| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning regulation.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Illinois Dental Practice Act is amended by | |||||||||||||||||||||
5 | changing Sections 4 and 17 as follows:
| |||||||||||||||||||||
6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| |||||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2016)
| |||||||||||||||||||||
8 | Sec. 4. Definitions. As used in this Act:
| |||||||||||||||||||||
9 | "Address of record" means the designated address recorded | |||||||||||||||||||||
10 | by the Department in the applicant's or licensee's application | |||||||||||||||||||||
11 | file or license file as maintained by the Department's | |||||||||||||||||||||
12 | licensure maintenance unit. It is the duty of the applicant or | |||||||||||||||||||||
13 | licensee to inform the Department of any change of address and | |||||||||||||||||||||
14 | those changes must be made either through the Department's | |||||||||||||||||||||
15 | website or by contacting the Department. | |||||||||||||||||||||
16 | "Department" means the Department of Financial and | |||||||||||||||||||||
17 | Professional Regulation.
| |||||||||||||||||||||
18 | "Secretary" means the Secretary of Financial and | |||||||||||||||||||||
19 | Professional Regulation.
| |||||||||||||||||||||
20 | "Board" means the Board of Dentistry.
| |||||||||||||||||||||
21 | "Dentist" means a person who has received a general license | |||||||||||||||||||||
22 | pursuant
to paragraph (a) of Section 11 of this Act and who may | |||||||||||||||||||||
23 | perform any intraoral
and extraoral procedure required in the |
| |||||||
| |||||||
1 | practice of dentistry and to whom is
reserved the | ||||||
2 | responsibilities specified in Section 17.
| ||||||
3 | "Dental hygienist" means a person who holds a license under | ||||||
4 | this Act to
perform dental services as authorized by Section | ||||||
5 | 18.
| ||||||
6 | "Dental assistant" means an appropriately trained person
| ||||||
7 | who, under the supervision of a dentist, provides dental | ||||||
8 | services
as authorized by Section 17.
| ||||||
9 | "Dental laboratory" means a person, firm or corporation | ||||||
10 | which:
| ||||||
11 | (i) engages in making, providing, repairing or | ||||||
12 | altering dental
prosthetic appliances and other artificial | ||||||
13 | materials and devices which are
returned to a dentist for | ||||||
14 | insertion into the human oral cavity or which
come in | ||||||
15 | contact with its adjacent structures and tissues; and
| ||||||
16 | (ii) utilizes or employs a dental technician to provide | ||||||
17 | such services; and
| ||||||
18 | (iii) performs such functions only for a dentist or | ||||||
19 | dentists.
| ||||||
20 | "Supervision" means supervision of a dental hygienist or a | ||||||
21 | dental
assistant requiring that a dentist authorize the | ||||||
22 | procedure, remain in the
dental facility while the procedure is | ||||||
23 | performed, and approve the work
performed by the dental | ||||||
24 | hygienist or dental assistant before dismissal of
the patient, | ||||||
25 | but does not mean that the dentist must be present at all
times | ||||||
26 | in the treatment room.
|
| |||||||
| |||||||
1 | "General supervision" means supervision of a dental | ||||||
2 | hygienist
requiring that the patient be a patient of record,
| ||||||
3 | that the dentist
examine the patient in accordance with Section | ||||||
4 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
5 | dentist authorize the procedures which
are being carried
out by | ||||||
6 | a notation in the patient's record, but not requiring that a | ||||||
7 | dentist
be present when the authorized
procedures are being | ||||||
8 | performed. The
issuance of a prescription to a dental | ||||||
9 | laboratory by a
dentist does not constitute general | ||||||
10 | supervision.
| ||||||
11 | "Public member" means a person who is not a health | ||||||
12 | professional.
For purposes of board membership, any person with | ||||||
13 | a significant financial
interest in a health service or | ||||||
14 | profession is not a public member.
| ||||||
15 | "Dentistry" means the healing art which is concerned with | ||||||
16 | the
examination, diagnosis, treatment planning and care of | ||||||
17 | conditions within
the human oral cavity and its adjacent | ||||||
18 | tissues and structures, as further
specified in Section 17.
| ||||||
19 | "Branches of dentistry" means the various specialties of | ||||||
20 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
21 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
22 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
23 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
24 | radiology.
| ||||||
25 | "Specialist" means a dentist who has received a specialty | ||||||
26 | license
pursuant to Section 11(b).
|
| |||||||
| |||||||
1 | "Dental technician" means a person who owns, operates or is
| ||||||
2 | employed by a dental laboratory and engages in making, | ||||||
3 | providing, repairing
or altering dental prosthetic appliances | ||||||
4 | and other artificial materials and
devices which are returned | ||||||
5 | to a dentist for insertion into the human oral
cavity or which | ||||||
6 | come in contact with its adjacent structures and tissues.
