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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 9, 16, 16.1, 17, 18, 19, and 50 as | ||||||
6 | follows:
| ||||||
7 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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8 | (Section scheduled to be repealed on January 1, 2016)
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9 | Sec. 4. Definitions. As used in this Act:
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10 | (a) "Department" means the Illinois Department of | ||||||
11 | Professional Regulation.
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12 | (b) "Director" means the Director of Professional | ||||||
13 | Regulation.
| ||||||
14 | (c) "Board" means the Board of Dentistry established by | ||||||
15 | Section 6 of this
Act.
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16 | (d) "Dentist" means a person who has received a general | ||||||
17 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
18 | who may perform any intraoral
and extraoral procedure required | ||||||
19 | in the practice of dentistry and to whom is
reserved the | ||||||
20 | responsibilities specified in Section 17.
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21 | (e) "Dental hygienist" means a person who holds a license | ||||||
22 | under this Act to
perform dental services as authorized by | ||||||
23 | Section 18.
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1 | (f) "Dental assistant" means an appropriately trained | ||||||
2 | person
who, under the supervision of a dentist, provides dental | ||||||
3 | services
as authorized by Section 17.
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4 | (g) "Dental laboratory" means a person, firm or corporation | ||||||
5 | which:
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6 | (i) engages in making, providing, repairing or | ||||||
7 | altering dental
prosthetic appliances and other artificial | ||||||
8 | materials and devices which are
returned to a dentist for | ||||||
9 | insertion into the human oral cavity or which
come in | ||||||
10 | contact with its adjacent structures and tissues; and
| ||||||
11 | (ii) utilizes or employs a dental technician to provide | ||||||
12 | such services; and
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13 | (iii) performs such functions only for a dentist or | ||||||
14 | dentists.
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15 | (h) "Supervision" means supervision of a dental hygienist | ||||||
16 | or a dental
assistant requiring that a dentist authorize the | ||||||
17 | procedure, remain in the
dental facility while the procedure is | ||||||
18 | performed, and approve the work
performed by the dental | ||||||
19 | hygienist or dental assistant before dismissal of
the patient, | ||||||
20 | but does not mean that the dentist must be present at all
times | ||||||
21 | in the treatment room.
| ||||||
22 | (i) "General supervision" means supervision of a dental | ||||||
23 | hygienist
requiring that the patient be a patient of record,
| ||||||
24 | that the dentist
examine the patient in accordance with Section | ||||||
25 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
26 | dentist authorize the procedures which
are being carried
out by |
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1 | a notation in the patient's record, but not requiring that a | ||||||
2 | dentist
be present when the authorized
procedures are being | ||||||
3 | performed. The
issuance of a prescription to a dental | ||||||
4 | laboratory by a
dentist does not constitute general | ||||||
5 | supervision.
| ||||||
6 | (j) "Public member" means a person who is not a health | ||||||
7 | professional.
For purposes of board membership, any person with | ||||||
8 | a significant financial
interest in a health service or | ||||||
9 | profession is not a public member.
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10 | (k) "Dentistry" means the healing art which is concerned | ||||||
11 | with the
examination, diagnosis, treatment planning and care of | ||||||
12 | conditions within
the human oral cavity and its adjacent | ||||||
13 | tissues and structures, as further
specified in Section 17.
| ||||||
14 | (l) "Branches of dentistry" means the various specialties | ||||||
15 | of dentistry
which, for purposes of this Act, shall be limited | ||||||
16 | to the following:
endodontics, oral and maxillofacial surgery, | ||||||
17 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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18 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
19 | radiology.
| ||||||
20 | (m) "Specialist" means a dentist who has received a | ||||||
21 | specialty license
pursuant to Section 11(b).
| ||||||
22 | (n) "Dental technician" means a person who owns, operates | ||||||
23 | or is
employed by a dental laboratory and engages in making, | ||||||
24 | providing, repairing
or altering dental prosthetic appliances | ||||||
25 | and other artificial materials and
devices which are returned | ||||||
26 | to a dentist for insertion into the human oral
cavity or which |
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1 | come in contact with its adjacent structures and tissues.
| ||||||
2 | (o) "Impaired dentist" or "impaired dental hygienist" | ||||||
3 | means a dentist
or dental hygienist who is unable to practice | ||||||
4 | with
reasonable skill and safety because of a physical or | ||||||
5 | mental disability as
evidenced by a written determination or | ||||||
6 | written consent based on clinical
evidence, including | ||||||
7 | deterioration through the aging process, loss of motor
skills, | ||||||
8 | abuse of drugs or alcohol, or a psychiatric disorder, of | ||||||
9 | sufficient
degree to diminish the person's ability to deliver | ||||||
10 | competent patient care.
| ||||||
11 | (p) "Nurse" means a registered professional nurse, a | ||||||
12 | certified registered
nurse anesthetist licensed as an advanced | ||||||
13 | practice
nurse, or a licensed practical nurse licensed under | ||||||
14 | the Nurse Practice Act.
