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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:
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4 | Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 17, 17.1, and 18 as follows:
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6 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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7 | (Section scheduled to be repealed on January 1, 2026)
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8 | Sec. 4. Definitions. As used in this Act:
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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.
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18 | "Secretary" means the Secretary of Financial and | ||||||
19 | Professional Regulation.
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20 | "Board" means the Board of Dentistry.
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21 | "Dentist" means a person who has received a general | ||||||
22 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
23 | who may perform any intraoral
and extraoral procedure required |
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1 | in the practice of dentistry and to whom is
reserved the | ||||||
2 | responsibilities specified in Section 17.
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3 | "Dental hygienist" means a person who holds a license | ||||||
4 | under this Act to
perform dental services as authorized by | ||||||
5 | Section 18.
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6 | "Dental assistant" means an appropriately trained person
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7 | who, under the supervision of a dentist, provides dental | ||||||
8 | services
as authorized by Section 17.
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9 | "Expanded function dental assistant" means a dental | ||||||
10 | assistant who has completed the training required by Section | ||||||
11 | 17.1 of this Act. | ||||||
12 | "Dental laboratory" means a person, firm or corporation | ||||||
13 | which:
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14 | (i) engages in making, providing, repairing or | ||||||
15 | altering dental
prosthetic appliances and other artificial | ||||||
16 | materials and devices which are
returned to a dentist for | ||||||
17 | insertion into the human oral cavity or which
come in | ||||||
18 | contact with its adjacent structures and tissues; and
| ||||||
19 | (ii) utilizes or employs a dental technician to | ||||||
20 | provide such services; and
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21 | (iii) performs such functions only for a dentist or | ||||||
22 | dentists.
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23 | "Supervision" means supervision of a dental hygienist or a | ||||||
24 | dental
assistant requiring that a dentist authorize the | ||||||
25 | procedure, remain in the
dental facility while the procedure | ||||||
26 | is performed, and approve the work
performed by the dental |
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1 | hygienist or dental assistant before dismissal of
the patient, | ||||||
2 | but does not mean that the dentist must be present at all
times | ||||||
3 | in the treatment room.
| ||||||
4 | "General supervision" means supervision of a dental | ||||||
5 | hygienist
requiring that the patient be a patient of record,
| ||||||
6 | that the dentist
examine the patient in accordance with | ||||||
7 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
8 | that the
dentist authorize the procedures which
are being | ||||||
9 | carried
out by a notation in the patient's record, but not | ||||||
10 | requiring that a dentist
be present when the authorized
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11 | procedures are being performed. The
issuance of a prescription | ||||||
12 | to a dental laboratory by a
dentist does not constitute | ||||||
13 | general supervision.
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14 | "Public member" means a person who is not a health | ||||||
15 | professional.
For purposes of board membership, any person | ||||||
16 | with a significant financial
interest in a health service or | ||||||
17 | profession is not a public member.
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18 | "Dentistry" means the healing art which is concerned with | ||||||
19 | the
examination, diagnosis, treatment planning and care of | ||||||
20 | conditions within
the human oral cavity and its adjacent | ||||||
21 | tissues and structures, as further
specified in Section 17.
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22 | "Branches of dentistry" means the various specialties of | ||||||
23 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
24 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
25 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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26 | periodontics, prosthodontics, oral and maxillofacial
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1 | radiology, and dental anesthesiology.
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2 | "Specialist" means a dentist who has received a specialty | ||||||
3 | license
pursuant to Section 11(b).
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4 | "Dental technician" means a person who owns, operates or | ||||||
5 | is
employed by a dental laboratory and engages in making, | ||||||
6 | providing, repairing
or altering dental prosthetic appliances | ||||||
7 | and other artificial materials and
devices which are returned | ||||||
8 | to a dentist for insertion into the human oral
cavity or which | ||||||
9 | come in contact with its adjacent structures and tissues.
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10 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
11 | dentist
or dental hygienist who is unable to practice with
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12 | reasonable skill and safety because of a physical or mental | ||||||
13 | disability as
evidenced by a written determination or written | ||||||
14 | consent based on clinical
evidence, including deterioration | ||||||
15 | through the aging process, loss of motor
skills, abuse of | ||||||
16 | drugs or alcohol, or a psychiatric disorder, of sufficient
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17 | degree to diminish the person's ability to deliver competent | ||||||
18 | patient care.
