Sen. Steve McClure
Filed: 3/1/2023
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1 | AMENDMENT TO SENATE BILL 1296
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2 | AMENDMENT NO. ______. Amend Senate Bill 1296 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Dental Practice Act is amended by | ||||||
5 | changing Sections 4, 11, 17, 19, 23, and 50 and by adding | ||||||
6 | Section 50.1 as follows:
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7 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
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8 | (Section scheduled to be repealed on January 1, 2026)
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9 | Sec. 4. Definitions. As used in this Act:
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10 | "Address of record" means the designated address recorded | ||||||
11 | by the Department in the applicant's or licensee's application | ||||||
12 | file or license file as maintained by the Department's | ||||||
13 | licensure maintenance unit. It is the duty of the applicant or | ||||||
14 | licensee to inform the Department of any change of address and | ||||||
15 | those changes must be made either through the Department's | ||||||
16 | website or by contacting the Department. |
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1 | "Department" means the Department of Financial and | ||||||
2 | Professional Regulation.
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3 | "Secretary" means the Secretary of Financial and | ||||||
4 | Professional Regulation.
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5 | "Board" means the Board of Dentistry.
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6 | "Dentist" means a person who has received a general | ||||||
7 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
8 | who may perform any intraoral
and extraoral procedure required | ||||||
9 | in the practice of dentistry and to whom is
reserved the | ||||||
10 | responsibilities specified in Section 17.
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11 | "Dental hygienist" means a person who holds a license | ||||||
12 | under this Act to
perform dental services as authorized by | ||||||
13 | Section 18.
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14 | "Dental assistant" means an appropriately trained person
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15 | who, under the supervision of a dentist, provides dental | ||||||
16 | services
as authorized by Section 17.
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17 | "Expanded function dental assistant" means a dental | ||||||
18 | assistant who has completed the training required by Section | ||||||
19 | 17.1 of this Act. | ||||||
20 | "Dental laboratory" means a person, firm , or corporation | ||||||
21 | which:
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22 | (i) engages in making, providing, repairing , or | ||||||
23 | altering dental
prosthetic appliances and other artificial | ||||||
24 | materials and devices which are
returned to a dentist for | ||||||
25 | insertion into the human oral cavity or which
come in | ||||||
26 | contact with its adjacent structures and tissues; and
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1 | (ii) utilizes or employs a dental technician to | ||||||
2 | provide such services; and
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3 | (iii) performs such functions only for a dentist or | ||||||
4 | dentists.
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5 | "Supervision" means supervision of a dental hygienist or a | ||||||
6 | dental
assistant requiring that a dentist authorize the | ||||||
7 | procedure, remain in the
dental facility while the procedure | ||||||
8 | is performed, and approve the work
performed by the dental | ||||||
9 | hygienist or dental assistant before dismissal of
the patient, | ||||||
10 | but does not mean that the dentist must be present at all
times | ||||||
11 | in the treatment room.
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12 | "General supervision" means supervision of a dental | ||||||
13 | hygienist
requiring that the patient be a patient of record,
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14 | that the dentist
examine the patient in accordance with | ||||||
15 | Section 18 prior to treatment by the
dental hygienist, and | ||||||
16 | that the
dentist authorize the procedures which
are being | ||||||
17 | carried
out by a notation in the patient's record, but not | ||||||
18 | requiring that a dentist
be present when the authorized
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19 | procedures are being performed. The
issuance of a prescription | ||||||
20 | to a dental laboratory by a
dentist does not constitute | ||||||
21 | general supervision.
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22 | "Public member" means a person who is not a health | ||||||
23 | professional.
For purposes of board membership, any person | ||||||
24 | with a significant financial
interest in a health service or | ||||||
25 | profession is not a public member.
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26 | "Dentistry" means the healing art which is concerned with |
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1 | the
examination, diagnosis, treatment planning , and care of | ||||||
2 | conditions within
the human oral cavity and its adjacent | ||||||
3 | tissues and structures, as further
specified in Section 17.
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4 | "Branches of dentistry" means the various specialties of | ||||||
5 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
6 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
7 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
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8 | periodontics, prosthodontics, oral and maxillofacial
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9 | radiology, and dental anesthesiology.
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10 | "Specialist" means a dentist who has received a specialty | ||||||
11 | license
pursuant to Section 11(b).