| ||||||
7 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
8 | dentist
or dental hygienist who is unable to practice with
| ||||||
9 | reasonable skill and safety because of a physical or mental | ||||||
10 | disability as
evidenced by a written determination or written | ||||||
11 | consent based on clinical
evidence, including deterioration | ||||||
12 | through the aging process, loss of motor
skills, abuse of drugs | ||||||
13 | or alcohol, or a psychiatric disorder, of sufficient
degree to | ||||||
14 | diminish the person's ability to deliver competent patient | ||||||
15 | care.
| ||||||
16 | "Nurse" means a registered professional nurse, a certified | ||||||
17 | registered
nurse anesthetist licensed as an advanced practice
| ||||||
18 | nurse, or a licensed practical nurse licensed under the Nurse | ||||||
19 | Practice Act.
| ||||||
20 | "Patient of record" means a patient for whom the patient's | ||||||
21 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
22 | history and on whom the dentist has performed an
examination | ||||||
23 | and evaluated the condition to be treated.
| ||||||
24 | "Dental emergency responder" means a dentist or dental | ||||||
25 | hygienist who is appropriately certified in emergency medical | ||||||
26 | response, as defined by the Department of Public Health.
|
| |||||||
| |||||||
1 | "Community dental health coordinator" or "CDHC" means a | ||||||
2 | dental assistant, a dental hygienist, or other trained | ||||||
3 | personnel certified by the Board as a community dental health | ||||||
4 | coordinator to provide educational, preventative, and limited | ||||||
5 | palliative care and assessment services under the general | ||||||
6 | supervision of a licensed dentist. | ||||||
7 | "Mobile dental van or portable dental unit" means any | ||||||
8 | self-contained or portable dental unit in which dentistry is | ||||||
9 | practiced that can be moved, towed, or transported from one | ||||||
10 | location to another in order to establish a location where | ||||||
11 | dental services can be provided. | ||||||
12 | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| ||||||
13 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
15 | Sec. 17. Acts Constituting the Practice of Dentistry. A | ||||||
16 | person
practices dentistry, within the meaning of this Act:
| ||||||
17 | (1) Who represents himself or herself as being able to | ||||||
18 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
19 | any disease, pain, deformity, deficiency,
injury, or | ||||||
20 | physical condition of the human tooth, teeth, alveolar | ||||||
21 | process,
gums or jaw; or
| ||||||
22 | (2) Who is a manager, proprietor, operator or conductor | ||||||
23 | of a
business where
dental operations are performed; or
| ||||||
24 | (3) Who performs dental operations of any kind; or
| ||||||
25 | (4) Who uses an X-Ray machine or X-Ray films for
dental |
| |||||||
| |||||||
1 | diagnostic purposes; or
| ||||||
2 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
3 | attempts to
correct
malpositions of the human teeth or | ||||||
4 | jaws; or
| ||||||
5 | (6) Who offers or undertakes, by any means or method, | ||||||
6 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
7 | materials from human teeth or jaws; or
| ||||||
8 | (7) Who uses or administers local or general | ||||||
9 | anesthetics in the treatment
of dental or oral diseases or | ||||||
10 | in any preparation incident to a dental operation
of any | ||||||
11 | kind or character; or
| ||||||
12 | (8) Who takes impressions of the human tooth, teeth, or | ||||||
13 | jaws or performs
any phase of any operation incident to the | ||||||
14 | replacement of a part of a tooth,
a tooth, teeth or | ||||||
15 | associated tissues by means of a filling, crown, a bridge,
| ||||||
16 | a denture or other appliance; or
| ||||||
17 | (9) Who offers to furnish, supply, construct, | ||||||
18 | reproduce or repair, or
who furnishes, supplies, | ||||||
19 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
20 | bridges or other substitutes for natural teeth, to the user | ||||||
21 | or
prospective user thereof; or
| ||||||
22 | (10) Who instructs students on clinical matters or | ||||||
23 | performs any clinical
operation included in the curricula | ||||||
24 | of recognized dental schools and colleges; or
| ||||||
25 | (11) Who takes impressions of human teeth or places his | ||||||
26 | or her hands in the mouth of any person for the purpose of |
| |||||||
| |||||||
1 | applying teeth whitening materials, or who takes | ||||||
2 | impressions of human teeth or places his or her hands in | ||||||
3 | the mouth of any person for the purpose of assisting in the | ||||||
4 | application of teeth whitening materials. A person does not | ||||||
5 | practice dentistry when he or she discloses to the consumer | ||||||
6 | that he or she is not licensed as a dentist under this Act | ||||||
7 | and (i) discusses the use of teeth whitening materials with | ||||||
8 | a consumer purchasing these materials; (ii) provides | ||||||
9 | instruction on the use of teeth whitening materials with a | ||||||
10 | consumer purchasing these materials; or (iii) provides | ||||||
11 | appropriate equipment on-site to the consumer for the | ||||||
12 | consumer to self-apply teeth whitening materials. | ||||||
13 | The fact that any person engages in or performs, or offers | ||||||
14 | to engage in
or perform, any of the practices, acts, or | ||||||
15 | operations set forth in this
Section, shall be prima facie | ||||||
16 | evidence that such person is engaged in the
practice of | ||||||
17 | dentistry.