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19 | "Nurse" means a registered professional nurse, a certified | ||||||
20 | registered
nurse anesthetist licensed as an advanced practice
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21 | registered nurse, or a licensed practical nurse licensed under | ||||||
22 | the Nurse Practice Act.
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23 | "Patient of record" means a patient for whom the patient's | ||||||
24 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
25 | history and on whom the dentist has performed an
examination | ||||||
26 | and evaluated the condition to be treated.
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1 | "Dental responder" means a dentist or dental hygienist who | ||||||
2 | is appropriately certified in disaster preparedness, | ||||||
3 | immunizations, and dental humanitarian medical response | ||||||
4 | consistent with the Society of Disaster Medicine and Public | ||||||
5 | Health and training certified by the National Incident | ||||||
6 | Management System or the National Disaster Life Support | ||||||
7 | Foundation.
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8 | "Mobile dental van or portable dental unit" means any | ||||||
9 | self-contained or portable dental unit in which dentistry is | ||||||
10 | practiced that can be moved, towed, or transported from one | ||||||
11 | location to another in order to establish a location where | ||||||
12 | dental services can be provided. | ||||||
13 | "Public health dental hygienist" means a hygienist who | ||||||
14 | holds a valid license to practice in the State, has 2 years of | ||||||
15 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
16 | of clinical experience and has completed at least 42 clock | ||||||
17 | hours of additional structured courses in dental education in | ||||||
18 | advanced areas specific to public health dentistry. | ||||||
19 | "Public health setting" means a federally qualified health | ||||||
20 | center; a federal, State, or local public health facility; | ||||||
21 | Head Start; a special supplemental nutrition program for | ||||||
22 | Women, Infants, and Children (WIC) facility; or a certified | ||||||
23 | school-based health center or school-based oral health | ||||||
24 | program ; a prison; or a long-term care facility . | ||||||
25 | "Public health supervision" means the supervision of a | ||||||
26 | public health dental hygienist by a licensed dentist who has a |
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1 | written public health supervision agreement with that public | ||||||
2 | health dental hygienist while working in an approved facility | ||||||
3 | or program that allows the public health dental hygienist to | ||||||
4 | treat patients, without a dentist first examining the patient | ||||||
5 | and being present in the facility during treatment, (1) who | ||||||
6 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
7 | household income is not greater than 200% of the federal | ||||||
8 | poverty level. | ||||||
9 | "Teledentistry" means the use of telehealth systems and | ||||||
10 | methodologies in dentistry and includes patient care and | ||||||
11 | education delivery using synchronous and asynchronous | ||||||
12 | communications under a dentist's authority as provided under | ||||||
13 | this Act. | ||||||
14 | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | ||||||
15 | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21 .)
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16 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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17 | (Section scheduled to be repealed on January 1, 2026)
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18 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
19 | person
practices dentistry, within the meaning of this Act:
| ||||||
20 | (1) Who represents himself or herself as being able to | ||||||
21 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
22 | any disease, pain, deformity, deficiency,
injury, or | ||||||
23 | physical condition of the human tooth, teeth, alveolar | ||||||
24 | process,
gums or jaw; or
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25 | (2) Who is a manager, proprietor, operator or |
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1 | conductor of a
business where
dental operations are | ||||||
2 | performed; or
| ||||||
3 | (3) Who performs dental operations of any kind; or
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4 | (4) Who uses an X-Ray machine or X-Ray films for
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5 | dental diagnostic purposes; or
| ||||||
6 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
7 | or attempts to
correct
malpositions of the human teeth or | ||||||
8 | jaws; or
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9 | (6) Who offers or undertakes, by any means or method, | ||||||
10 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
11 | materials from human teeth or jaws; or
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12 | (7) Who uses or administers local or general | ||||||
13 | anesthetics in the treatment
of dental or oral diseases or | ||||||
14 | in any preparation incident to a dental operation
of any | ||||||
15 | kind or character; or
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16 | (8) Who takes material or digital scans for final | ||||||
17 | impressions of the human tooth, teeth, or jaws or performs
