102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4501

 

Introduced 1/21/2022, by Rep. Katie Stuart and Margaret Croke

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 25/4  from Ch. 111, par. 2304
225 ILCS 25/17  from Ch. 111, par. 2317
225 ILCS 25/17.1

    Amends the Illinois Dental Practice Act. Provides that a person who uses teledentistry is considered to practice dentistry under the Act. Provides that a dentist may utilize and delegate dental services to a dental hygienist or dental assistant using telehealth only under the supervision requirements as specified in the Act for in-person patient care. Provides that a dental assistant who has at least 2,000 hours of direct clinical patient care experience continuing education provider approved by the Department of Financial and Professional Regulation may perform specified procedures. Provides that a dental assistant who has completed specified training may perform coronal scaling and intracoronal temporization of a tooth under the supervision of a dentist. Changes the definition "public health setting" to include a prison. Changes the definition of "teledentistry" to include limited patient diagnosis and treatment planning (rather than patient care) using synchronous and asynchronous communications under an Illinois licensed dentist's authority (rather than a dentist's authority).


LRB102 22484 SPS 31624 b

 

 

A BILL FOR

 

HB4501LRB102 22484 SPS 31624 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 17, and 17.1 as follows:
 
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Text of Section before amendment by P.A. 102-93)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general
23license pursuant to paragraph (a) of Section 11 of this Act and

 

 

HB4501- 2 -LRB102 22484 SPS 31624 b

1who may perform any intraoral and extraoral procedure required
2in the practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm or corporation
14which:
15        (i) engages in making, providing, repairing or
16    altering dental prosthetic appliances and other artificial
17    materials and devices which are returned to a dentist for
18    insertion into the human oral cavity or which come in
19    contact with its adjacent structures and tissues; and
20        (ii) utilizes or employs a dental technician to
21    provide such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    "Supervision" means supervision of a dental hygienist or a
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure

 

 

HB4501- 3 -LRB102 22484 SPS 31624 b

1is performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with
8Section 18 prior to treatment by the dental hygienist, and
9that the dentist authorize the procedures which are being
10carried out by a notation in the patient's record, but not
11requiring that a dentist be present when the authorized
12procedures are being performed. The issuance of a prescription
13to a dental laboratory by a dentist does not constitute
14general supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person
17with a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,

 

 

HB4501- 4 -LRB102 22484 SPS 31624 b

1periodontics, prosthodontics, and oral and maxillofacial
2radiology.
3    "Specialist" means a dentist who has received a specialty
4license pursuant to Section 11(b).
5    "Dental technician" means a person who owns, operates or
6is employed by a dental laboratory and engages in making,
7providing, repairing or altering dental prosthetic appliances
8and other artificial materials and devices which are returned
9to a dentist for insertion into the human oral cavity or which
10come in contact with its adjacent structures and tissues.
11    "Impaired dentist" or "impaired dental hygienist" means a
12dentist or dental hygienist who is unable to practice with
13reasonable skill and safety because of a physical or mental
14disability as evidenced by a written determination or written
15consent based on clinical evidence, including deterioration
16through the aging process, loss of motor skills, abuse of
17drugs or alcohol, or a psychiatric disorder, of sufficient
18degree to diminish the person's ability to deliver competent
19patient care.
20    "Nurse" means a registered professional nurse, a certified
21registered nurse anesthetist licensed as an advanced practice
22registered nurse, or a licensed practical nurse licensed under
23the Nurse Practice Act.
24    "Patient of record" means a patient for whom the patient's
25most recent dentist has obtained a relevant medical and dental
26history and on whom the dentist has performed an examination

 

 

HB4501- 5 -LRB102 22484 SPS 31624 b

1and evaluated the condition to be treated.
2    "Dental responder" means a dentist or dental hygienist who
3is appropriately certified in disaster preparedness,
4immunizations, and dental humanitarian medical response
5consistent with the Society of Disaster Medicine and Public
6Health and training certified by the National Incident
7Management System or the National Disaster Life Support
8Foundation.
9    "Mobile dental van or portable dental unit" means any
10self-contained or portable dental unit in which dentistry is
11practiced that can be moved, towed, or transported from one
12location to another in order to establish a location where
13dental services can be provided.
14    "Public health dental hygienist" means a hygienist who
15holds a valid license to practice in the State, has 2 years of
16full-time clinical experience or an equivalent of 4,000 hours
17of clinical experience and has completed at least 42 clock
18hours of additional structured courses in dental education in
19advanced areas specific to public health dentistry.
20    "Public health setting" means a federally qualified health
21center; a federal, State, or local public health facility;
22Head Start; a special supplemental nutrition program for
23Women, Infants, and Children (WIC) facility; or a certified
24school-based health center or school-based oral health
25program; or a prison.
26    "Public health supervision" means the supervision of a