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15 | (q) "Patient of record" means a patient for whom the | ||||||
16 | patient's most recent
dentist has obtained
a
relevant medical | ||||||
17 | and dental history and on whom the dentist has performed an
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18 | examination and evaluated the condition to be treated.
| ||||||
19 | (r) "Dental emergency responder" means a dentist or dental | ||||||
20 | hygienist who is appropriately certified in emergency medical | ||||||
21 | response, as defined by the Department of Public Health.
| ||||||
22 | (s) "Mobile dental van or portable dental unit" means any | ||||||
23 | self-contained or portable dental unit in which dentistry is | ||||||
24 | practiced that can be moved, towed, or transported from one | ||||||
25 | location to another in order to establish a location where | ||||||
26 | dental services can be provided. |
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1 | (Source: P.A. 94-409, eff. 12-31-05; 95-639, eff. 10-5-07.)
| ||||||
2 | (225 ILCS 25/9) (from Ch. 111, par. 2309) | ||||||
3 | (Section scheduled to be repealed on January 1, 2016) | ||||||
4 | Sec. 9. Qualifications of Applicants for Dental Licenses. | ||||||
5 | The
Department shall require that each applicant for a license | ||||||
6 | to
practice dentistry shall: | ||||||
7 | (a) (Blank). | ||||||
8 | (b) Be at least 21 years of age and of good moral | ||||||
9 | character. | ||||||
10 | (c) (1) Present satisfactory evidence of completion of | ||||||
11 | dental
education by graduation from a dental college or | ||||||
12 | school in the United
States or Canada approved by the | ||||||
13 | Department. The Department shall not approve
any dental | ||||||
14 | college or school which does not require at least (A) 60 | ||||||
15 | semester
hours of collegiate credit or the equivalent in | ||||||
16 | acceptable subjects from a
college or university before | ||||||
17 | admission, and (B) completion of at least 4
academic years | ||||||
18 | of instruction or the equivalent in an approved dental | ||||||
19 | college
or school that is accredited by the Commission on | ||||||
20 | Dental Accreditation of the American Dental Association; | ||||||
21 | or | ||||||
22 | (2) Present satisfactory evidence of completion of | ||||||
23 | dental education by
graduation from a dental college or | ||||||
24 | school outside the United States or
Canada and provide | ||||||
25 | satisfactory evidence that: |
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| |||||||
1 | (A) (blank); | ||||||
2 | (B) the applicant has completed a minimum of 2 | ||||||
3 | academic years of general
dental clinical training at a | ||||||
4 | dental college or school in the United States or
Canada | ||||||
5 | approved by the Department, however, an accredited | ||||||
6 | advanced dental education program approved by the | ||||||
7 | Department of no less than 2 years may be substituted | ||||||
8 | for the 2 academic years of general dental clinical | ||||||
9 | training and an applicant who was enrolled
for not less | ||||||
10 | than one year in an approved clinical program prior to | ||||||
11 | January 1,
1993 at an Illinois dental college or school | ||||||
12 | shall be required to complete only
that program; and | ||||||
13 | (C) the applicant has received certification from | ||||||
14 | the dean of an
approved dental college or school in the | ||||||
15 | United States or Canada or the program director of an | ||||||
16 | approved advanced dental education program stating | ||||||
17 | that
the applicant has achieved the same level of | ||||||
18 | scientific knowledge and clinical
competence as | ||||||
19 | required of all graduates of the college, school, or | ||||||
20 | advanced dental education program. | ||||||
21 | Nothing in this Act shall be construed to prevent | ||||||
22 | either the Department or
any dental college or school from | ||||||
23 | establishing higher standards than
specified in this Act. | ||||||
24 | (d) (Blank). | ||||||
25 | (e) Present satisfactory evidence that the applicant | ||||||
26 | has passed both parts of the National Board Dental |
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| |||||||
1 | Examination administered by the Joint Commission on | ||||||
2 | National Dental Examinations and has successfully | ||||||
3 | completed an examination conducted by one of the following | ||||||
4 | regional testing services: the Central Regional Dental | ||||||
5 | Testing Service, Inc. (CRDTS), the Southern Regional | ||||||
6 | Testing Agency, Inc. (SRTA), the Western Regional | ||||||
7 | Examining Board (WREB), or the North East Regional Board | ||||||
8 | (NERB) , or the Council of Interstate Testing Agencies | ||||||
9 | (CITA) . For purposes of this Section, successful | ||||||
10 | completion shall mean that the applicant has achieved a | ||||||
11 | minimum passing score as determined by the applicable | ||||||
12 | regional testing service. The Secretary of the Department | ||||||
13 | may suspend a regional testing service under this | ||||||
14 | subsection (e) if, after proper notice and hearing, it is | ||||||
15 | established that (i) the integrity of the examination has | ||||||
16 | been breached so as to make future test results unreliable | ||||||
17 | or (ii) the test is fundamentally deficient in testing | ||||||
18 | clinical competency. | ||||||
19 | In determining professional capacity under this Section, | ||||||
20 | any
individual who has not been actively engaged in the | ||||||
21 | practice of dentistry,
has not been a dental student, or has | ||||||
22 | not been engaged in a formal program
of dental education during | ||||||
23 | the 5 years immediately preceding the filing of an
application | ||||||
24 | may be required to complete such additional testing, training, | ||||||
25 | or
remedial education as the Board may deem necessary in order | ||||||
26 | to establish
the applicant's present capacity to practice |
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1 | dentistry with reasonable
judgment, skill, and safety. | ||||||
2 | (Source: P.A. 96-14, eff. 6-19-09; 96-1000, eff. 7-2-10; | ||||||
3 | 96-1222, eff. 7-23-10.)