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18 | any phase of any operation incident to the replacement of | ||||||
19 | a part of a tooth,
a tooth, teeth or associated tissues by | ||||||
20 | means of a filling, crown, a bridge,
a denture or other | ||||||
21 | appliance; or
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22 | (9) Who offers to furnish, supply, construct, | ||||||
23 | reproduce or repair, or
who furnishes, supplies, | ||||||
24 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
25 | bridges or other substitutes for natural teeth, to the | ||||||
26 | user or
prospective user thereof; or
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1 | (10) Who instructs students on clinical matters or | ||||||
2 | performs any clinical
operation included in the curricula | ||||||
3 | of recognized dental schools and colleges; or
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4 | (11) Who takes material or digital scans for final | ||||||
5 | impressions of human teeth or places his or her hands in | ||||||
6 | the mouth of any person for the purpose of applying teeth | ||||||
7 | whitening materials, or who takes impressions of human | ||||||
8 | teeth or places his or her hands in the mouth of any person | ||||||
9 | for the purpose of assisting in the application of teeth | ||||||
10 | whitening materials. A person does not practice dentistry | ||||||
11 | when he or she discloses to the consumer that he or she is | ||||||
12 | not licensed as a dentist under this Act and (i) discusses | ||||||
13 | the use of teeth whitening materials with a consumer | ||||||
14 | purchasing these materials; (ii) provides instruction on | ||||||
15 | the use of teeth whitening materials with a consumer | ||||||
16 | purchasing these materials; or (iii) provides appropriate | ||||||
17 | equipment on-site to the consumer for the consumer to | ||||||
18 | self-apply teeth whitening materials. | ||||||
19 | The fact that any person engages in or performs, or offers | ||||||
20 | to engage in
or perform, any of the practices, acts, or | ||||||
21 | operations set forth in this
Section, shall be prima facie | ||||||
22 | evidence that such person is engaged in the
practice of | ||||||
23 | dentistry.
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24 | The following practices, acts, and operations, however, | ||||||
25 | are exempt from
the operation of this Act:
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26 | (a) The rendering of dental relief in emergency cases |
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1 | in the practice
of his or her profession by a physician or | ||||||
2 | surgeon, licensed as such
under the laws of this State, | ||||||
3 | unless he or she undertakes to reproduce or reproduces
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4 | lost parts of the human teeth in the mouth or to restore or | ||||||
5 | replace lost
or missing teeth in the mouth; or
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6 | (b) The practice of dentistry in the discharge of | ||||||
7 | their official duties
by dentists in any branch of the | ||||||
8 | Armed Services of the United States, the
United States | ||||||
9 | Public Health Service, or the United States Veterans
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10 | Administration; or
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11 | (c) The practice of dentistry by students in their | ||||||
12 | course of study
in dental schools or colleges approved by | ||||||
13 | the Department, when acting under the
direction and | ||||||
14 | supervision of dentists acting as instructors; or
| ||||||
15 | (d) The practice of dentistry by clinical instructors | ||||||
16 | in the course of
their teaching duties in dental schools | ||||||
17 | or colleges approved by the
Department:
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18 | (i) when acting under the direction and | ||||||
19 | supervision of dentists,
provided that such clinical | ||||||
20 | instructors have instructed continuously in
this State | ||||||
21 | since January 1, 1986; or
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22 | (ii) when holding the rank of full professor at | ||||||
23 | such approved dental
school or college and possessing | ||||||
24 | a current valid license or authorization
to practice | ||||||
25 | dentistry in another country; or
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26 | (e) The practice of dentistry by licensed dentists of |
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1 | other states or
countries at meetings of the Illinois | ||||||
2 | State Dental Society or component
parts thereof, alumni | ||||||
3 | meetings of dental colleges, or any other like dental
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4 | organizations, while appearing as clinicians; or
| ||||||
5 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
6 | of dental or oral
tissues by dental hygienists or dental | ||||||
7 | assistants; or
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8 | (g) The performance of any dental service by a dental | ||||||
9 | assistant, if such
service is performed under the | ||||||
10 | supervision and full responsibility of a
dentist. In | ||||||
11 | addition, after being authorized by a dentist, a dental | ||||||
12 | assistant may, for the purpose of eliminating pain or | ||||||
13 | discomfort, remove loose, broken, or irritating | ||||||
14 | orthodontic appliances on a patient of record.