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12 | "Dental technician" means a person who owns, operates , or | ||||||
13 | is
employed by a dental laboratory and engages in making, | ||||||
14 | providing, repairing ,
or altering dental prosthetic appliances | ||||||
15 | and other artificial materials and
devices which are returned | ||||||
16 | to a dentist for insertion into the human oral
cavity or which | ||||||
17 | come in contact with its adjacent structures and tissues.
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18 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
19 | dentist
or dental hygienist who is unable to practice with
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20 | reasonable skill and safety because of a physical or mental | ||||||
21 | disability as
evidenced by a written determination or written | ||||||
22 | consent based on clinical
evidence, including deterioration | ||||||
23 | through the aging process, loss of motor
skills, abuse of | ||||||
24 | drugs or alcohol, or a psychiatric disorder, of sufficient
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25 | degree to diminish the person's ability to deliver competent | ||||||
26 | patient care.
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1 | "Nurse" means a registered professional nurse, a certified | ||||||
2 | registered
nurse anesthetist licensed as an advanced practice
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3 | registered nurse, or a licensed practical nurse licensed under | ||||||
4 | the Nurse Practice Act.
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5 | "Patient of record" means a patient for whom the patient's | ||||||
6 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
7 | history and on whom the dentist has performed an
examination | ||||||
8 | and evaluated the condition to be treated.
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9 | "Dental responder" means a dentist or dental hygienist who | ||||||
10 | is appropriately certified in disaster preparedness, | ||||||
11 | immunizations, and dental humanitarian medical response | ||||||
12 | consistent with the Society of Disaster Medicine and Public | ||||||
13 | Health and training certified by the National Incident | ||||||
14 | Management System or the National Disaster Life Support | ||||||
15 | Foundation.
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16 | "Mobile dental van or portable dental unit" means any | ||||||
17 | self-contained or portable dental unit in which dentistry is | ||||||
18 | practiced that can be moved, towed, or transported from one | ||||||
19 | location to another in order to establish a location where | ||||||
20 | dental services can be provided. | ||||||
21 | "Public health dental hygienist" means a hygienist who | ||||||
22 | holds a valid license to practice in the State, has 2 years of | ||||||
23 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
24 | of clinical experience , and has completed at least 42 clock | ||||||
25 | hours of additional structured courses in dental education in | ||||||
26 | advanced areas specific to public health dentistry. |
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1 | "Public health setting" means a federally qualified health | ||||||
2 | center; a federal, State, or local public health facility; | ||||||
3 | Head Start; a special supplemental nutrition program for | ||||||
4 | Women, Infants, and Children (WIC) facility; a certified | ||||||
5 | school-based health center or school-based oral health | ||||||
6 | program; a prison; or a long-term care facility. | ||||||
7 | "Public health supervision" means the supervision of a | ||||||
8 | public health dental hygienist by a licensed dentist who has a | ||||||
9 | written public health supervision agreement with that public | ||||||
10 | health dental hygienist while working in an approved facility | ||||||
11 | or program that allows the public health dental hygienist to | ||||||
12 | treat patients, without a dentist first examining the patient | ||||||
13 | and being present in the facility during treatment, (1) who | ||||||
14 | are eligible for Medicaid or (2) who are uninsured and whose | ||||||
15 | household income is not greater than 300% 200% of the federal | ||||||
16 | poverty level. | ||||||
17 | "Teledentistry" means the use of telehealth systems and | ||||||
18 | methodologies in dentistry and includes patient care and | ||||||
19 | education delivery using synchronous and asynchronous | ||||||
20 | communications under a dentist's authority as provided under | ||||||
21 | this Act. | ||||||
22 | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | ||||||
23 | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | ||||||
24 | 1-1-23 .)
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25 | (225 ILCS 25/11) (from Ch. 111, par. 2311)
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1 | (Section scheduled to be repealed on January 1, 2026)
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2 | Sec. 11. Types of dental licenses. The Department shall | ||||||
3 | have the
authority to issue the following types of licenses:
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4 | (a) General licenses. The Department shall issue a license | ||||||
5 | authorizing
practice as a dentist to any person who qualifies | ||||||
6 | for a license under this Act.