 

 

HB4501- 6 -LRB102 22484 SPS 31624 b

1public health dental hygienist by a licensed dentist who has a
2written public health supervision agreement with that public
3health dental hygienist while working in an approved facility
4or program that allows the public health dental hygienist to
5treat patients, without a dentist first examining the patient
6and being present in the facility during treatment, (1) who
7are eligible for Medicaid or (2) who are uninsured and whose
8household income is not greater than 200% of the federal
9poverty level.
10    "Teledentistry" means the use of telehealth systems and
11methodologies in dentistry and includes limited patient
12diagnosis, treatment planning, care and education delivery
13using synchronous and asynchronous communications under an
14Illinois licensed a dentist's authority as provided under this
15Act.
16(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
17102-588, eff. 8-20-21.)
 
18    (Text of Section after amendment by P.A. 102-93)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 4. Definitions. As used in this Act:
21    "Address of record" means the designated address recorded
22by the Department in the applicant's or licensee's application
23file or license file as maintained by the Department's
24licensure maintenance unit. It is the duty of the applicant or
25licensee to inform the Department of any change of address and

 

 

HB4501- 7 -LRB102 22484 SPS 31624 b

1those changes must be made either through the Department's
2website or by contacting the Department.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Secretary" means the Secretary of Financial and
6Professional Regulation.
7    "Board" means the Board of Dentistry.
8    "Dentist" means a person who has received a general
9license pursuant to paragraph (a) of Section 11 of this Act and
10who may perform any intraoral and extraoral procedure required
11in the practice of dentistry and to whom is reserved the
12responsibilities specified in Section 17.
13    "Dental hygienist" means a person who holds a license
14under this Act to perform dental services as authorized by
15Section 18.
16    "Dental assistant" means an appropriately trained person
17who, under the supervision of a dentist, provides dental
18services as authorized by Section 17.
19    "Expanded function dental assistant" means a dental
20assistant who has completed the training required by Section
2117.1 of this Act.
22    "Dental laboratory" means a person, firm or corporation
23which:
24        (i) engages in making, providing, repairing or
25    altering dental prosthetic appliances and other artificial
26    materials and devices which are returned to a dentist for

 

 

HB4501- 8 -LRB102 22484 SPS 31624 b

1    insertion into the human oral cavity or which come in
2    contact with its adjacent structures and tissues; and
3        (ii) utilizes or employs a dental technician to
4    provide such services; and
5        (iii) performs such functions only for a dentist or
6    dentists.
7    "Supervision" means supervision of a dental hygienist or a
8dental assistant requiring that a dentist authorize the
9procedure, remain in the dental facility while the procedure
10is performed, and approve the work performed by the dental
11hygienist or dental assistant before dismissal of the patient,
12but does not mean that the dentist must be present at all times
13in the treatment room.
14    "General supervision" means supervision of a dental
15hygienist requiring that the patient be a patient of record,
16that the dentist examine the patient in accordance with
17Section 18 prior to treatment by the dental hygienist, and
18that the dentist authorize the procedures which are being
19carried out by a notation in the patient's record, but not
20requiring that a dentist be present when the authorized
21procedures are being performed. The issuance of a prescription
22to a dental laboratory by a dentist does not constitute
23general supervision.
24    "Public member" means a person who is not a health
25professional. For purposes of board membership, any person
26with a significant financial interest in a health service or

 

 

HB4501- 9 -LRB102 22484 SPS 31624 b

1profession is not a public member.
2    "Dentistry" means the healing art which is concerned with
3the examination, diagnosis, treatment planning and care of
4conditions within the human oral cavity and its adjacent
5tissues and structures, as further specified in Section 17.
6    "Branches of dentistry" means the various specialties of
7dentistry which, for purposes of this Act, shall be limited to
8the following: endodontics, oral and maxillofacial surgery,
9orthodontics and dentofacial orthopedics, pediatric dentistry,
10periodontics, prosthodontics, oral and maxillofacial
11radiology, and dental anesthesiology.
12    "Specialist" means a dentist who has received a specialty
13license pursuant to Section 11(b).
14    "Dental technician" means a person who owns, operates or
15is employed by a dental laboratory and engages in making,
16providing, repairing or altering dental prosthetic appliances
17and other artificial materials and devices which are returned
18to a dentist for insertion into the human oral cavity or which
19come in contact with its adjacent structures and tissues.
20    "Impaired dentist" or "impaired dental hygienist" means a
21dentist or dental hygienist who is unable to practice with
22reasonable skill and safety because of a physical or mental
23disability as evidenced by a written determination or written
24consent based on clinical evidence, including deterioration
25through the aging process, loss of motor skills, abuse of
26drugs or alcohol, or a psychiatric disorder, of sufficient