| ||||||
4 | (225 ILCS 25/16) (from Ch. 111, par. 2316)
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5 | (Section scheduled to be repealed on January 1, 2016)
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6 | Sec. 16. Expiration, renewal and restoration of licenses.
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7 | The expiration
date and renewal date for each license issued | ||||||
8 | under this Act shall
be set by
rule. The renewal period for | ||||||
9 | each license issued under this Act shall be 3 years. A dentist | ||||||
10 | or dental hygienist may renew a license during the month
| ||||||
11 | preceding its expiration date by paying the required fee. A | ||||||
12 | dentist or dental hygienist
shall provide proof of current | ||||||
13 | Basic Life Support (BLS) cardiopulmonary resuscitation | ||||||
14 | certification by an organization that has adopted the American | ||||||
15 | Heart Association's guidelines on BLS intended for health care | ||||||
16 | providers at
the time of renewal. Basic Life Support | ||||||
17 | Cardiopulmonary resuscitation certification training taken as | ||||||
18 | a requirement of this Section shall be counted for no more than | ||||||
19 | 4 hours during each licensure period towards the continuing | ||||||
20 | education hours under Section 16.1 of this Act. The Department | ||||||
21 | shall provide by rule for exemptions from this requirement for | ||||||
22 | a dentist or dental hygienist with a physical disability that | ||||||
23 | would preclude him or her from performing BLS.
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24 | Any dentist or dental hygienist whose license has expired | ||||||
25 | or whose license is
on inactive status may have his license |
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1 | restored at any time within 5 years
after the expiration | ||||||
2 | thereof, upon payment of the required fee and a showing of | ||||||
3 | proof of compliance with current continuing education | ||||||
4 | requirements, as provided by rule.
| ||||||
5 | Any person whose license has been expired for more than 5 | ||||||
6 | years or who has
had his license on inactive status for more | ||||||
7 | than 5 years may have his license
restored by making | ||||||
8 | application to the Department and filing proof acceptable to
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9 | the Department of taking continuing education and of his | ||||||
10 | fitness to have the license restored, including sworn
evidence | ||||||
11 | certifying to active practice in another jurisdiction, and by | ||||||
12 | paying
the required restoration fee. A person practicing on an | ||||||
13 | expired license is
deemed to be practicing without a license. | ||||||
14 | However, a holder of a license may renew the license within 90 | ||||||
15 | days after its expiration by complying with the requirements | ||||||
16 | for renewal and payment of an additional fee. A license renewal | ||||||
17 | within 90 days after expiration shall be effective | ||||||
18 | retroactively to the expiration date.
| ||||||
19 | If a person whose license has expired or who has had his | ||||||
20 | license on inactive
status for more than 5 years has not | ||||||
21 | maintained an active practice satisfactory
to the department, | ||||||
22 | the Department shall determine, by
an evaluation process | ||||||
23 | established by rule, his or her fitness to resume
active status | ||||||
24 | and may require the person to complete a period of evaluated
| ||||||
25 | clinical experience and may require successful completion of a | ||||||
26 | practical
examination.
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1 | However, any person whose license has
expired while he has | ||||||
2 | been engaged (1) in federal or state service active
duty, or | ||||||
3 | (2) in training or education under the supervision of the | ||||||
4 | United
States preliminary to induction into the military | ||||||
5 | service, may have his
license restored without paying any | ||||||
6 | lapsed
renewal or restoration fee, if within 2 years after | ||||||
7 | termination of such
service, training or education other than | ||||||
8 | by dishonorable discharge, he
furnishes the Department with | ||||||
9 | satisfactory proof that he has been so
engaged and that his | ||||||
10 | service, training or education has been so terminated.
| ||||||
11 | (Source: P.A. 96-617, eff. 8-24-09.)