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7 | (b) Specialty licenses. The Department shall issue a
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8 | license authorizing practice as a specialist in any particular
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9 | branch of dentistry to any dentist who has complied with the
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10 | requirements established for that particular branch of | ||||||
11 | dentistry at the
time of making application. The Department | ||||||
12 | shall establish additional
requirements of any dentist who | ||||||
13 | announces or holds himself or herself out
to the public as a | ||||||
14 | specialist or as being specially qualified in any
particular | ||||||
15 | branch of dentistry.
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16 | No dentist shall announce or hold himself or herself out | ||||||
17 | to the public as
a specialist or as being specially qualified | ||||||
18 | in any particular branch of
dentistry unless he or she is | ||||||
19 | licensed to practice in that specialty of
dentistry.
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20 | The fact that any dentist shall announce by card, | ||||||
21 | letterhead , or any
other form of communication using terms as | ||||||
22 | "Specialist ", ," "Practice
Limited To" , or "Limited to | ||||||
23 | Specialty of" with the name of the branch of
dentistry | ||||||
24 | practiced as a specialty, or shall use equivalent words or
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25 | phrases to announce the same, shall be prima facie evidence | ||||||
26 | that the
dentist is holding himself or herself out to the |
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1 | public as a specialist.
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2 | (c) Temporary training licenses. Persons who wish to | ||||||
3 | pursue
specialty or other advanced clinical educational | ||||||
4 | programs
in an approved dental school or a hospital situated
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5 | in this State, or persons who wish to pursue programs of | ||||||
6 | specialty
training in dental public health in public agencies | ||||||
7 | in this State, may
receive without examination, in the | ||||||
8 | discretion of the Department, a
temporary training license. In | ||||||
9 | order to receive a temporary
training license under this | ||||||
10 | subsection, an applicant shall furnish
satisfactory proof to | ||||||
11 | the Department that:
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12 | (1) The applicant is at least 21 years of age and is of | ||||||
13 | good moral
character. In determining moral character under | ||||||
14 | this Section, the
Department may take into consideration | ||||||
15 | any felony conviction of the
applicant, but such a | ||||||
16 | conviction shall not operate as bar to licensure;
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17 | (2) The applicant has been accepted or appointed for | ||||||
18 | specialty or
residency training by an approved hospital | ||||||
19 | situated in this State, by an
approved dental school | ||||||
20 | situated in this State, or by a public health agency
in | ||||||
21 | this State the training programs of which are recognized | ||||||
22 | and approved by
the Department. The applicant shall | ||||||
23 | indicate the beginning and ending
dates of the period for | ||||||
24 | which he or she has been accepted or appointed;
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25 | (3) The applicant is a graduate of a dental school or | ||||||
26 | college approved
and in good standing in the judgment of |
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1 | the Department.
The Department may consider diplomas or | ||||||
2 | certifications of education, or both,
accompanied by | ||||||
3 | transcripts of course work and credits awarded to | ||||||
4 | determine
if an applicant has graduated from a dental | ||||||
5 | school or college approved and
in good standing. The | ||||||
6 | Department may also consider diplomas or
certifications of | ||||||
7 | education, or both, accompanied by transcripts of course
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8 | work and credits awarded in determining whether a dental | ||||||
9 | school or college
is approved and in good standing.
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10 | Temporary training licenses issued under this
Section | ||||||
11 | shall be valid only for the duration of the period of residency | ||||||
12 | or
specialty training and may be extended or renewed as | ||||||
13 | prescribed by rule.
The holder of a valid temporary training | ||||||
14 | license shall be entitled thereby to
perform acts as may be | ||||||
15 | prescribed by and incidental to his or her program of
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16 | residency or specialty training; but he or she shall not be | ||||||
17 | entitled to
engage in the practice of dentistry in this State.
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18 | A temporary training license may be revoked by the
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19 | Department upon proof that the holder has engaged in the
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20 | practice of dentistry in this State outside of his or her | ||||||
21 | program of residency
or specialty training, or if the holder | ||||||
22 | shall fail to supply the
Department, within 10 days of its | ||||||
23 | request, with information as to his
or her current status and | ||||||
24 | activities in his or her specialty training program.
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25 | (d) Faculty limited licenses.