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15 | For purposes of this paragraph (g), "dental service" | ||||||
16 | is defined to mean
any intraoral procedure or act which | ||||||
17 | shall be prescribed by rule or
regulation of the | ||||||
18 | Department. Dental service, however, shall not include:
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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 and placing, packing, and finishing |
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1 | composite restorations by dental assistants who have | ||||||
2 | had additional formal education and certification. | ||||||
3 | A dental assistant may place, carve, and finish | ||||||
4 | amalgam restorations, place, pack, and finish | ||||||
5 | composite restorations, and place interim restorations | ||||||
6 | if he or she (A) has successfully completed a | ||||||
7 | structured training program as described in item (2) | ||||||
8 | of subsection (g) provided by an educational | ||||||
9 | institution accredited by the Commission on Dental | ||||||
10 | Accreditation, such as a dental school or dental | ||||||
11 | hygiene or dental assistant program, or (B) has at | ||||||
12 | least 4,000 hours of direct clinical patient care | ||||||
13 | experience and has successfully completed a structured | ||||||
14 | training program as described in item (2) of | ||||||
15 | subsection (g) provided by a statewide dental | ||||||
16 | association, approved by the Department to provide | ||||||
17 | continuing education, that has developed and conducted | ||||||
18 | training programs for expanded functions for dental | ||||||
19 | assistants or hygienists. The training program must: | ||||||
20 | (i) include a minimum of 16 hours of didactic study and | ||||||
21 | 14 hours of clinical manikin instruction; all training | ||||||
22 | programs shall include areas of study in nomenclature, | ||||||
23 | caries classifications, oral anatomy, periodontium, | ||||||
24 | basic occlusion, instrumentations, pulp protection | ||||||
25 | liners and bases, dental materials, matrix and wedge | ||||||
26 | techniques, amalgam placement and carving, rubber dam |
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| |||||||
1 | clamp placement, and rubber dam placement and removal; | ||||||
2 | (ii) include an outcome assessment examination that | ||||||
3 | demonstrates competency; (iii) require the supervising | ||||||
4 | dentist to observe and approve the completion of 8 | ||||||
5 | amalgam or composite restorations; and (iv) issue a | ||||||
6 | certificate of completion of the training program, | ||||||
7 | which must be kept on file at the dental office and be | ||||||
8 | made available to the Department upon request. A | ||||||
9 | dental assistant must have successfully completed an | ||||||
10 | approved coronal polishing and dental sealant course | ||||||
11 | prior to taking the amalgam and composite restoration | ||||||
12 | course. | ||||||
13 | A dentist utilizing dental assistants shall not | ||||||
14 | supervise more than 4 dental assistants at any one | ||||||
15 | time for placing, carving, and finishing of amalgam | ||||||
16 | restorations or for placing, packing, and finishing | ||||||
17 | composite restorations.
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18 | (3) Any and all correction of malformation of | ||||||
19 | teeth or of the jaws.
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20 | (4) Administration of anesthetics, except for | ||||||
21 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
22 | sedation, and general anesthetic as provided in | ||||||
23 | Section 8.1 of this Act, that may be performed only | ||||||
24 | after successful completion of a training
program | ||||||
25 | approved by the Department. A dentist utilizing dental | ||||||
26 | assistants shall not supervise more than 4 dental |
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1 | assistants at any one time for the monitoring of | ||||||
2 | nitrous oxide.
| ||||||
3 | (5) Removal of calculus from human teeth.
| ||||||
4 | (6) Taking of material or digital scans for final | ||||||
5 | impressions for the fabrication of prosthetic
| ||||||
6 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
7 | restorative or replacement
dentistry.
| ||||||
8 | (7) The operative procedure of dental hygiene | ||||||
9 | consisting of oral
prophylactic procedures, except for | ||||||
10 | coronal polishing and pit and fissure sealants,
which | ||||||
11 | may be
performed by a
dental assistant who has | ||||||
12 | successfully completed a training program approved by
| ||||||
13 | the Department. Dental assistants may perform coronal | ||||||
14 | polishing under the
following circumstances: (i) the | ||||||
15 | coronal polishing shall be limited to
polishing the
| ||||||
16 | clinical crown of the tooth and existing restorations, | ||||||
17 | supragingivally; (ii)
the
dental assistant performing | ||||||
18 | the coronal polishing shall be limited to the use
of
| ||||||
19 | rotary instruments using a rubber cup or brush | ||||||
20 | polishing method (air polishing
is
not permitted); and | ||||||
21 | (iii) the supervising dentist shall not supervise more
| ||||||
22 | than 4
dental assistants at any one time for the task | ||||||
23 | of coronal polishing or pit and fissure sealants.