| ||||||
12 | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2016)
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14 | Sec. 16.1. Continuing education. The Department shall | ||||||
15 | promulgate
rules of continuing education for persons licensed | ||||||
16 | under
this Act. In establishing rules, the Department shall | ||||||
17 | require a minimum of
48 hours of study in approved courses for | ||||||
18 | dentists during each 3-year
licensing period and a minimum of | ||||||
19 | 36 hours of study in approved courses for
dental hygienists | ||||||
20 | during each 3-year licensing period.
| ||||||
21 | The Department shall approve only courses that are relevant | ||||||
22 | to the
treatment and care of patients, including, but not | ||||||
23 | limited to, clinical
courses in dentistry and dental hygiene | ||||||
24 | and nonclinical courses such as
patient management, legal and | ||||||
25 | ethical responsibilities, and stress
management. The |
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1 | Department shall allow up to 4 hours of continuing education | ||||||
2 | credit hours per license renewal period for volunteer hours | ||||||
3 | spent providing clinical services at, or sponsored by, a | ||||||
4 | nonprofit community clinic, local or state health department, | ||||||
5 | or a charity event. Courses shall not be approved in such | ||||||
6 | subjects as estate and
financial planning, investments, or | ||||||
7 | personal health. Approved courses may
include, but shall not be | ||||||
8 | limited to, courses that are offered or sponsored
by approved | ||||||
9 | colleges, universities, and hospitals and by recognized
| ||||||
10 | national, State, and local dental and dental hygiene | ||||||
11 | organizations.
| ||||||
12 | No license shall be renewed unless the
renewal application | ||||||
13 | is accompanied by an affidavit indicating that the
applicant | ||||||
14 | has completed the required minimum number of hours of | ||||||
15 | continuing
education in approved courses as required by this | ||||||
16 | Section.
The affidavit shall not require a listing of courses. | ||||||
17 | The affidavit
shall be a prima facie evidence that the | ||||||
18 | applicant has obtained the minimum
number of required | ||||||
19 | continuing education hours in approved courses. The
Department | ||||||
20 | shall not be obligated to conduct random
audits or otherwise | ||||||
21 | independently verify that an applicant has met the
continuing | ||||||
22 | education requirement.
The Department, however, may not | ||||||
23 | conduct random audits
of more than 10% of the licensed
dentists | ||||||
24 | and dental hygienists in any one licensing cycle
to verify | ||||||
25 | compliance
with continuing education requirements.
If the | ||||||
26 | Department, however, receives a
complaint that a licensee has |
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1 | not completed the required continuing
education or if the | ||||||
2 | Department is investigating another alleged violation
of this | ||||||
3 | Act by a licensee, the Department may demand and shall be | ||||||
4 | entitled
to receive evidence from any licensee of completion of | ||||||
5 | required
continuing education courses for the most recently | ||||||
6 | completed 3-year
licensing period.
Evidence of continuing | ||||||
7 | education may include, but is not limited to, canceled
checks, | ||||||
8 | official verification forms of attendance, and continuing | ||||||
9 | education
recording forms, that demonstrate a reasonable | ||||||
10 | record of attendance. The
Illinois State Board of
Dentistry | ||||||
11 | shall determine, in accordance with rules adopted by the
| ||||||
12 | Department,
whether a licensee or applicant has met the | ||||||
13 | continuing education
requirements.
Any dentist who holds more | ||||||
14 | than one license under this
Act shall be required to complete
| ||||||
15 | only the minimum number of hours of continuing education | ||||||
16 | required for
renewal of a single license. The Department may | ||||||
17 | provide exemptions from
continuing education requirements. The | ||||||
18 | exemptions shall include, but shall
not be limited to, dentists | ||||||
19 | and dental hygienists who agree not to practice
within the | ||||||
20 | State during the licensing period because they are retired from
| ||||||
21 | practice.
| ||||||
22 | (Source: P.A. 94-409, eff. 12-31-05.)
