is filed.
(d) The Department may require, by rule, the submission to the Department of any additional information necessary for the administration of this Section.
(Source: P.A. 101-162, eff. 7-26-19.)
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225 ILCS 25/39
(225 ILCS 25/39) (from Ch. 111, par. 2339)
(Section scheduled to be repealed on January 1, 2026)
Sec. 39.
Failure to give notice of change of address - penalty.
Any
failure, neglect or refusal on the part of any person obtaining
a license to practice dentistry from the Department to notify the
Department of any change of address within 90 days thereof
shall effect a forfeiture of such license, and no license, when
once forfeited, shall be restored, except upon payment to the Department of
the fee for such neglect, failure or refusal.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/40
(225 ILCS 25/40) (from Ch. 111, par. 2340)
(Section scheduled to be repealed on January 1, 2026)
Sec. 40.
Filing license or diploma of another.
Any person filing or
attempting to file as his or her own the diploma or
license of another, or a forged affidavit of identification or
qualification, shall be deemed guilty of a Class 3 felony, and upon
conviction thereof, shall be subject to such fine and imprisonment as is
made and provided by the statutes of this State for the crime of forgery.
(Source: P.A. 84-365.)
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225 ILCS 25/41
(225 ILCS 25/41) (from Ch. 111, par. 2341)
(Section scheduled to be repealed on January 1, 2026)
Sec. 41. Dental coordinator. The Department shall select a dental
coordinator, who shall not be a member of the Board. The dental
coordinator shall be a dentist. The dental coordinator shall be the chief
enforcement officer of the disciplinary provisions of this Act.
The Department shall employ, in conformity with the Personnel Code, such investigators as it deems necessary to investigate violations of this Act. Each investigator shall be a college graduate
with at least 2 years' investigative experience or one year of advanced
dental or medical education. The Department shall employ, in conformity
with the Personnel Code, such other professional, technical, investigative
and clerical assistance on either a full or part-time basis, as the
Department deems necessary for the proper performance of its duties. The
Department shall retain and use such hearing officers as it deems
necessary. All employees of the Department shall be directed by, and
answerable to, the Department, with respect to their duties and functions.
(Source: P.A. 99-492, eff. 12-31-15.)
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225 ILCS 25/42
(225 ILCS 25/42) (from Ch. 111, par. 2342)
(Section scheduled to be repealed on January 1, 2026)
Sec. 42.
Dental Disciplinary Fund.
All fees, fines or penalties
received by the Department under this Act shall be deposited in the
Illinois State Dental Disciplinary Fund, a special fund created hereunder
in the State Treasury, and shall be used only by the Department in the
exercise of its powers and performance of its duties under this Act,
including but not limited to the provision for evidence in dental
investigation. All earnings incurred from investment of moneys in the
Illinois State Dental Disciplinary Fund shall be deposited in the Illinois
State Dental Disciplinary Fund and shall be used for the same purpose as
fees deposited in such Fund.
Moneys in the Fund may be transferred to the Professions Indirect Cost Fund
as authorized under Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
(Source: P.A. 91-239, eff. 1-1-00.)
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225 ILCS 25/44
(225 ILCS 25/44) (from Ch. 111, par. 2344)
(Section scheduled to be repealed on January 1, 2026)
Sec. 44. Practice by corporations prohibited; exceptions. No corporation
shall practice dentistry or engage therein, or hold itself out as being
entitled to practice dentistry, or furnish dental services or dentists, or
advertise under or assume the title of dentist or dental surgeon or equivalent
title, or furnish dental advice for any compensation, or advertise or hold
itself out with any other person or alone, that it has or owns a dental office
or can furnish dental service or dentists, or solicit through itself, or its
agents, officers, employees, directors or trustees, dental patronage for any
dentist employed by any corporation.