 

 

HB4501- 10 -LRB102 22484 SPS 31624 b

1degree to diminish the person's ability to deliver competent
2patient care.
3    "Nurse" means a registered professional nurse, a certified
4registered nurse anesthetist licensed as an advanced practice
5registered nurse, or a licensed practical nurse licensed under
6the Nurse Practice Act.
7    "Patient of record" means a patient for whom the patient's
8most recent dentist has obtained a relevant medical and dental
9history and on whom the dentist has performed an examination
10and evaluated the condition to be treated.
11    "Dental responder" means a dentist or dental hygienist who
12is appropriately certified in disaster preparedness,
13immunizations, and dental humanitarian medical response
14consistent with the Society of Disaster Medicine and Public
15Health and training certified by the National Incident
16Management System or the National Disaster Life Support
17Foundation.
18    "Mobile dental van or portable dental unit" means any
19self-contained or portable dental unit in which dentistry is
20practiced that can be moved, towed, or transported from one
21location to another in order to establish a location where
22dental services can be provided.
23    "Public health dental hygienist" means a hygienist who
24holds a valid license to practice in the State, has 2 years of
25full-time clinical experience or an equivalent of 4,000 hours
26of clinical experience and has completed at least 42 clock

 

 

HB4501- 11 -LRB102 22484 SPS 31624 b

1hours of additional structured courses in dental education in
2advanced areas specific to public health dentistry.
3    "Public health setting" means a federally qualified health
4center; a federal, State, or local public health facility;
5Head Start; a special supplemental nutrition program for
6Women, Infants, and Children (WIC) facility; or a certified
7school-based health center or school-based oral health
8program; or a prison.
9    "Public health supervision" means the supervision of a
10public health dental hygienist by a licensed dentist who has a
11written public health supervision agreement with that public
12health dental hygienist while working in an approved facility
13or program that allows the public health dental hygienist to
14treat patients, without a dentist first examining the patient
15and being present in the facility during treatment, (1) who
16are eligible for Medicaid or (2) who are uninsured and whose
17household income is not greater than 200% of the federal
18poverty level.
19    "Teledentistry" means the use of telehealth systems and
20methodologies in dentistry and includes limited patient
21diagnosis, treatment planning, care and education delivery
22using synchronous and asynchronous communications under an
23Illinois licensed a dentist's authority as provided under this
24Act.
25(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
26102-93, eff. 1-1-22; 102-588, eff. 8-20-21.)
 

 

 

HB4501- 12 -LRB102 22484 SPS 31624 b

1    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 17. Acts constituting the practice of dentistry. A
4person practices dentistry, within the meaning of this Act:
5        (1) Who represents himself or herself as being able to
6    diagnose or diagnoses, treats, prescribes, or operates for
7    any disease, pain, deformity, deficiency, injury, or
8    physical condition of the human tooth, teeth, alveolar
9    process, gums or jaw; or
10        (2) Who is a manager, proprietor, operator or
11    conductor of a business where dental operations are
12    performed; or
13        (3) Who performs dental operations of any kind; or
14        (4) Who uses an X-Ray machine or X-Ray films for
15    dental diagnostic purposes; or
16        (5) Who extracts a human tooth or teeth, or corrects
17    or attempts to correct malpositions of the human teeth or
18    jaws; or
19        (6) Who offers or undertakes, by any means or method,
20    to diagnose, treat or remove stains, calculus, and bonding
21    materials from human teeth or jaws; or
22        (7) Who uses or administers local or general
23    anesthetics in the treatment of dental or oral diseases or
24    in any preparation incident to a dental operation of any
25    kind or character; or

 

 