| ||||||
23 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
25 | Sec. 17. Acts Constituting the Practice of Dentistry. A |
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| |||||||
1 | person
practices dentistry, within the meaning of this Act:
| ||||||
2 | (1) Who represents himself as being able to diagnose or | ||||||
3 | diagnoses,
treats, prescribes, or operates for any | ||||||
4 | disease, pain, deformity, deficiency,
injury, or physical | ||||||
5 | condition of the human tooth, teeth, alveolar process,
gums | ||||||
6 | or jaw; or
| ||||||
7 | (2) Who is a manager, proprietor, operator or conductor | ||||||
8 | of a
business where
dental operations are performed; or
| ||||||
9 | (3) Who performs dental operations of any kind; or
| ||||||
10 | (4) Who uses an X-Ray machine or X-Ray films for
dental | ||||||
11 | diagnostic purposes; or
| ||||||
12 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
13 | attempts to
correct
malpositions of the human teeth or | ||||||
14 | jaws; or
| ||||||
15 | (6) Who offers or undertakes, by any means or method, | ||||||
16 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
17 | materials from human teeth or jaws; or
| ||||||
18 | (7) Who uses or administers local or general | ||||||
19 | anesthetics in the treatment
of dental or oral diseases or | ||||||
20 | in any preparation incident to a dental operation
of any | ||||||
21 | kind or character; or
| ||||||
22 | (8) Who takes impressions of the human tooth, teeth, or | ||||||
23 | jaws or performs
any phase of any operation incident to the | ||||||
24 | replacement of a part of a tooth,
a tooth, teeth or | ||||||
25 | associated tissues by means of a filling, crown, a bridge,
| ||||||
26 | a denture or other appliance; or
|
| |||||||
| |||||||
1 | (9) Who offers to furnish, supply, construct, | ||||||
2 | reproduce or repair, or
who furnishes, supplies, | ||||||
3 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
4 | bridges or other substitutes for natural teeth, to the user | ||||||
5 | or
prospective user thereof; or
| ||||||
6 | (10) Who instructs students on clinical matters or | ||||||
7 | performs any clinical
operation included in the curricula | ||||||
8 | of recognized dental schools and colleges; or
| ||||||
9 | (11) Who takes impressions of human teeth or places his | ||||||
10 | or her hands in the mouth of any person for the purpose of | ||||||
11 | applying teeth whitening materials, or who takes | ||||||
12 | impressions of human teeth or places his or her hands in | ||||||
13 | the mouth of any person for the purpose of assisting in the | ||||||
14 | application of teeth whitening materials. A person does not | ||||||
15 | practice dentistry when he or she discloses to the consumer | ||||||
16 | that he or she is not licensed as a dentist under this Act | ||||||
17 | and (i) discusses the use of teeth whitening materials with | ||||||
18 | a consumer purchasing these materials; (ii) provides | ||||||
19 | instruction on the use of teeth whitening materials with a | ||||||
20 | consumer purchasing these materials; or (iii) provides | ||||||
21 | appropriate equipment on-site to the consumer for the | ||||||
22 | consumer to self-apply teeth whitening materials. | ||||||
23 | The fact that any person engages in or performs, or offers | ||||||
24 | to engage in
or perform, any of the practices, acts, or | ||||||
25 | operations set forth in this
Section, shall be prima facie | ||||||
26 | evidence that such person is engaged in the
practice of |
| |||||||
| |||||||
1 | dentistry.
| ||||||
2 | The following practices, acts, and operations, however, | ||||||
3 | are exempt from
the operation of this Act:
| ||||||
4 | (a) The rendering of dental relief in emergency cases | ||||||
5 | in the practice
of his or her profession by a physician or | ||||||
6 | surgeon, licensed as such
under the laws of this State, | ||||||
7 | unless he undertakes to reproduce or reproduces
lost parts | ||||||
8 | of the human teeth in the mouth or to restore or replace | ||||||
9 | lost
or missing teeth in the mouth; or
| ||||||
10 | (b) The practice of dentistry in the discharge of their | ||||||
11 | official duties
by dentists in any branch of the Armed | ||||||
12 | Services of the United States, the
United States Public | ||||||
13 | Health Service, or the United States Veterans
| ||||||
14 | Administration; or
| ||||||
15 | (c) The practice of dentistry by students in their | ||||||
16 | course of study
in dental schools or colleges approved by | ||||||
17 | the Department, when acting under the
direction and | ||||||
18 | supervision of dentists acting as instructors; or
| ||||||
19 | (d) The practice of dentistry by clinical instructors | ||||||
20 | in the course of
their teaching duties in dental schools or | ||||||
21 | colleges approved by the
Department:
| ||||||
22 | (i) when acting under the direction and | ||||||
23 | supervision of dentists,
provided that such clinical | ||||||
24 | instructors have instructed continuously in
this State | ||||||
25 | since January 1, 1986; or
| ||||||
26 | (ii) when holding the rank of full professor at |
| |||||||
| |||||||
1 | such approved dental
school or college and possessing a | ||||||
2 | current valid license or authorization
to practice | ||||||
3 | dentistry in another country; or
| ||||||
4 | (e) The practice of dentistry by licensed dentists of | ||||||
5 | other states or
countries at meetings of the Illinois State | ||||||
6 | Dental Society or component
parts thereof, alumni meetings | ||||||
7 | of dental colleges, or any other like dental
organizations, | ||||||
8 | while appearing as clinicians; or
| ||||||
9 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
10 | of dental or oral
tissues by dental hygienists or dental | ||||||
11 | assistants; or
| ||||||
12 | (g) The performance of any dental service by a dental | ||||||
13 | assistant, if such
service is performed under the | ||||||
14 | supervision and full responsibility of a
dentist.