Nothing contained in this Act, however, shall:
(a) prohibit a corporation from employing a dentist | | or dentists to render dental services to its employees, provided that such dental services shall be rendered at no cost or charge to the employees;
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(b) prohibit a corporation or association from
| | providing dental services upon a wholly charitable basis to deserving recipients;
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(c) prohibit a corporation or association from
| | furnishing information or clerical services which can be furnished by persons not licensed to practice dentistry, to any dentist when such dentist assumes full responsibility for such information or services;
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(d) prohibit dental corporations as authorized by the
| | Professional Service Corporation Act, dental associations as authorized by the Professional Association Act, or dental limited liability companies as authorized by the Limited Liability Company Act;
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(e) prohibit dental limited liability partnerships as
| | authorized by the Uniform Partnership Act (1997);
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(f) prohibit hospitals, public health clinics,
| | federally qualified health centers, or other entities specified by rule of the Department from providing dental services; or
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(g) prohibit dental management service organizations
| | from providing non-clinical business services that do not violate the provisions of this Act.
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Any corporation violating the provisions of this Section is guilty of a
Class A misdemeanor and each day that this Act is violated shall be
considered a separate offense.
If a dental management service organization is responsible for enrolling the dentist as a provider in managed care plans provider networks, it shall provide verification to the managed care provider network regarding whether the provider is accepting new patients at each of the specific locations listing the provider.
Nothing in this Section shall void any contractual relationship between the provider and the organization.
(Source: P.A. 99-329, eff. 1-1-16; 100-201, eff. 8-18-17.)
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225 ILCS 25/44.1
(225 ILCS 25/44.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 44.1.
Nurses; dental care.
Nurses may be employed by
a dentist and may perform those duties
permitted by their licenses.
(Source: P.A. 92-280, eff. 1-1-02.)
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225 ILCS 25/44.5 (225 ILCS 25/44.5) (Section scheduled to be repealed on January 1, 2026) Sec. 44.5. Emergency medical plan; AED. (a) Each dental office in this State must develop and implement a written emergency medical plan, which shall include staff responsibilities and office protocol for emergency procedures. (b) All dental offices that administer anesthesia or sedation, as set forth in Section 8.1 of this Act, must contain at least one automated external defibrillator (AED) on the premises at all times. (c) The owner of a dental office is responsible for complying with the requirements of this Section.
(Source: P.A. 96-748, eff. 1-1-10.) |
225 ILCS 25/45 (225 ILCS 25/45) (from Ch. 111, par. 2345) (Section scheduled to be repealed on January 1, 2026) Sec. 45. Advertising. The purpose of this Section is to authorize and regulate the advertisement by dentists of information which is intended to provide the public with a sufficient basis upon which to make an informed selection of dentists while protecting the public from false or misleading advertisements which would detract from the fair and rational selection process. Any dentist may advertise the availability of dental services in the public media or on the premises where such dental services are rendered. Such advertising shall be limited to the following information: (a) The dental services available; (b) Publication of the dentist's name, title, office | | hours, address and telephone;
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| (c) Information pertaining to his or her area of
| | specialization, including appropriate board certification or limitation of professional practice;
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| (d) Information on usual and customary fees for
| | routine dental services offered, which information shall include notification that fees may be adjusted due to complications or unforeseen circumstances;
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| (e) Announcement of the opening of, change of,
| | absence from, or return to business;
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| (f) Announcement of additions to or deletions from
| | professional dental staff;
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| (g) The issuance of business or appointment cards;
(h) Other information about the dentist, dentist's
| | practice or the types of dental services which the dentist offers to perform which a reasonable person might regard as relevant in determining whether to seek the dentist's services. However, any advertisement which announces the availability of endodontics, pediatric dentistry, periodontics, prosthodontics, orthodontics and dentofacial orthopedics, oral and maxillofacial surgery, or oral and maxillofacial radiology by a general dentist or by a licensed specialist who is not licensed in that specialty shall include a disclaimer stating that the dentist does not hold a license in that specialty.
