Public Act 095-0399
 		





SB0214 Enrolled
LRB095 06272 RAS 26367 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 Sections 8.1 and 45 as follows:
 



    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 8.1. Permit for the administration of anesthesia and 
sedation.


    (a) No licensed dentist shall administer general 
anesthesia, deep sedation, or
conscious 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 conscious 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) In determining the minimum permit qualifications that 
are necessary to protect public safety, the Department, by 
rule, shall:
        (1) establish the minimum educational and training 
    requirements necessary for a dentist to be issued an 
    appropriate permit;
        (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 conscious sedation is 
    administered, as necessary to protect public safety;
        (3) establish minimum requirements for all persons who 
    assist the dentist in the administration of general 
    anesthesia, deep sedation, or conscious sedation, 
    including minimum training requirements for each member of 
    the dental team, monitoring requirements, recordkeeping 
    requirements, and emergency procedures; and
        (4) ensure that the dentist and all persons assisting 
    the dentist or monitoring the administration of general 
    anesthesia, deep sedation, or conscious sedation maintain 
    current certification in Basic Life Support (BLS).
        (5) establish continuing education requirements in 
    sedation techniques for dentists who possess a permit under 
    this Section.
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 conscious sedation, and a valid 
written practice agreement must exist between the dentist and 
the nurse anesthetist, in accordance with the Nursing and 
Advanced Practice Nursing 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 practice agreement must exist between the 
dentist and the nurse anesthetist, in accordance with the 
Nursing and Advanced Practice Nursing 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 nurse.

(Source: P.A. 92-280, eff. 1-1-02.)


 



    (225 ILCS 25/45)  (from Ch. 111, par. 2345)


    (Section scheduled to be repealed on January 1, 2016)

    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;

    (c) Information pertaining to his or her area of 
specialization, including
appropriate board certification or 
limitation of professional practice;

    (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;

    (e) Announcement of the opening of, change of, absence 
from, or return
to business;

    (f) Announcement of additions to or deletions from 
professional
dental staff;

    (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.

    It is unlawful for any dentist licensed under this Act to 
do any of the following:


        (1) Use
To use testimonials or claims of superior 
    quality of care to
entice the public.
;


        (2) Advertise
To advertise in any way to practice 
    dentistry without causing pain.
;


        (3) Pay
To 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.
; or


        (4) Advertise
To 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.
        (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 conscious 
    sedation as required under Section 8.1 of this Act.


    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. 92-280, eff. 1-1-02.)