| ||||||
15 | For purposes of this paragraph (g), "dental service" is | ||||||
16 | defined to mean
any intraoral procedure or act which shall | ||||||
17 | be prescribed by rule or
regulation of the Department. | ||||||
18 | Dental service, however, shall not include:
| ||||||
19 | (1) Any and all diagnosis of or prescription for | ||||||
20 | treatment of disease,
pain, deformity, deficiency, | ||||||
21 | injury or physical condition of the human teeth
or | ||||||
22 | jaws, or adjacent structures.
| ||||||
23 | (2) Removal of, or restoration of, or addition
to | ||||||
24 | the hard or soft tissues of the oral cavity , except for | ||||||
25 | the placing, carving, and finishing of amalgam | ||||||
26 | restorations by dental assistants who have had |
| |||||||
| |||||||
1 | additional formal education and certification as | ||||||
2 | determined by the Department .
| ||||||
3 | (3) Any and all correction of malformation of teeth | ||||||
4 | or of the jaws.
| ||||||
5 | (4) Administration of anesthetics, except for | ||||||
6 | application of topical
anesthetics and monitoring of | ||||||
7 | nitrous oxide. Monitoring of
nitrous oxide may be | ||||||
8 | performed after successful completion of a training
| ||||||
9 | program approved by the Department.
| ||||||
10 | (5) Removal of calculus from human teeth.
| ||||||
11 | (6) Taking of impressions for the fabrication of | ||||||
12 | prosthetic
appliances,
crowns,
bridges, inlays, | ||||||
13 | onlays, or other restorative or replacement
dentistry.
| ||||||
14 | (7) The operative procedure of dental hygiene | ||||||
15 | consisting of oral
prophylactic procedures, except for | ||||||
16 | coronal polishing,
which may be
performed by a
dental | ||||||
17 | assistant who has successfully completed a training | ||||||
18 | program approved by
the Department. Dental assistants | ||||||
19 | may perform coronal polishing under the
following | ||||||
20 | circumstances: (i) the coronal polishing shall be | ||||||
21 | limited to
polishing the
clinical crown of the tooth | ||||||
22 | and existing restorations, supragingivally; (ii)
the
| ||||||
23 | dental assistant performing the coronal polishing | ||||||
24 | shall be limited to the use
of
rotary instruments using | ||||||
25 | a rubber cup or brush polishing method (air polishing
| ||||||
26 | is
not permitted); and (iii) the supervising dentist |
| |||||||
| |||||||
1 | shall not supervise more
than 4
dental assistants at | ||||||
2 | any one time for the task of coronal polishing.
| ||||||
3 | (h) The practice of dentistry by an individual who:
| ||||||
4 | (i) has applied in writing to the Department, in | ||||||
5 | form and substance
satisfactory to the Department, for | ||||||
6 | a general dental license and has
complied with all | ||||||
7 | provisions of Section 9 of this Act, except for the
| ||||||
8 | passage of the examination specified in subsection | ||||||
9 | (e), of Section 9, of this
Act; or
| ||||||
10 | (ii) has applied in writing to the Department, in | ||||||
11 | form and substance
satisfactory to the Department, for | ||||||
12 | a temporary dental license and has
complied with all | ||||||
13 | provisions of subsection (c), of Section 11, of this | ||||||
14 | Act; and
| ||||||
15 | (iii) has been accepted or appointed for specialty | ||||||
16 | or residency training
by a hospital situated in this | ||||||
17 | State; or
| ||||||
18 | (iv) has been accepted or appointed for specialty | ||||||
19 | training in an
approved dental program situated in this | ||||||
20 | State; or
| ||||||
21 | (v) has been accepted or appointed for specialty | ||||||
22 | training in a dental
public health agency situated in | ||||||
23 | this State.
| ||||||
24 | The applicant shall be permitted to practice dentistry | ||||||
25 | for a period of 3
months from the starting date of the | ||||||
26 | program, unless authorized in writing
by the Department to |
| |||||||
| |||||||
1 | continue such practice for a period specified in
writing by | ||||||
2 | the Department.
| ||||||
3 | The applicant shall only be entitled to perform such | ||||||
4 | acts as may be
prescribed by and incidental to their | ||||||
5 | program of residency or specialty
training and shall not | ||||||
6 | otherwise engage in the practice of dentistry in this
| ||||||
7 | State.
| ||||||
8 | The authority to practice shall terminate immediately | ||||||
9 | upon:
| ||||||
10 | (1) the decision of the Department that the | ||||||
11 | applicant has failed the
examination; or
| ||||||
12 | (2) denial of licensure by the Department; or
| ||||||
13 | (3) withdrawal of the application.
| ||||||
14 | (Source: P.A. 96-617, eff. 8-24-09.)