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| Any dental practice with more than one location that enrolls its dentist as a participating provider in a managed care plan's network must verify electronically or in writing to the managed care plan whether the provider is accepting new patients at each of the specific locations listing the provider. The health plan shall remove the provider from the directory in accordance with standard practices within 10 business days after being notified of the changes by the provider. Nothing in this paragraph shall void any contractual relationship between the provider and the plan.
It is unlawful for any dentist licensed under this Act to do any of the following:
(1) Use claims of superior quality of care to entice
| | (2) Advertise in any way to practice dentistry
| | (3) Pay a fee to any dental referral service or other
| | third party who advertises a dental referral service, unless all advertising of the dental referral service makes it clear that dentists are paying a fee for that referral service.
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| (4) Advertise or offer gifts as an inducement to
| | secure dental patronage. Dentists may advertise or offer free examinations or free dental services; it shall be unlawful, however, for any dentist to charge a fee to any new patient for any dental service provided at the time that such free examination or free dental services are provided.
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| (5) Use the term "sedation dentistry" or similar
| | terms in advertising unless the advertising dentist holds a valid and current permit issued by the Department to administer either general anesthesia, deep sedation, or moderate sedation as required under Section 8.1 of this Act.
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| This Act does not authorize the advertising of dental services when the offeror of such services is not a dentist. Nor shall the dentist use statements which contain false, fraudulent, deceptive or misleading material or guarantees of success, statements which play upon the vanity or fears of the public, or statements which promote or produce unfair competition.
A dentist shall be required to keep a copy of all advertisements for a period of 3 years. All advertisements in the dentist's possession shall indicate the accurate date and place of publication.
The Department shall adopt rules to carry out the intent of this Section.
(Source: P.A. 103-628, eff. 7-1-24.)
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225 ILCS 25/45.5 (225 ILCS 25/45.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 45.5. Third-party financing for dental services. (a) As used in this Section: "Arrange for, broker, or establish" means submitting an application to a third-party creditor, lender, or creditor's intermediary for approval or rejection on behalf of a patient. Submitting an application to a third-party creditor, lender, or creditor's intermediary for approval or rejection includes patient or a patient's guardian's use of a third-party creditor's, lender's, or a creditor's intermediary's patient-facing software, weblink, URL, or QR code that is customized for with the branding of the dental practice. "Arrange for, broker, or establish" does not mean the use of third-party marketing or advertising materials that are not customized for the dental practice. "Financing extended by a third party" includes, but is not limited to, an open end credit plan as defined under the federal Truth-in-Lending Act (15 U.S.C. 1602), a line of credit, or a loan offered or extended by a third party. (b) A dentist, employee of a dentist, or agent of a dentist may not arrange for, broker, or establish financing extended by a third party for a patient. (c) A dentist, employee of a dentist, or agent of a dentist may not complete for a patient or patient's guardian any portion of an application for financing extended by a third party. A dentist, employee of a dentist, or agent of a dentist may not provide the patient or patient's guardian with an electronic device to apply for financing extended by a third party. (d) A dentist, employee of a dentist, or agent of a dentist may not promote, advertise, or provide marketing or application materials for financing extended by a third party to a patient who: (1) has been administered or is under the influence | | of general anesthesia, conscious sedation, moderate sedation, nitrous oxide;
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| (2) is being administered treatment; or
(3) is in a treatment area, including, but not
| | limited to, an exam room, surgical room, or other area when medical treatment is administered, unless an area separated from the treatment area does not exist.
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| (e) A dentist, employee of a dentist, or agent of a dentist must provide the following written notice to a patient or patient's guardian in at least 14-point font when discussing (except to state accepted forms of payment) or providing applications for financing extended by a third party:
"DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE
This is an application for a CREDIT CARD, LINE OF CREDIT, OR LOAN to help you finance or pay for your dental treatment. This credit card, line of credit, or loan IS NOT A PAYMENT PLAN WITH THE DENTIST'S OFFICE. It is a credit card, line of credit, or loan from a third-party financing company. Your dentist does not work for this company. Your dentist may not complete or submit an application for third-party financing on your behalf.