HB4501- 13 -LRB102 22484 SPS 31624 b

1        (8) Who takes material or digital scans for final
2    impressions of the human tooth, teeth, or jaws or performs
3    any phase of any operation incident to the replacement of
4    a part of a tooth, a tooth, teeth or associated tissues by
5    means of a filling, crown, a bridge, a denture or other
6    appliance; or
7        (9) Who offers to furnish, supply, construct,
8    reproduce or repair, or who furnishes, supplies,
9    constructs, reproduces or repairs, prosthetic dentures,
10    bridges or other substitutes for natural teeth, to the
11    user or prospective user thereof; or
12        (10) Who instructs students on clinical matters or
13    performs any clinical operation included in the curricula
14    of recognized dental schools and colleges; or
15        (11) Who takes material or digital scans for final
16    impressions of human teeth or places his or her hands in
17    the mouth of any person for the purpose of applying teeth
18    whitening materials, or who takes impressions of human
19    teeth or places his or her hands in the mouth of any person
20    for the purpose of assisting in the application of teeth
21    whitening materials. A person does not practice dentistry
22    when he or she discloses to the consumer that he or she is
23    not licensed as a dentist under this Act and (i) discusses
24    the use of teeth whitening materials with a consumer
25    purchasing these materials; (ii) provides instruction on
26    the use of teeth whitening materials with a consumer

 

 

HB4501- 14 -LRB102 22484 SPS 31624 b

1    purchasing these materials; or (iii) provides appropriate
2    equipment on-site to the consumer for the consumer to
3    self-apply teeth whitening materials; or .
4        (12) Who uses teledentistry. A dentist may utilize and
5    delegate dental services to a dental hygienist or dental
6    assistant using telehealth only under the supervision
7    requirements as specified in this Act for in-person
8    patient care.
9    The fact that any person engages in or performs, or offers
10to engage in or perform, any of the practices, acts, or
11operations set forth in this Section, shall be prima facie
12evidence that such person is engaged in the practice of
13dentistry.
14    The following practices, acts, and operations, however,
15are exempt from the operation of this Act:
16        (a) The rendering of dental relief in emergency cases
17    in the practice of his or her profession by a physician or
18    surgeon, licensed as such under the laws of this State,
19    unless he or she undertakes to reproduce or reproduces
20    lost parts of the human teeth in the mouth or to restore or
21    replace lost or missing teeth in the mouth; or
22        (b) The practice of dentistry in the discharge of
23    their official duties by dentists in any branch of the
24    Armed Services of the United States, the United States
25    Public Health Service, or the United States Veterans
26    Administration; or

 

 

HB4501- 15 -LRB102 22484 SPS 31624 b

1        (c) The practice of dentistry by students in their
2    course of study in dental schools or colleges approved by
3    the Department, when acting under the direction and
4    supervision of dentists acting as instructors; or
5        (d) The practice of dentistry by clinical instructors
6    in the course of their teaching duties in dental schools
7    or colleges approved by the Department:
8            (i) when acting under the direction and
9        supervision of dentists, provided that such clinical
10        instructors have instructed continuously in this State
11        since January 1, 1986; or
12            (ii) when holding the rank of full professor at
13        such approved dental school or college and possessing
14        a current valid license or authorization to practice
15        dentistry in another country; or
16        (e) The practice of dentistry by licensed dentists of
17    other states or countries at meetings of the Illinois
18    State Dental Society or component parts thereof, alumni
19    meetings of dental colleges, or any other like dental
20    organizations, while appearing as clinicians; or
21        (f) The use of X-Ray machines for exposing X-Ray films
22    of dental or oral tissues by dental hygienists or dental
23    assistants; or
24        (g) The performance of any dental service by a dental
25    assistant, if such service is performed under the
26    supervision and full responsibility of a dentist. In

 

 

HB4501- 16 -LRB102 22484 SPS 31624 b

1    addition, after being authorized by a dentist, a dental
2    assistant may, for the purpose of eliminating pain or
3    discomfort, remove loose, broken, or irritating
4    orthodontic appliances on a patient of record.
5        For purposes of this paragraph (g), "dental service"
6    is defined to mean any intraoral procedure or act which
7    shall be prescribed by rule or regulation of the
8    Department. 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 and placing, packing, and finishing
17        composite restorations by dental assistants who have
18        had additional formal education and certification.
19            A dental assistant may place, carve, and finish
20        amalgam restorations, place, pack, and finish
21        composite restorations, and place interim restorations
22        if he or she (A) has successfully completed a
23        structured training program as described in item (2)
24        of subsection (g) provided by an educational
25        institution accredited by the Commission on Dental
26        Accreditation, such as a dental school or dental

 

 