| ||||||
15 | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
17 | Sec. 18. Acts constituting the practice of dental hygiene;
| ||||||
18 | limitations. | ||||||
19 | (a) A person practices dental hygiene within the meaning of | ||||||
20 | this Act when
he or she performs the following acts under the | ||||||
21 | supervision of a dentist:
| ||||||
22 | (i) the operative procedure of dental hygiene, | ||||||
23 | consisting of oral
prophylactic procedures;
| ||||||
24 | (ii) the exposure and processing of X-Ray films of | ||||||
25 | the teeth and
surrounding structures;
|
| |||||||
| |||||||
1 | (iii) the application to the surfaces of the teeth | ||||||
2 | or gums of chemical
compounds designed to be | ||||||
3 | desensitizing agents or effective agents in the
| ||||||
4 | prevention of dental caries or periodontal disease;
| ||||||
5 | (iv) all services which may be performed by a
| ||||||
6 | dental assistant as specified by rule pursuant to | ||||||
7 | Section 17 , and a dental hygienist may engage in the | ||||||
8 | placing, carving, and finishing of amalgam | ||||||
9 | restorations only after obtaining formal education and | ||||||
10 | certification as determined by the Department ;
| ||||||
11 | (v) administration and monitoring of nitrous oxide | ||||||
12 | upon successful
completion of a
training program | ||||||
13 | approved by the Department;
| ||||||
14 | (vi) administration of local anesthetics upon | ||||||
15 | successful completion of
a
training program approved | ||||||
16 | by the Department; and
| ||||||
17 | (vii) such other procedures and acts as shall be | ||||||
18 | prescribed
by
rule or regulation of the Department.
| ||||||
19 | (b) A dental hygienist may be employed or engaged only:
| ||||||
20 | (1) by a dentist;
| ||||||
21 | (2) by a federal, State, county, or municipal agency or | ||||||
22 | institution;
| ||||||
23 | (3) by a public or private school; or
| ||||||
24 | (4) by a public clinic operating under the direction of | ||||||
25 | a hospital or
federal,
State, county, municipal, or other | ||||||
26 | public agency or institution.
|
| |||||||
| |||||||
1 | (c) When employed or engaged in the office of a dentist, a | ||||||
2 | dental hygienist
may
perform, under general supervision, those | ||||||
3 | procedures found in items (i) through
(iv) of
subsection (a) of | ||||||
4 | this Section, provided the patient has been examined by the
| ||||||
5 | dentist
within one year of the provision of dental hygiene | ||||||
6 | services, the dentist has
approved the
dental hygiene services | ||||||
7 | by a notation in the patient's record and the patient
has been
| ||||||
8 | notified that the dentist may be out of the office during the | ||||||
9 | provision of
dental hygiene
services.
| ||||||
10 | (d) If a patient of record is unable to travel to a dental | ||||||
11 | office because of
illness,
infirmity, or
imprisonment, a dental | ||||||
12 | hygienist may perform, under the general supervision of
a | ||||||
13 | dentist,
those procedures found in items (i) through (iv) of | ||||||
14 | subsection (a) of this
Section,
provided the patient is located | ||||||
15 | in a long-term care facility licensed by the
State of Illinois,
| ||||||
16 | a mental health or developmental disability facility, or a | ||||||
17 | State or federal
prison. The dentist
shall personally examine | ||||||
18 | and diagnose the patient and determine which
services are | ||||||
19 | necessary to be performed, which shall be contained in an order | ||||||
20 | to the hygienist and a notation in the patient's record.
Such | ||||||
21 | order must be implemented within 120 days
of its issuance, and | ||||||
22 | an updated medical history and observation of oral
conditions
| ||||||
23 | must be performed by the hygienist immediately prior to | ||||||
24 | beginning the
procedures to ensure that the patient's health | ||||||
25 | has not changed in any
manner to warrant a reexamination by the | ||||||
26 | dentist.
|
| |||||||
| |||||||
1 | (e) School-based oral health care,
consisting of and | ||||||
2 | limited to oral prophylactic
procedures, sealants, and | ||||||
3 | fluoride treatments,
may be provided by a dental hygienist
| ||||||
4 | under the general supervision of a dentist. A dental hygienist | ||||||
5 | may not provide
other dental hygiene treatment in a | ||||||
6 | school-based setting, including but not
limited to | ||||||
7 | administration or monitoring of nitrous oxide or | ||||||
8 | administration of
local anesthetics. The school-based | ||||||
9 | procedures may be performed provided the
patient is located at | ||||||
10 | a public or private school and the program is being
conducted | ||||||
11 | by a State, county or local public health department initiative | ||||||
12 | or in
conjunction with a dental school or dental hygiene | ||||||
13 | program.