You do not have to apply for a credit card, line of credit, or loan. You may pay your dentist for treatment in another manner. Your dentist's office may offer its own payment plan. You are encouraged to explore any public or private insurance options that may cover your dental treatment.
The lender or creditor may offer a "promotional period" to pay back the credit or loan without interest. After any promotional period ends, you may be charged interest on portions of the balance that have already been paid. If you miss a payment or do not pay on time, you may have to pay a penalty and a higher interest rate. If you do not pay the money that you owe the creditor or lender, then your missed payments can appear on your credit report and could hurt your credit score. You could also be sued by the creditor or lender.
If your dentist's office has completed or submitted an application for third-party financing on your behalf, you may file a complaint by contacting the Illinois Department of Financial and Professional Regulation at [Department website] or by calling [telephone number for Department]."
The Department shall make the disclosure required under this subsection available on the Department's website in English and any other languages deemed necessary by the Department.
(f) The Department may adopt rules to implement this Section.
(g) A violation of this Section is punishable by a fine of up to $500 for the first violation and a fine of up to $1,000 for each subsequent violation. However, the Department may take other disciplinary action if the licensee's conduct also violates Section 23.
(Source: P.A. 103-733, eff. 1-1-25.)
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225 ILCS 25/46
(225 ILCS 25/46) (from Ch. 111, par. 2346)
(Section scheduled to be repealed on January 1, 2026)
Sec. 46.
Patient histories and examinations.
A dentist may perform a
patient history and examination in the office, clinic or other dental
facility or in a hospital, provided that his credentials have been
approved by the hospital medical staff to perform such procedures and that
such histories and examinations are directly related to or incident to the
performance of dental services, operations or surgery.
(Source: P.A. 84-365.)
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225 ILCS 25/47
(225 ILCS 25/47) (from Ch. 111, par. 2347)
(Section scheduled to be repealed on January 1, 2026)
Sec. 47.
Dental laboratories.
Dentists may employ or engage the services
of any dental laboratory to construct or repair, extraorally, prosthetic
dentures, bridges, or other replacements for a part of a tooth, a tooth, or
teeth. A dental laboratory so employed may, with the knowledge of the
dentist, subcontract with another dental
laboratory for all or a portion of such construction or repair. A dental
laboratory so employed or engaged, when
constructing or repairing such dentures, bridges or replacements,
exclusively, directly and solely for dentists,
and not for the public or any part thereof, shall not be deemed
or considered to be practicing dentistry as defined in this Act.
Dental laboratories may advertise, but such advertisements may be directed
only toward dentists. Each advertisement shall contain the following language:
"Available only to licensed dentists". Advertisements in trade journals
or professional publications for dentists, or direct mail solicitations
addressed to dentists, need not contain such language.
(Source: P.A. 84-365.)
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225 ILCS 25/48
(225 ILCS 25/48) (from Ch. 111, par. 2348)
(Section scheduled to be repealed on January 1, 2026)
Sec. 48. Manufacture of dentures, bridges or replacements for
dentists; prescriptions; order; penalties. (a) Any dentist who
employs or engages the services of any dental laboratory to construct or
repair, extraorally, prosthetic dentures, bridges, or other replacements
for a part of a tooth, a tooth, or teeth, or who directs a dental
laboratory to participate in shade selection for a prosthetic appliance,
shall furnish such dental laboratory with a written prescription on forms
prescribed by the Department which shall contain:
(1) The name and address of the dental laboratory to | | which the prescription is directed.
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(2) The patient's name or identification number. If a
| | number is used, the patient's name shall be written upon the duplicate copy of the prescription retained by the dentist.
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(3) The date on which the prescription was written.