| ||||||
24 | In addition to coronal polishing and pit and | ||||||
25 | fissure sealants as described in this item (7), a | ||||||
26 | dental assistant who has at least 2,000 hours of |
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| |||||||
1 | direct clinical patient care experience and who has | ||||||
2 | successfully completed a structured training program | ||||||
3 | provided by (1) an educational institution including, | ||||||
4 | but not limited to, such as a dental school or dental | ||||||
5 | hygiene or dental assistant program, or (2) a | ||||||
6 | continuing education provider approved by the | ||||||
7 | Department, or (3) by a statewide dental or dental | ||||||
8 | hygienist association, approved by the Department on | ||||||
9 | or before January 1, 2017 (the effective date of | ||||||
10 | Public Act 99-680), that has developed and conducted a | ||||||
11 | training program for expanded functions for dental | ||||||
12 | assistants or hygienists may perform: (A) coronal | ||||||
13 | scaling above the gum line, supragingivally, on the | ||||||
14 | clinical crown of the tooth only on patients 17 12 | ||||||
15 | years of age or younger who have an absence of | ||||||
16 | periodontal disease and who are not medically | ||||||
17 | compromised or individuals with special needs and (B) | ||||||
18 | intracoronal temporization of a tooth. The training | ||||||
19 | program must: (I) include a minimum of 32 16 hours of | ||||||
20 | instruction in both didactic and clinical manikin or | ||||||
21 | human subject instruction; all training programs shall | ||||||
22 | include areas of study in dental anatomy, public | ||||||
23 | health dentistry, medical history, dental emergencies, | ||||||
24 | and managing the pediatric patient; (II) include an | ||||||
25 | outcome assessment examination that demonstrates | ||||||
26 | competency; (III) require the supervising dentist to |
| |||||||
| |||||||
1 | observe and approve the completion of 6 full mouth | ||||||
2 | supragingival scaling procedures unless the training | ||||||
3 | was received as part of a Commission on Dental | ||||||
4 | Accreditation approved dental assistant program ; and | ||||||
5 | (IV) issue a certificate of completion of the training | ||||||
6 | program, which must be kept on file at the dental | ||||||
7 | office and be made available to the Department upon | ||||||
8 | request. A dental assistant must have successfully | ||||||
9 | completed an approved coronal polishing course prior | ||||||
10 | to taking the coronal scaling course. A dental | ||||||
11 | assistant performing these functions shall be limited | ||||||
12 | to the use of hand instruments only. In addition, | ||||||
13 | coronal scaling as described in this paragraph shall | ||||||
14 | only be utilized on patients who are eligible for | ||||||
15 | Medicaid , or who are uninsured , or and whose household | ||||||
16 | income is not greater than 300% 200% of the federal | ||||||
17 | poverty level. A dentist may not supervise more than 2 | ||||||
18 | dental assistants at any one time for the task of | ||||||
19 | coronal scaling. This paragraph is inoperative on and | ||||||
20 | after January 1, 2026. | ||||||
21 | The limitations on the number of dental assistants a | ||||||
22 | dentist may supervise contained in items (2), (4), and (7) | ||||||
23 | of this paragraph (g) mean a limit of 4 total dental | ||||||
24 | assistants or dental hygienists doing expanded functions | ||||||
25 | covered by these Sections being supervised by one dentist; | ||||||
26 | or |
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| |||||||
1 | (h) The practice of dentistry by an individual who:
| ||||||
2 | (i) has applied in writing to the Department, in | ||||||
3 | form and substance
satisfactory to the Department, for | ||||||
4 | a general dental license and has
complied with all | ||||||
5 | provisions of Section 9 of this Act, except for the
| ||||||
6 | passage of the examination specified in subsection (e) | ||||||
7 | of Section 9 of this
Act; or
| ||||||
8 | (ii) has applied in writing to the Department, in | ||||||
9 | form and substance
satisfactory to the Department, for | ||||||
10 | a temporary dental license and has
complied with all | ||||||
11 | provisions of subsection (c) of Section 11 of this | ||||||
12 | Act; and
| ||||||
13 | (iii) has been accepted or appointed for specialty | ||||||
14 | or residency training
by a hospital situated in this | ||||||
15 | State; or
| ||||||
16 | (iv) has been accepted or appointed for specialty | ||||||
17 | training in an
approved dental program situated in | ||||||
18 | this State; or
| ||||||
19 | (v) has been accepted or appointed for specialty | ||||||
20 | training in a dental
public health agency situated in | ||||||
21 | this State.
