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Public Act 096-0617
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| SB0290 Enrolled |
LRB096 04743 ASK 14807 b |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dental Practice Act is amended by |
changing Sections 16, 17, and 49 and by adding Section 7.5 as |
follows:
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(225 ILCS 25/7.5 new)
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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.
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(225 ILCS 25/16) (from Ch. 111, par. 2316)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 16. Expiration, renewal and restoration of licenses.
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The expiration
date and renewal date for each license issued |
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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
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preceding its expiration date by paying the required fee. A |
dental hygienist
shall provide proof of current |
cardiopulmonary resuscitation certification at
the time of |
renewal. Cardiopulmonary resuscitation certification training |
taken as a requirement of this Section shall be counted towards |
the continuing education hours under Section 16.1 of this Act.
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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.
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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
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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 |
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for renewal and payment of an additional fee. A license renewal |
within 90 days after expiration shall be effective |
retroactively to the expiration date.
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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
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clinical experience and may require successful completion of a |
practical
examination.
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However, any person whose license has
expired while he has |
been engaged (1) in federal or state service active
duty, or |
(2) in training or education under the supervision of the |
United
States preliminary to induction into the military |
service, may have his
license 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
furnishes the Department with |
satisfactory proof that he has been so
engaged and that his |
service, training or education has been so terminated.
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(Source: P.A. 94-409, eff. 12-31-05.)
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(225 ILCS 25/17) (from Ch. 111, par. 2317)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 17. Acts Constituting the Practice of Dentistry. A |
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person
practices dentistry, within the meaning of this Act:
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(1) Who represents himself 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
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(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 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, crown, a bridge,
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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 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. |
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 |
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dentistry.
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The following practices, acts, and operations, however, |
are exempt from
the operation of this Act:
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(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 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
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(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
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Administration; or
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(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
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(d) The practice of dentistry by clinical instructors |
in the course of
their teaching duties in dental schools or |
colleges approved by the
Department:
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(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
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(ii) when holding the rank of full professor at |
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such approved dental
school or college and possessing a |
current valid license or authorization
to practice |
dentistry in another country; or
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(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
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(f) The use of X-Ray machines for exposing X-Ray films |
of dental or oral
tissues by dental hygienists or dental |
assistants; or
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(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.
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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:
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(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.
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(2) Removal of, or restoration of, or addition
to |
the hard or soft tissues of the oral cavity.
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(3) Any and all correction of malformation of teeth |
or of the jaws.
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(4) Administration of anesthetics, except for |
application of topical
anesthetics and monitoring of |
nitrous oxide. Monitoring of
nitrous oxide may be |
performed after successful completion of a training
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program approved by the Department.
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(5) Removal of calculus from human teeth.
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(6) Taking of impressions for the fabrication of |
prosthetic
appliances,
crowns,
bridges, inlays, |
onlays, or other restorative or replacement
dentistry.
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(7) The operative procedure of dental hygiene |
consisting of oral
prophylactic procedures, except for |
coronal polishing,
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
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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
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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.
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(h) The practice of dentistry by an individual who:
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(i) has applied in writing to the Department, in |
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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
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passage of the examination specified in subsection |
(e), of Section 9, of this
Act; or
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(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
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(iii) has been accepted or appointed for specialty |
or residency training
by a hospital situated in this |
State; or
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(iv) has been accepted or appointed for specialty |
training in an
approved dental program situated in this |
State; or
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(v) has been accepted or appointed for specialty |
training in a dental
public health agency situated in |
this State.
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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.
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The applicant shall only be entitled to perform such |
acts as may be
prescribed by and incidental to their |
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program of residency or specialty
training and shall not |
otherwise engage in the practice of dentistry in this
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State.
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The authority to practice shall terminate immediately |
upon:
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(1) the decision of the Department that the |
applicant has failed the
examination; or
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(2) denial of licensure by the Department; or
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(3) withdrawal of the application.
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(Source: P.A. 91-594, eff. 1-1-00.)
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(225 ILCS 25/49) (from Ch. 111, par. 2349)
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(Section scheduled to be repealed on January 1, 2016)
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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 or social security number, or both, 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
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identification is not possible, the name or social security |
number may be omitted.
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