(4) A description of the work to be done, including
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(5) A specification of the type and quality of
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(6) The signature of the dentist and the number of
| | his or her license to practice dentistry.
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(b) The dental laboratory receiving a prescription from a
dentist shall retain the original prescription and the dentist shall
retain a duplicate copy thereof for inspection at any reasonable time by
the Department or its duly authorized agents, for a period of 3 years in both cases.
(c) If the dental laboratory receiving a written prescription
from a dentist engages another dental laboratory
(hereinafter referred to as "subcontractor") to perform some of the
services relative to such prescription, it shall furnish a written
order with respect thereto on forms prescribed by the Department
which shall contain:
(1) The name and address of the subcontractor.
(2) A number identifying the order with the original
| | prescription, which number shall be endorsed on the prescription received from the dentist.
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(3) The date on which the order was written.
(4) A description of the work to be done by the
| | subcontractor, including diagrams if necessary.
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(5) A specification of the type and quality of
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(6) The signature of an agent of the dental
| | laboratory issuing the order. The subcontractor shall retain the order and the issuer thereof shall retain a duplicate copy, attached to the prescription received from the dentist, for inspection by the Department or its duly authorized agents, for a period of 3 years in both cases.
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(7) A copy of the order to the subcontractor shall be
| | furnished to the dentist.
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(c-5) Regardless of whether the dental laboratory manufactures the dental appliance or has it manufactured by a subcontractor, the laboratory shall provide to the prescribing dentist the (i) location where the work was done and (ii) source and original location where the materials were obtained.
(d) Any dentist who:
(1) employs or engages the services of any dental
| | laboratory to construct or repair, extraorally, prosthetic dentures, bridges, or other dental appliances without first providing such dental laboratory with a written prescription;
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(2) fails to retain a duplicate copy of the
| | prescription for 3 years; or
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(3) refuses to allow the Department or its duly
| | authorized agents to inspect his or her files of prescriptions;
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is guilty of a Class A
misdemeanor and the Department may revoke or suspend his or her license
therefor.
(e) Any dental laboratory which:
(1) furnishes such services to any dentist without
| | first obtaining a written prescription therefor from such dentist;
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(2) acting as a subcontractor as described in (c)
| | above, furnishes such services to any dental laboratory without first obtaining a written order from such dental laboratory;
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(3) fails to retain the original prescription or
| | order, as the case may be, for 3 years;
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(4) refuses to allow the Department or its duly
| | authorized agents to inspect its files of prescriptions or orders; or
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| (5) fails to provide any information required under
| | this Section to the prescribing dentist;
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is guilty of
a Class A misdemeanor.
(Source: P.A. 94-1014, eff. 7-7-06.)
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225 ILCS 25/49
(225 ILCS 25/49) (from Ch. 111, par. 2349)
(Section scheduled to be repealed on January 1, 2026)
Sec. 49. Identification of dentures. (a) Every complete upper and
lower denture and removable dental prosthesis fabricated by a dentist,
or fabricated pursuant to his or her prescription, shall
be marked with the name of the patient
for whom the prosthesis is intended. The markings shall be done during
fabrication and shall be permanent, legible and cosmetically acceptable.
The exact location of the markings and the methods used to apply or implant
them shall be determined by the dentist or dental laboratory fabricating
the prosthesis. If in the professional judgment of the dentist, this full
identification is not possible, the name may be omitted.
(b) Any removable dental prosthesis in existence
which was not marked in accordance with paragraph (a)
of this Section at the time of fabrication, shall be so marked at the
time of any subsequent rebasing or duplication.
(Source: P.A. 96-617, eff. 8-24-09.)
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225 ILCS 25/50
(225 ILCS 25/50) (from Ch. 111, par. 2350)
(Section scheduled to be repealed on January 1, 2026)
Sec. 50. Patient records. Every dentist shall make
a record of all dental work performed for each patient. The record shall
be made in a manner and in sufficient detail that it may be used for
identification purposes. Dental records are the property of the office in which dentistry is practiced.