| ||||||
22 | The applicant shall be permitted to practice dentistry | ||||||
23 | for a period of 3
months from the starting date of the | ||||||
24 | program, unless authorized in writing
by the Department to | ||||||
25 | continue such practice for a period specified in
writing | ||||||
26 | by the Department.
|
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| |||||||
1 | The applicant shall only be entitled to perform such | ||||||
2 | acts as may be
prescribed by and incidental to his or her | ||||||
3 | program of residency or specialty
training and shall not | ||||||
4 | otherwise engage in the practice of dentistry in this
| ||||||
5 | State.
| ||||||
6 | The authority to practice shall terminate immediately | ||||||
7 | upon:
| ||||||
8 | (1) the decision of the Department that the | ||||||
9 | applicant has failed the
examination; or
| ||||||
10 | (2) denial of licensure by the Department; or
| ||||||
11 | (3) withdrawal of the application.
| ||||||
12 | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21.)
| ||||||
13 | (225 ILCS 25/17.1) | ||||||
14 | (Section scheduled to be repealed on January 1, 2026) | ||||||
15 | Sec. 17.1. Expanded function dental assistants. | ||||||
16 | (a) A dental assistant who has completed training as | ||||||
17 | provided in subsection (b) of this Section in all of the | ||||||
18 | following areas may hold himself or herself out as an expanded | ||||||
19 | function dental assistant: | ||||||
20 | (1) Taking material or digital scans for final | ||||||
21 | impressions after completing a training program that | ||||||
22 | includes either didactic objectives or clinical skills and | ||||||
23 | functions that demonstrate competency. | ||||||
24 | (2) Performing pulp vitality test after completing a | ||||||
25 | training program that includes either didactic objectives |
| |||||||
| |||||||
1 | or clinical skills and functions that demonstrate | ||||||
2 | competency. | ||||||
3 | (3) Placing, carving, and finishing of amalgam | ||||||
4 | restorations and placing, packing, and finishing composite | ||||||
5 | restorations as allowed under Section 17. | ||||||
6 | (3.5) Coronal scaling as allowed under Section 17. | ||||||
7 | (4) Starting the flow of oxygen and monitoring of | ||||||
8 | nitrous oxide-oxygen analgesia as allowed under Section | ||||||
9 | 17. | ||||||
10 | (5) Coronal polishing and pit and fissure sealants as | ||||||
11 | allowed under Section 17. | ||||||
12 | (6) Intracoronal temporization of a tooth. | ||||||
13 | All procedures listed in paragraphs (1) through (6) (5) | ||||||
14 | for dental assistants must be performed under the supervision | ||||||
15 | of a dentist, requiring the dentist authorizes the procedure, | ||||||
16 | remains in the dental facility while the procedure is | ||||||
17 | performed, and approves the work performed by the dental | ||||||
18 | assistant before dismissal of the patient, but the dentist is | ||||||
19 | not required to be present at all times in the treatment room. | ||||||
20 | After the completion of training as provided in subsection | ||||||
21 | (b) of this Section, an expanded function dental assistant may | ||||||
22 | perform any of the services listed in this subsection (a) | ||||||
23 | pursuant to the limitations of this Act. | ||||||
24 | (b) Certification and training as an expanded function | ||||||
25 | dental assistant must be obtained from one of the following | ||||||
26 | sources: (i) an approved continuing education sponsor; (ii) a |
| |||||||
| |||||||
1 | dental assistant training program approved by the Commission | ||||||
2 | on Dental Accreditation of the American Dental Association; or | ||||||
3 | (iii) a training program approved by the Department. | ||||||
4 | Training required under this subsection (b) must also | ||||||
5 | include Basic Life Support certification, as described in | ||||||
6 | Section 16 of this Act. Proof of current certification shall | ||||||
7 | be kept on file with the supervising dentist. | ||||||
8 | (c) Any procedures listed in subsection (a) that are | ||||||
9 | performed by an expanded function dental assistant must be | ||||||
10 | approved by the supervising dentist and examined prior to | ||||||
11 | dismissal of the patient. The supervising dentist shall be | ||||||
12 | responsible for all dental services or procedures performed by | ||||||
13 | the dental assistant. | ||||||
14 | (d) Nothing in this Section shall be construed to alter | ||||||
15 | the number of dental assistants that a dentist may supervise | ||||||
16 | under paragraph (g) of Section 17 of this Act. | ||||||
17 | (e) Nothing in this Act shall: (1) require a dental | ||||||
18 | assistant to be certified as an expanded function dental | ||||||
19 | assistant or (2) prevent a dentist from training dental | ||||||
20 | assistants in accordance with the provisions of Section 17 or | ||||||
21 | 17.1 of this Act or rules pertaining to dental assistant | ||||||
22 | duties.
