HB2912 103RD GENERAL ASSEMBLY

LRB103 30053 AMQ 56476 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2912

Introduced 2/16/2023, by Rep. Lance Yednock

SYNOPSIS AS INTRODUCED:

225 ILCS 25/4	from Ch. 111, par. 2304
225 ILCS 25/6.5 new
225 ILCS 25/7	from Ch. 111, par. 2307
225 ILCS 25/11.5 new
225 ILCS 25/20	from Ch. 111, par. 2320

Amends the Illinois Dental Practice Act. Adds provisions concerning the licensing of denturists by the Department of Financial and Professional Regulation, including qualifications, applications, examinations, and the creation of the Board of Dental Technology. Makes conforming changes. Effective immediately.

A BILL FOR

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, 7, and 20 and by adding Sections 6.5 and 11.5 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(Section scheduled to be repealed on January 1, 2026)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, 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.

"Denture" means any removable full or partial upper or lower prosthetic dental appliance to be worn in the human mouth to replace any missing natural teeth.

"Denturist" means a person licensed under Section 11.5 to engage in the practice of denture technology and who is authorized within the person's scope of practice to provide to the public full or partial upper or lower dentures or other removable nonorthodontic dental appliances intended to be worn in the human mouth.

"Practice of denture technology" means:

(1) constructing, repairing, relining, reproducing, duplicating, supplying, fitting, or altering a denture or other removable nonorthodontic dental appliance intended to be worn in the human mouth in respect of which a service is performed under paragraph (2); and

(2) the following services when performed for a purpose listed in paragraph (1):

(A) the taking of impressions;

(B) the taking of bite registrations;

(C) try-ins of dentures or other removable nonorthodontic dental appliances intended to be worn in the human mouth; and

(D) insertions of dentures or other removable nonorthodontic dental appliances intended to be worn in the human mouth.

"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 and whose household income is not greater than 200% 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. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. 1-1-23.)

(225 ILCS 25/6.5 new)

Sec. 6.5. Board of Denture Technology.

(a) There is created a Board of Dental Technology, which is composed of the following persons appointed by the Secretary: 4 must have practiced denture technology for a period of 5 or more years; one must be an dentist licensed under this Act; and 2 must be members of the public who do not possess the professional qualifications of other members and who are not a spouse, domestic partner, child, parent, or sibling of an active licensed denturist or dentist. 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 shall promptly give due notice to such organizations of any vacancy in the membership of the Board.

(b) The board shall annually elect a chairman and vice-chairman who shall be individuals who have practiced denture technology for a period of 5 or more years.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(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 of Dentistry or the Board of Denture Technology 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 of Dentistry or the Board of Denture Technology and the Department shall review the response of the Board of Dentistry or the Board of Denture Technology and any recommendations made therein. The Department may, at any time, seek the expert advice and knowledge of the Board of Dentistry or the Board of Denture Technology on any matter relating to the administration or enforcement of this Act. The action or report in writing of a majority of the Board of Dentistry or the Board of Denture Technology 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.)

(225 ILCS 25/11.5 new)

Sec. 11.5. Necessity for licensure of denturist.

(a) On or after January 1, 2024, unless a person holds an active license issued under this Section, a person may not:

(1) engage, or offer to engage, in the practice of denture technology; or

(2) use in connection with the name of the person the word "denturist" or any other words, letters, or abbreviations or insignia tending to indicate that such person is engaged in the practice of denture technology.

(b) This Section does not apply to:

(1) a person acting under the supervision of a denturist.

(2) the practice of dentistry or medicine by persons authorized to do so by this State.

(3) a student of denture technology in pursuit of clinical studies under an approved school program, or a person having met the formal educational requirements, who is operating, for no more than 2 years, under the direct supervision of a denturist or a licensed dentist in pursuit of practical clinical experience as required for licensure under this Act.

(c) The Department shall issue a license to practice denture technology to an applicant who, in addition to submitting an application and paying the applicable fees established by rule:

(1) provides to the Department official transcripts verifying completion of an associate degree program in denture technology, or the equivalent in formal, post-secondary education, approved by the Department;

(2) provides to the Department documentation of 1,000 hours of supervised clinical practice in denture technology, completed while enrolled in or after having completed a course of study offered in a post-secondary educational institution, or through equivalent supervised experience, as determined by the Department;

(3) passes a written and a practical examination prescribed, recognized, or approved by the Board of Denture Technology. An applicant who fails the practical examination must complete additional hours of clinical and laboratory training in an approved work experience program, as determined by the Board of Denture Technology, to qualify for reexamination; and

(4) meets other requirements established by the Department by rule.

The educational program required by paragraph (1) of this subsection (c) must include pertinent courses in anatomy, including histology, microbiology, physiology, pharmacology, pathology emphasizing periodontology, dental materials, medical emergencies, geriatrics, professional ethics, clinical denture technology and denture laboratory technology. The board may accept educational training obtained in any other state or country if, upon review of satisfactory evidence, the Department determines that the educational program in the other state or country meets the educational standards prescribed in this Section.

An applicant meets the requirements of paragraph (1) or (2) of this subsection if the applicant provides the Department with documentation of military training or experience that the Department determines is substantially equivalent to the training or experience required by subsection (1) or (2) of this subsection.

The Department may adopt rules providing for waiver of the practical examination requirement.

(d) The Department may adopt rules allowing for issuance of a temporary license to practice denture technology.

(e) Examinations of applicants for licensure under this Section shall be held at least once a year at such times and places as the State Board of Denture Technology may determine. Timely and appropriate notice shall be given to each applicant. The examination shall be sufficiently thorough to determine the qualifications, fitness, and ability of the applicant to practice denture technology. The examination may be in the form of written, oral, or practical demonstration of skills, or a combination of any such types. The examination shall cover at least subjects listed in subsection (c) and any additional subjects required by the Department by rule that are based on changes in industry technology, health care delivery systems, client safety, or scientific infection control techniques.

(f) The Department may issue a license to practice denture technology, without examination, to any person who:

(1) submits an application and pays the applicable fees established by rule;

(2) has satisfied the educational requirements of this Section;

(3) is a denturist licensed under the laws of any other state, the District of Columbia, Canada, or a territory of the United States, and the standards for licensing of denturists in the licensing jurisdiction are determined by the Department to be substantially equivalent to those of this Section;

(4) has passed a written and practical examination that the Department determines to be substantially equivalent to the examination required for licensure in this State; and

(5) has engaged in the full-time active practice of denture technology as a licensed denturist in another jurisdiction for a minimum of 2 years immediately preceding the date of application for licensure under this Section.

(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, denture technology, 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.)

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