Dental records required by this Section shall be maintained for 10 years.
Dental records required to be maintained under this Section, or copies
of those dental records, shall be made available upon request to the
patient or the patient's guardian. A dentist shall be entitled to reasonable reimbursement for the cost of reproducing these records, which shall not exceed the cost allowed under Section 8-2001 of the Code of Civil Procedure. A dentist providing services through a mobile dental van or portable dental unit shall provide to the patient or the patient's parent or guardian, in writing, the dentist's name, license number, address, and information on how the patient or the patient's parent or guardian may obtain the patient's dental records, as provided by law.
(Source: P.A. 103-425, eff. 1-1-24.)
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225 ILCS 25/50.1 (225 ILCS 25/50.1) (Section scheduled to be repealed on January 1, 2026) Sec. 50.1. Closing a dental office. A dental office that is closing and will not continue to offer dentistry services must provide notice to its patients at least 30 days prior to the closure. The notice to patients shall include an explanation of how copies of the patient's records may be accessed or obtained by the patient. The notice may be given by publication in a newspaper of general circulation in the area in which the dental office is located or in an electronic format accessible by patients.(Source: P.A. 103-425, eff. 1-1-24.) |
225 ILCS 25/51
(225 ILCS 25/51) (from Ch. 111, par. 2351)
(Section scheduled to be repealed on January 1, 2026)
Sec. 51. Dispensing drugs or medicine. Any dentist who dispenses any drug
or medicine shall dispense such drug or medicine in good faith and shall
affix to the box, bottle, vessel or package containing the same a label
indicating:
(a) the date on which such drug or medicine is | |
(b) the name of the patient;
(c) the last name of the person dispensing such drug
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(d) the directions for use thereof; and
(e) the proprietary name or names or the established
| | name or names of the drug or medicine, the dosage and quantity, except as otherwise authorized by regulation of the Department.
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This Section shall not apply to drugs and medicines in a package
which bears a label of the manufacturer containing information describing
its contents which is in compliance with requirements of the Federal Food,
Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act and
which is dispensed without consideration by a dentist.
"Drug" and "medicine" have the meanings ascribed to them in the Pharmacy
Practice Act, as now or hereafter amended;
"good faith" has the meaning ascribed to it in subsection (v) of Section
102 of the "Illinois Controlled Substances Act", as amended.
(Source: P.A. 95-689, eff. 10-29-07.)
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225 ILCS 25/53
(225 ILCS 25/53) (from Ch. 111, par. 2353)
(Section scheduled to be repealed on January 1, 2026)
Sec. 53.
Exemption from civil liability for emergency care.
Exemption
from civil liability for emergency care is as provided in the Good Samaritan
Act.
(Source: P.A. 89-607, eff. 1-1-97.)
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225 ILCS 25/54
(225 ILCS 25/54) (from Ch. 111, par. 2354)
(Section scheduled to be repealed on January 1, 2026)
Sec. 54.
Exemption from civil liability for Peer Review Committees.
While serving upon any Peer Review Committee, any dentist shall not be
liable for civil damages as a result of his or her decisions, findings or
recommendations in connection with his or her duties on such committee,
except decisions, findings or recommendations involving his or her wilful
or wanton misconduct. Furthermore, any professional organization,
association or society of dentists, or component thereof, which sponsors,
sanctions or otherwise operates or participates in peer review activities
is hereby afforded the same privileges and immunities afforded to any
member of the peer review committee.
(Source: P.A. 85-946.)
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225 ILCS 25/54.1
(225 ILCS 25/54.1) (from Ch. 111, par. 2354.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 54.1.
Immunity from liability for free dental clinic services.
Exemption from civil liability for free dental clinic services is as provided
in the Good Samaritan Act.
(Source: P.A. 89-607, eff. 1-1-97.)