| ||||||
23 | (Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19; | ||||||
24 | 101-162, eff. 7-26-19.)
| ||||||
25 | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
2 | Sec. 18. Acts constituting the practice of dental hygiene;
| ||||||
3 | limitations. | ||||||
4 | (a) A person practices dental hygiene within the meaning | ||||||
5 | of this Act when
he or she performs the following acts under | ||||||
6 | the supervision of a dentist:
| ||||||
7 | (i) the operative procedure of dental hygiene, | ||||||
8 | consisting of oral
prophylactic procedures;
| ||||||
9 | (ii) the exposure and processing of X-Ray films of the | ||||||
10 | teeth and
surrounding structures;
| ||||||
11 | (iii) the application to the surfaces of the teeth or | ||||||
12 | gums of chemical
compounds designed to be desensitizing | ||||||
13 | agents or effective agents in the
prevention of dental | ||||||
14 | caries or periodontal disease;
| ||||||
15 | (iv) all services which may be performed by a
dental | ||||||
16 | assistant as specified by rule pursuant to Section 17, and | ||||||
17 | a dental hygienist may engage in the placing, carving, and | ||||||
18 | finishing of amalgam restorations only after obtaining | ||||||
19 | formal education and certification as determined by the | ||||||
20 | Department;
| ||||||
21 | (v) administration and monitoring of nitrous oxide | ||||||
22 | upon successful
completion of a
training program approved | ||||||
23 | by the Department;
| ||||||
24 | (vi) administration of local anesthetics upon | ||||||
25 | successful completion of
a
training program approved by | ||||||
26 | the Department; and
|
| |||||||
| |||||||
1 | (vii) such other procedures and acts as shall be | ||||||
2 | prescribed
by
rule or regulation of the Department.
| ||||||
3 | (b) A dental hygienist may be employed or engaged only:
| ||||||
4 | (1) by a dentist;
| ||||||
5 | (2) by a federal, State, county, or municipal agency | ||||||
6 | or institution;
| ||||||
7 | (3) by a public or private school; or
| ||||||
8 | (4) by a public clinic operating under the direction | ||||||
9 | of a hospital or
federal,
State, county, municipal, or | ||||||
10 | other public agency or institution.
| ||||||
11 | (c) When employed or engaged in the office of a dentist, a | ||||||
12 | dental hygienist
may
perform, under general supervision, those | ||||||
13 | procedures found in items (i) through
(iv) of
subsection (a) | ||||||
14 | of this Section, provided the patient has been examined by the
| ||||||
15 | dentist
within one year of the provision of dental hygiene | ||||||
16 | services, the dentist has
approved the
dental hygiene services | ||||||
17 | by a notation in the patient's record and the patient
has been
| ||||||
18 | notified that the dentist may be out of the office during the | ||||||
19 | provision of
dental hygiene
services.
| ||||||
20 | (d) If a patient of record is unable to travel to a dental | ||||||
21 | office because of
illness,
infirmity, or
imprisonment, a | ||||||
22 | dental hygienist may perform, under the general supervision of
| ||||||
23 | a dentist,
those procedures found in items (i) through (iv) of | ||||||
24 | subsection (a) of this
Section,
provided the patient is | ||||||
25 | located in a long-term care facility licensed by the
State of | ||||||
26 | Illinois,
a mental health or developmental disability |
| |||||||
| |||||||
1 | facility, or a State or federal
prison. The dentist
shall | ||||||
2 | either personally examine and diagnose the patient or utilize | ||||||
3 | approved teledentistry communication methods and determine | ||||||
4 | which
services are necessary to be performed, which shall be | ||||||
5 | contained in an order to the hygienist and a notation in the | ||||||
6 | patient's record.