| ||||||
18 | The following practices, acts, and operations, however, | ||||||
19 | are exempt from
the operation of this Act:
| ||||||
20 | (a) The rendering of dental relief in emergency cases | ||||||
21 | in the practice
of his or her profession by a physician or | ||||||
22 | surgeon, licensed as such
under the laws of this State, | ||||||
23 | unless he or she undertakes to reproduce or reproduces
lost | ||||||
24 | parts of the human teeth in the mouth or to restore or | ||||||
25 | replace lost
or missing teeth in the mouth; or
| ||||||
26 | (b) The practice of dentistry in the discharge of their |
| |||||||
| |||||||
1 | official duties
by dentists in any branch of the Armed | ||||||
2 | Services of the United States, the
United States Public | ||||||
3 | Health Service, or the United States Veterans
| ||||||
4 | Administration; or
| ||||||
5 | (c) The practice of dentistry by students in their | ||||||
6 | course of study
in dental schools or colleges approved by | ||||||
7 | the Department, when acting under the
direction and | ||||||
8 | supervision of dentists acting as instructors; or
| ||||||
9 | (d) The practice of dentistry by clinical instructors | ||||||
10 | in the course of
their teaching duties in dental schools or | ||||||
11 | colleges approved by the
Department:
| ||||||
12 | (i) when acting under the direction and | ||||||
13 | supervision of dentists,
provided that such clinical | ||||||
14 | instructors have instructed continuously in
this State | ||||||
15 | since January 1, 1986; or
| ||||||
16 | (ii) when holding the rank of full professor at | ||||||
17 | such approved dental
school or college and possessing a | ||||||
18 | current valid license or authorization
to practice | ||||||
19 | dentistry in another country; or
| ||||||
20 | (e) The practice of dentistry by licensed dentists of | ||||||
21 | other states or
countries at meetings of the Illinois State | ||||||
22 | Dental Society or component
parts thereof, alumni meetings | ||||||
23 | of dental colleges, or any other like dental
organizations, | ||||||
24 | while appearing as clinicians; or
| ||||||
25 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
26 | of dental or oral
tissues by dental hygienists or dental |
| |||||||
| |||||||
1 | assistants; or
| ||||||
2 | (g) The performance of any dental service by a dental | ||||||
3 | assistant, if such
service is performed under the | ||||||
4 | supervision and full responsibility of a
dentist.
| ||||||
5 | For purposes of this paragraph (g), "dental service" is | ||||||
6 | defined to mean
any intraoral procedure or act which shall | ||||||
7 | be prescribed by rule or
regulation of the Department. | ||||||
8 | Dental service, however, shall not include:
| ||||||
9 | (1) Any and all diagnosis of or prescription for | ||||||
10 | treatment of disease,
pain, deformity, deficiency, | ||||||
11 | injury or physical condition of the human teeth
or | ||||||
12 | jaws, or adjacent structures.
| ||||||
13 | (2) Removal of, or restoration of, or addition
to | ||||||
14 | the hard or soft tissues of the oral cavity, except for | ||||||
15 | the placing, carving, and finishing of amalgam | ||||||
16 | restorations by dental assistants who have had | ||||||
17 | additional formal education and certification as | ||||||
18 | determined by the Department. A dentist utilizing | ||||||
19 | dental assistants shall not supervise more than 4 | ||||||
20 | dental assistants at any one time for placing, carving, | ||||||
21 | and finishing of amalgam restorations.
| ||||||
22 | (3) Any and all correction of malformation of teeth | ||||||
23 | or of the jaws.
| ||||||
24 | (4) Administration of anesthetics, except for | ||||||
25 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
26 | sedation, and general anesthetic as provided in |
| |||||||
| |||||||
1 | Section 8.1 of this Act, that may be performed only | ||||||
2 | after successful completion of a training
program | ||||||
3 | approved by the Department. A dentist utilizing dental | ||||||
4 | assistants shall not supervise more than 4 dental | ||||||
5 | assistants at any one time for the monitoring of | ||||||
6 | nitrous oxide.