The dentist shall personally examine and diagnose the | ||||||
14 | patient and
determine
which services are necessary to be | ||||||
15 | performed, which shall be contained in an
order to the
| ||||||
16 | hygienist and a notation in the patient's record. Any such | ||||||
17 | order for sealants must be implemented within 120 days after | ||||||
18 | its issuance. Any such order for oral prophylactic procedures | ||||||
19 | or fluoride treatments must be implemented within 180 days | ||||||
20 | after its issuance. An updated medical history and observation | ||||||
21 | of
oral conditions
must be
performed by the hygienist | ||||||
22 | immediately prior to beginning the procedures to
ensure that
| ||||||
23 | the patient's health has not changed in any manner to warrant a | ||||||
24 | reexamination
by the
dentist.
| ||||||
25 | (f) Without the supervision of a dentist, a dental | ||||||
26 | hygienist
may perform
dental health education functions and may |
| |||||||
| |||||||
1 | record case histories and oral
conditions observed.
| ||||||
2 | (g) The number of dental hygienists practicing in a dental | ||||||
3 | office shall
not
exceed, at any one time, 4 times the number of | ||||||
4 | dentists practicing in the
office at the time.
| ||||||
5 | (Source: P.A. 93-113, eff. 1-1-04; 93-821, eff. 7-28-04 .)
| ||||||
6 | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
8 | Sec. 19. Licensing Applicants from other States. Any person | ||||||
9 | who has
been lawfully licensed to practice dentistry, including | ||||||
10 | the practice of a licensed dental specialty, or dental hygiene | ||||||
11 | in
another state or territory
which has and maintains a | ||||||
12 | standard for the practice of dentistry, a dental specialty, or | ||||||
13 | dental
hygiene at least equal to that now maintained in this | ||||||
14 | State, or if the
requirements for licensure in such state or | ||||||
15 | territory in which the
applicant was licensed were, at the date | ||||||
16 | of his licensure, substantially
equivalent to the requirements | ||||||
17 | then in force in this State, and who has
been lawfully engaged | ||||||
18 | in
the practice of dentistry or dental hygiene for at least 3 | ||||||
19 | of the 5 years
immediately preceding the filing of his or her | ||||||
20 | application
to practice in this State
and who shall deposit | ||||||
21 | with the Department a duly attested certificate from
the Board | ||||||
22 | of the state or territory in which he or she is licensed,
| ||||||
23 | certifying to the fact of his or her licensing and of his or | ||||||
24 | her being a
person of good moral character may, upon payment of | ||||||
25 | the required fee, be
granted a license to practice dentistry, a |
| |||||||
| |||||||
1 | dental specialty, or dental hygiene in this State, as the case | ||||||
2 | may be.
| ||||||
3 | For the purposes of this Section, "substantially | ||||||
4 | equivalent" means that the applicant has presented evidence of | ||||||
5 | completion and graduation from an American Dental Association | ||||||
6 | accredited dental college or school in the United States or | ||||||
7 | Canada, presented evidence that the applicant has passed both | ||||||
8 | parts of the National Board Dental Examination, and | ||||||
9 | successfully completed an examination conducted by a regional | ||||||
10 | testing service. In in computing 3 of the immediately
preceding | ||||||
11 | 5 years of
practice in another state or territory, any person | ||||||
12 | who left the practice
of dentistry to enter the military | ||||||
13 | service and who practiced dentistry
while in the military | ||||||
14 | service may count as a part of such period the
time spent by | ||||||
15 | him in such service.
| ||||||
16 | Applicants have 3 years from the date of application to | ||||||
17 | complete the
application process. If the process has not been | ||||||
18 | completed in 3 years,
the application shall be denied, the fee | ||||||
19 | forfeited and the
applicant must reapply and meet the | ||||||
20 | requirements in effect at the time of
reapplication.
| ||||||
21 | (Source: P.A. 94-409, eff. 12-31-05.)
| ||||||
22 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
24 | Sec. 50. Patient Records. Every dentist shall make
a record | ||||||
25 | of all dental work performed for each patient. The record shall
|
| |||||||
| |||||||
1 | be made in a manner and in sufficient detail that it may be | ||||||
2 | used for
identification purposes.
| ||||||
3 | Dental records required by this Section shall be maintained | ||||||
4 | for 10 years.
Dental records required to be maintained under | ||||||
5 | this Section, or copies
of those dental records, shall be made | ||||||
6 | available upon request to the
patient or the patient's | ||||||
7 | guardian. A dentist shall be entitled to reasonable | ||||||
8 | reimbursement for the cost of reproducing these records, which | ||||||
9 | shall not exceed the cost allowed under Section 8-2003 of the | ||||||
10 | Code of Civil Procedure. A dentist providing services through a | ||||||
11 | mobile dental van or portable dental unit shall provide to the | ||||||
12 | patient or the patient's parent or guardian, in writing, the | ||||||
13 | dentist's name, license number, address, and information on how | ||||||
14 | the patient or the patient's parent or guardian may obtain the | ||||||
15 | patient's dental records, as provided by law.
| ||||||
16 | (Source: P.A. 94-409, eff. 12-31-05.)
| ||||||
17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2012.
|