Such order must be implemented within 45 120 | ||||||
7 | days
of its issuance, and an updated medical history and | ||||||
8 | observation of oral
conditions
must be performed by the | ||||||
9 | hygienist immediately prior to beginning the
procedures to | ||||||
10 | ensure that the patient's health has not changed in any
manner | ||||||
11 | to warrant a reexamination by the dentist.
| ||||||
12 | (e) School-based oral health care,
consisting of and | ||||||
13 | limited to oral prophylactic
procedures, sealants, and | ||||||
14 | fluoride treatments,
may be provided by a dental hygienist
| ||||||
15 | under the general supervision of a dentist. A dental hygienist | ||||||
16 | may not provide
other dental hygiene treatment in a | ||||||
17 | school-based setting, including but not
limited to | ||||||
18 | administration or monitoring of nitrous oxide or | ||||||
19 | administration of
local anesthetics. The school-based | ||||||
20 | procedures may be performed provided the
patient is located at | ||||||
21 | a public or private school and the program is being
conducted | ||||||
22 | by a State, county or local public health department | ||||||
23 | initiative or in
conjunction with a dental school or dental | ||||||
24 | hygiene program.
The dentist shall personally examine and | ||||||
25 | diagnose the patient and
determine
which services are | ||||||
26 | necessary to be performed, which shall be contained in an
|
| |||||||
| |||||||
1 | order to the
hygienist and a notation in the patient's record. | ||||||
2 | Any such order for sealants must be implemented within 120 | ||||||
3 | days after its issuance. Any such order for oral prophylactic | ||||||
4 | procedures or fluoride treatments must be implemented within | ||||||
5 | 180 days after its issuance. An updated medical history and | ||||||
6 | observation of
oral conditions
must be
performed by the | ||||||
7 | hygienist immediately prior to beginning the procedures to
| ||||||
8 | ensure that
the patient's health has not changed in any manner | ||||||
9 | to warrant a reexamination
by the
dentist.
| ||||||
10 | (f) Without the supervision of a dentist, a dental | ||||||
11 | hygienist
may perform
dental health education functions , | ||||||
12 | including instruction in proper oral health care and dental | ||||||
13 | hygiene in either a school setting or long-term care facility. | ||||||
14 | In addition, a dental hygienist may record care histories and | ||||||
15 | oral conditions observed at any time prior to a clinical exam | ||||||
16 | by a dentist and may record case histories and oral
conditions | ||||||
17 | observed .
| ||||||
18 | (g) The number of dental hygienists practicing in a dental | ||||||
19 | office shall
not
exceed, at any one time, 4 times the number of | ||||||
20 | dentists practicing in the
office at the time.
| ||||||
21 | (h) A dental hygienist who is certified as a public health | ||||||
22 | dental hygienist may provide services to patients: (1) who are | ||||||
23 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
24 | household income is not greater than 300% 200% of the federal | ||||||
25 | poverty level. A public health dental hygienist may perform | ||||||
26 | oral assessments, perform screenings, and provide educational |
| |||||||
| |||||||
1 | and preventative services as provided in subsection (b) of | ||||||
2 | Section 18.1 of this Act. The public health dental hygienist | ||||||
3 | may not administer local anesthesia or nitrous oxide, or | ||||||
4 | place, carve, or finish amalgam restorations or provide | ||||||
5 | periodontal therapy under this exception. Each patient must | ||||||
6 | sign a consent form that acknowledges that the care received | ||||||
7 | does not take the place of a regular dental examination. The | ||||||
8 | public health dental hygienist must provide the patient or | ||||||
9 | guardian a written referral to a dentist for assessment of the | ||||||
10 | need for further dental care at the time of treatment. Any | ||||||
11 | indication or observation of a condition that could warrant | ||||||
12 | the need for urgent attention must be reported immediately to | ||||||
13 | the supervising dentist for appropriate assessment and | ||||||
14 | treatment. | ||||||
15 | This subsection (h) is inoperative on and after January 1, | ||||||
16 | 2026. | ||||||
17 | (i) A dental hygienist performing procedures listed in | ||||||
18 | paragraphs (1) through (4) of subsection (a) of Section 17.1 | ||||||
19 | must be under the supervision of a dentist, requiring the | ||||||
20 | dentist authorizes the procedure, remains in the dental | ||||||
21 | facility while the procedure is performed, and approves the | ||||||
22 | work performed by the dental hygienist before dismissal of the | ||||||
23 | patient, but the dentist is not required to be present at all | ||||||
24 | times in the treatment room. | ||||||
25 | (j) A dental hygienist may perform actions described in | ||||||
26 | paragraph (5) of subsection (a) of Section 17.1 under the |
| |||||||
| |||||||
1 | general supervision of a dentist as described in this Section. | ||||||
2 | (Source: P.A. 100-976, eff. 1-1-19; 101-162, eff. 7-26-19.)
|