| ||||||
7 | (5) Removal of calculus from human teeth.
| ||||||
8 | (6) Taking of impressions for the fabrication of | ||||||
9 | prosthetic
appliances,
crowns,
bridges, inlays, | ||||||
10 | onlays, or other restorative or replacement
dentistry.
| ||||||
11 | (7) The operative procedure of dental hygiene | ||||||
12 | consisting of oral
prophylactic procedures, except for | ||||||
13 | coronal polishing and pit and fissure sealants,
which | ||||||
14 | may be
performed by a
dental assistant who has | ||||||
15 | successfully completed a training program approved by
| ||||||
16 | the Department. Dental assistants may perform coronal | ||||||
17 | polishing under the
following circumstances: (i) the | ||||||
18 | coronal polishing shall be limited to
polishing the
| ||||||
19 | clinical crown of the tooth and existing restorations, | ||||||
20 | supragingivally; (ii)
the
dental assistant performing | ||||||
21 | the coronal polishing shall be limited to the use
of
| ||||||
22 | rotary instruments using a rubber cup or brush | ||||||
23 | polishing method (air polishing
is
not permitted); and | ||||||
24 | (iii) the supervising dentist shall not supervise more
| ||||||
25 | than 4
dental assistants at any one time for the task | ||||||
26 | of coronal polishing or pit and fissure sealants.
|
| |||||||
| |||||||
1 | The limitations on the number of dental assistants a | ||||||
2 | dentist may supervise contained in items (2), (4), and (7) | ||||||
3 | of this paragraph (g) Section mean a limit of 4 total | ||||||
4 | dental assistants or dental hygienists doing expanded | ||||||
5 | functions covered by these Sections being supervised by one | ||||||
6 | dentist. | ||||||
7 | (g-5) A community dental health coordinator working | ||||||
8 | under the general supervision of a dentist and in | ||||||
9 | accordance with the rules adopted by the Department may | ||||||
10 | perform functions for which the community dental health | ||||||
11 | coordinator meets training and educational standards | ||||||
12 | established by the Department and that are not expressly | ||||||
13 | prohibited by statute or rules adopted by the Department. A | ||||||
14 | dentist utilizing community dental health coordinators | ||||||
15 | shall not supervise more than 4 CDHC's at one time.
| ||||||
16 | (h) The practice of dentistry by an individual who:
| ||||||
17 | (i) has applied in writing to the Department, in | ||||||
18 | form and substance
satisfactory to the Department, for | ||||||
19 | a general dental license and has
complied with all | ||||||
20 | provisions of Section 9 of this Act, except for the
| ||||||
21 | passage of the examination specified in subsection | ||||||
22 | (e) , of Section 9 , of this
Act; or
| ||||||
23 | (ii) has applied in writing to the Department, in | ||||||
24 | form and substance
satisfactory to the Department, for | ||||||
25 | a temporary dental license and has
complied with all | ||||||
26 | provisions of subsection (c) , of Section 11 , of this |
| |||||||
| |||||||
1 | Act; and
| ||||||
2 | (iii) has been accepted or appointed for specialty | ||||||
3 | or residency training
by a hospital situated in this | ||||||
4 | State; or
| ||||||
5 | (iv) has been accepted or appointed for specialty | ||||||
6 | training in an
approved dental program situated in this | ||||||
7 | State; or
| ||||||
8 | (v) has been accepted or appointed for specialty | ||||||
9 | training in a dental
public health agency situated in | ||||||
10 | this State.
| ||||||
11 | The applicant shall be permitted to practice dentistry | ||||||
12 | for a period of 3
months from the starting date of the | ||||||
13 | program, unless authorized in writing
by the Department to | ||||||
14 | continue such practice for a period specified in
writing by | ||||||
15 | the Department.
| ||||||
16 | The applicant shall only be entitled to perform such | ||||||
17 | acts as may be
prescribed by and incidental to his or her | ||||||
18 | program of residency or specialty
training and shall not | ||||||
19 | otherwise engage in the practice of dentistry in this
| ||||||
20 | State.
| ||||||
21 | The authority to practice shall terminate immediately | ||||||
22 | upon:
| ||||||
23 | (1) the decision of the Department that the | ||||||
24 | applicant has failed the
examination; or
| ||||||
25 | (2) denial of licensure by the Department; or
| ||||||
26 | (3) withdrawal of the application.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | ||||||
2 | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | ||||||
3 | 8-16-13; revised 11-14-13.)
|