Public Act 101-0064
 
HB2676 EnrolledLRB101 07105 JRG 52142 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Dental Practice Act is amended  by 
changing Section 4 and by adding Sections 13.5 and 13.10 as 
follows:
 


    (225 ILCS 25/4)
  (from Ch. 111, par. 2304)


    (Section scheduled to be repealed on January 1, 2026)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 
    dentists.

    "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, and oral and maxillofacial

radiology.

    "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 
approved by rule by the Department  in advanced areas specific 
to public health dentistry, including, but not limited to, 
emergency procedures for medically compromised patients, 
pharmacology, medical recordkeeping procedures, geriatric 
dentistry, pediatric dentistry, pathology, and other areas of 
study as determined by the Department,  and works in a public 
health setting pursuant to a written public health supervision 
agreement as defined by rule by the Department  with a dentist 
working in or 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.
    "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; or a certified 
school-based health center or school-based oral health 
program.
    "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 and whose 
household income is not greater than 200% of the federal 
poverty level. 
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15; 
99-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff. 
1-1-18; 100-863, eff. 8-14-18.)

 
    (225 ILCS 25/13.5  new)
    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
        (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.
    (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;
        (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;
        (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
        (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.
 
    (225 ILCS 25/13.10 new)
    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. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.