HB4501- 17 -LRB102 22484 SPS 31624 b

1        hygiene or dental assistant program, or (B) has at
2        least 4,000 hours of direct clinical patient care
3        experience and has successfully completed a structured
4        training program as described in item (2) of
5        subsection (g) provided by a statewide dental
6        association, approved by the Department to provide
7        continuing education, that has developed and conducted
8        training programs for expanded functions for dental
9        assistants or hygienists. The training program must:
10        (i) include a minimum of 16 hours of didactic study and
11        14 hours of clinical manikin instruction; all training
12        programs shall include areas of study in nomenclature,
13        caries classifications, oral anatomy, periodontium,
14        basic occlusion, instrumentations, pulp protection
15        liners and bases, dental materials, matrix and wedge
16        techniques, amalgam placement and carving, rubber dam
17        clamp placement, and rubber dam placement and removal;
18        (ii) include an outcome assessment examination that
19        demonstrates competency; (iii) require the supervising
20        dentist to observe and approve the completion of 8
21        amalgam or composite restorations; and (iv) issue a
22        certificate of completion of the training program,
23        which must be kept on file at the dental office and be
24        made available to the Department upon request. A
25        dental assistant must have successfully completed an
26        approved coronal polishing and dental sealant course

 

 

HB4501- 18 -LRB102 22484 SPS 31624 b

1        prior to taking the amalgam and composite restoration
2        course.
3            A dentist utilizing dental assistants shall not
4        supervise more than 4 dental assistants at any one
5        time for placing, carving, and finishing of amalgam
6        restorations or for placing, packing, and finishing
7        composite restorations.
8            (3) Any and all correction of malformation of
9        teeth or of the jaws.
10            (4) Administration of anesthetics, except for
11        monitoring of nitrous oxide, conscious sedation, deep
12        sedation, and general anesthetic as provided in
13        Section 8.1 of this Act, that may be performed only
14        after successful completion of a training program
15        approved by the Department. A dentist utilizing dental
16        assistants shall not supervise more than 4 dental
17        assistants at any one time for the monitoring of
18        nitrous oxide.
19            (5) Removal of calculus from human teeth.
20            (6) Taking of material or digital scans for final
21        impressions for the fabrication of prosthetic
22        appliances, crowns, bridges, inlays, onlays, or other
23        restorative or replacement dentistry.
24            (7) The operative procedure of dental hygiene
25        consisting of oral prophylactic procedures, except for
26        coronal polishing and pit and fissure sealants, which

 

 

HB4501- 19 -LRB102 22484 SPS 31624 b

1        may be performed by a dental assistant who has
2        successfully completed a training program approved by
3        the Department. Dental assistants may perform coronal
4        polishing under the following circumstances: (i) the
5        coronal polishing shall be limited to polishing the
6        clinical crown of the tooth and existing restorations,
7        supragingivally; (ii) the dental assistant performing
8        the coronal polishing shall be limited to the use of
9        rotary instruments using a rubber cup or brush
10        polishing method (air polishing is not permitted); and
11        (iii) the supervising dentist shall not supervise more
12        than 4 dental assistants at any one time for the task
13        of coronal polishing or pit and fissure sealants.
14            In addition to coronal polishing and pit and
15        fissure sealants as described in this item (7), a
16        dental assistant who has at least 2,000 hours of
17        direct clinical patient care experience and who has
18        successfully completed a structured training program
19        provided by (1) an educational institution including,
20        but not limited to, such as a dental school or dental
21        hygiene or dental assistant program, (2) a continuing
22        education provider approved by the Department, or (3)
23        or (2) by a statewide dental or dental hygienist
24        association, approved by the Department on or before
25        January 1, 2017 (the effective date of Public Act
26        99-680), that has developed and conducted a training

 

 

HB4501- 20 -LRB102 22484 SPS 31624 b

1        program for expanded functions for dental assistants
2        or hygienists may perform: (A) coronal scaling above
3        the gum line, supragingivally, on the clinical crown
4        of the tooth only on patients 19 12 years of age or
5        younger who have an absence of periodontal disease and
6        who are not medically compromised or individuals with
7        special needs and (B) intracoronal temporization of a
8        tooth. The training program must: (I) include a
9        minimum of 16 hours of instruction in both didactic
10        and clinical manikin or human subject instruction; all
11        training programs shall include areas of study in
12        dental anatomy, public health dentistry, medical
13        history, dental emergencies, and managing the
14        pediatric patient; (II) include an outcome assessment
15        examination that demonstrates competency; (III)
16        require the supervising dentist to observe and approve
17        the completion of 6 full mouth supragingival scaling
18        procedures unless the training was received as part of
19        a Commission on Dental Accreditation approved dental
20        assistant program; and (IV) issue a certificate of
21        completion of the training program, which must be kept
22        on file at the dental office and be made available to
23        the Department upon request. A dental assistant must
24        have successfully completed an approved coronal
25        polishing course prior to taking the coronal scaling
26        course. A dental assistant performing these functions