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225 ILCS 25/54.2 (225 ILCS 25/54.2) (Section scheduled to be repealed on January 1, 2026)
Sec. 54.2. Dental responders. A dentist or dental hygienist who is a dental responder is deemed to be acting within the bounds of his or her license when providing disaster, immunizations, mobile, and humanitarian care during a declared local, State, or national emergency.
(Source: P.A. 99-25, eff. 1-1-16.) |
225 ILCS 25/54.3 (225 ILCS 25/54.3) (Section scheduled to be repealed on January 1, 2026) Sec. 54.3. Vaccinations. (a) Notwithstanding Section 54.2 of this Act, a dentist may administer vaccinations upon completion of appropriate training set forth by rule and approved by the Department on appropriate vaccine storage, proper administration, and addressing contraindications and adverse reactions. Vaccinations shall be limited to patients 18 years of age and older pursuant to a valid prescription or standing order by a physician licensed to practice medicine in all its branches who, in the course of professional practice, administers vaccines to patients. Methods of communication shall be established for consultation with the physician in person or by telecommunications. (b) Vaccinations administered by a dentist shall be limited to influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine). Vaccines shall only be administered by the dentist and shall not be delegated to an assistant or any other person. Vaccination of a patient by a dentist shall be documented in the patient's dental record and the record shall be retained in accordance with current dental recordkeeping standards. The dentist shall notify the patient's primary care physician of each dose of vaccine administered to the patient and shall enter all patient level data or update the patient's current record. The dentist may provide this notice to the patient's physician electronically. In addition, the dentist shall enter all patient level data on vaccines administered in the immunization data registry maintained by the Department of Public Health. (c) A dentist shall only provide vaccinations under this Section if contracted with and credentialed by the patient's health insurance, health maintenance organization, or other health plan to specifically provide the vaccinations allowed under this Section. Persons enrolled in Medicare or Medicaid may only receive the vaccinations allowed for under this Section from dentists who are authorized to do so by the federal Centers for Medicare and Medicaid Services or the Department of Healthcare and Family Services. (d) The Department shall adopt any rules necessary to implement this Section. (e) This Section is repealed on January 1, 2026.
(Source: P.A. 101-162, eff. 7-26-19.) |
225 ILCS 25/55
(225 ILCS 25/55) (from Ch. 111, par. 2355)
(Section scheduled to be repealed on January 1, 2026)
Sec. 55.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the dentist or dental hygienist has the right to
show compliance with all lawful requirements for retention, continuation or
renewal of the license is specifically
excluded. For the purposes of this Act the notice required under Section 10-25
of the Administrative Procedure Act is deemed sufficient when mailed to the
last known address of a party.
(Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
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225 ILCS 25/56
(225 ILCS 25/56) (from Ch. 111, par. 2356)
(Section scheduled to be repealed on January 1, 2026)
Sec. 56.
Construction of Act - existing injunctions.
The provisions of
this Act insofar as they are the same or substantially the same as those of
any prior law, shall be construed as a continuation of such prior law and
not as a new enactment.
Any existing injunction or temporary restraining order validly obtained
under the prior "The Dental Practice Act" which prohibits unlicensed
practice of dentistry or prohibits or requires any other conduct in
connection with the practice of dentistry shall not be invalidated by the
enactment of this Act and shall continue to have full force and effect on
and after the effective date of this Act.
(Source: P.A. 84-365.)
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225 ILCS 25/57
(225 ILCS 25/57) (from Ch. 111, par. 2357)
(Section scheduled to be repealed on January 1, 2026)
Sec. 57.
Reinstatement of existing rules and regulations.
All rules and
regulations in
effect on December 31, 1985 and promulgated pursuant to any Act repealed
herein shall remain in full force and effect on the effective date of this
Act without being promulgated again by the Department, except to the extent
any such rule or regulation is inconsistent with any provision of this Act.
(Source: P.A. 89-80, eff. 6-30-95.)
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