 

 

HB4501- 21 -LRB102 22484 SPS 31624 b

1        shall be limited to the use of hand instruments only.
2        In addition, coronal scaling as described in this
3        paragraph shall only be utilized on patients who are
4        eligible for Medicaid or who are uninsured and whose
5        household income is not greater than 200% of the
6        federal poverty level. A dentist may not supervise
7        more than 2 dental assistants at any one time for the
8        task of coronal scaling. This paragraph is inoperative
9        on and after January 1, 2026.
10        The limitations on the number of dental assistants a
11    dentist may supervise contained in items (2), (4), and (7)
12    of this paragraph (g) mean a limit of 4 total dental
13    assistants or dental hygienists doing expanded functions
14    covered by these Sections being supervised by one dentist;
15    or
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 (e)
22        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

 

 

HB4501- 22 -LRB102 22484 SPS 31624 b

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
7        this 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
15    by 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.

 

 

HB4501- 23 -LRB102 22484 SPS 31624 b

1(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21.)
 
2    (225 ILCS 25/17.1)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 17.1. Expanded function dental assistants.
5    (a) A dental assistant who has completed training as
6provided in subsection (b) of this Section in all of the
7following areas may hold himself or herself out as an expanded
8function dental assistant:
9        (1) Taking material or digital scans for final
10    impressions after completing a training program that
11    includes either didactic objectives or clinical skills and
12    functions that demonstrate competency.
13        (2) Performing pulp vitality test after completing a
14    training program that includes either didactic objectives
15    or clinical skills and functions that demonstrate
16    competency.
17        (3) (Blank). Placing, carving, and finishing of
18    amalgam restorations and placing, packing, and finishing
19    composite restorations as allowed under Section 17.
20        (4) Starting the flow of oxygen and monitoring of
21    nitrous oxide-oxygen analgesia as allowed under Section
22    17.
23        (5) Coronal polishing and pit and fissure sealants as
24    allowed under Section 17.
25        (6) Coronal scaling as allowed under Section 17.

 

 

HB4501- 24 -LRB102 22484 SPS 31624 b

1        (7) Intracoronal temporization of a tooth.
2    All procedures listed in paragraphs (1) through (7) (5)
3for dental assistants must be performed under the supervision
4of a dentist, requiring the dentist authorizes the procedure,
5remains in the dental facility while the procedure is
6performed, and approves the work performed by the dental
7assistant before dismissal of the patient, but the dentist is
8not required to be present at all times in the treatment room.
9    After the completion of training as provided in subsection
10(b) of this Section, an expanded function dental assistant may
11perform any of the services listed in this subsection (a)
12pursuant to the limitations of this Act.
13    (b) Certification and training as an expanded function
14dental assistant must be obtained from one of the following
15sources: (i) an approved continuing education sponsor; (ii) a
16dental assistant training program approved by the Commission
17on Dental Accreditation of the American Dental Association; or
18(iii) a training program approved by the Department.
19    Training required under this subsection (b) must also
20include Basic Life Support certification, as described in
21Section 16 of this Act. Proof of current certification shall
22be kept on file with the supervising dentist.
23    (c) Any procedures listed in subsection (a) that are
24performed by an expanded function dental assistant must be
25approved by the supervising dentist and examined prior to
26dismissal of the patient. The supervising dentist shall be

 

 

HB4501- 25 -LRB102 22484 SPS 31624 b

1responsible for all dental services or procedures performed by
2the dental assistant.
3    (d) Nothing in this Section shall be construed to alter
4the number of dental assistants that a dentist may supervise
5under paragraph (g) of Section 17 of this Act.
6    (e) Nothing in this Act shall: (1) require a dental
7assistant to be certified as an expanded function dental
8assistant or (2) prevent a dentist from training dental
9assistants in accordance with the provisions of Section 17 or
1017.1 of this Act or rules pertaining to dental assistant
11duties.
12(Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19;
13101-162, eff. 7-26-19.)
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.