Persons who have received | ||||||
26 | full-time appointments to
teach dentistry at an approved |
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1 | dental school or hospital situated in this
State may receive | ||||||
2 | without examination, in the discretion of the Department,
a | ||||||
3 | faculty limited license. In order to
receive a faculty limited | ||||||
4 | license an applicant shall furnish satisfactory
proof to the | ||||||
5 | Department that:
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6 | (1) The applicant is at least 21 years of age, is of | ||||||
7 | good moral
character , and is licensed to
practice | ||||||
8 | dentistry in another state or country; and
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9 | (2) The applicant has a full-time appointment to teach
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10 | dentistry at an approved
dental school or hospital | ||||||
11 | situated in this State.
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12 | Faculty limited licenses issued under
this Section shall | ||||||
13 | be
valid for a period of 3 years and may be extended or
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14 | renewed. The
holder of a valid faculty limited license
may | ||||||
15 | perform acts as may
be required by his or her teaching of | ||||||
16 | dentistry.
The In addition, the holder of a faculty limited | ||||||
17 | license may practice general
dentistry or in his or her area of | ||||||
18 | specialty, but only in a clinic or office
affiliated with the | ||||||
19 | dental school. The holder of a faculty limited license may | ||||||
20 | advertise a specialty degree as part of the licensee's ability | ||||||
21 | to practice in a faculty practice. Any faculty limited license | ||||||
22 | issued to a
faculty member under this Section shall terminate | ||||||
23 | immediately and
automatically,
without any further action by | ||||||
24 | the Department, if the holder ceases to be a
faculty member at | ||||||
25 | an approved dental school or hospital in this State.
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26 | The Department may revoke a faculty limited license for a |
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1 | violation of
this Act or its rules, or if the holder fails to
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2 | supply the Department, within 10 days of its request, with | ||||||
3 | information as
to his or her current status and activities in | ||||||
4 | his or her teaching program.
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5 | (e) Inactive status. Any person who holds one of the | ||||||
6 | licenses
under subsection (a) or (b) of Section 11 or under | ||||||
7 | Section 12 of this Act may
elect, upon payment of
the required | ||||||
8 | fee, to place his or her license on an inactive status and | ||||||
9 | shall,
subject to the rules of the
Department, be excused from | ||||||
10 | the payment of renewal fees until he or she
notifies the | ||||||
11 | Department in writing of his or her desire to resume active
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12 | status.
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13 | Any licensee requesting restoration from inactive status | ||||||
14 | shall be
required to pay the current renewal fee and upon | ||||||
15 | payment the Department
shall be required to restore his or her | ||||||
16 | license, as provided in Section 16 of
this Act.
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17 | Any licensee whose license is in an
inactive status shall | ||||||
18 | not practice in the State of Illinois.
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19 | (f) Certificates of Identification. In addition to the | ||||||
20 | licenses
authorized by this Section, the Department shall | ||||||
21 | deliver to each dentist a
certificate of identification in a | ||||||
22 | form specified by the Department.
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23 | (Source: P.A. 100-976, eff. 1-1-19 .)
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24 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
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25 | (Section scheduled to be repealed on January 1, 2026)
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1 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
2 | person
practices dentistry, within the meaning of this Act:
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3 | (1) Who represents himself or herself as being able to | ||||||
4 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
5 | any disease, pain, deformity, deficiency,
injury, or | ||||||
6 | physical condition of the human tooth, teeth, alveolar | ||||||
7 | process,
gums , or jaw; or
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8 | (2) Who is a manager, proprietor, operator , or | ||||||
9 | conductor of a
business where
dental operations are | ||||||
10 | performed; or
| ||||||
11 | (3) Who performs dental operations of any kind; or
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12 | (4) Who uses an X-Ray machine or X-Ray films for
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13 | dental diagnostic purposes; or
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14 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
15 | or attempts to
correct
malpositions of the human teeth or | ||||||
16 | jaws; or
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17 | (6) Who offers or undertakes, by any means or method, | ||||||
18 | to diagnose, treat ,
or remove stains, calculus, and | ||||||
19 | bonding materials from human teeth or jaws; or
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20 | (7) Who uses or administers local or general | ||||||
21 | anesthetics in the treatment
of dental or oral diseases or | ||||||
22 | in any preparation incident to a dental operation
of any | ||||||
23 | kind or character; or
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24 | (8) Who takes material or digital scans for final | ||||||
25 | impressions of the human tooth, teeth, or jaws or performs
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26 | any phase of any operation incident to the replacement of |
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1 | a part of a tooth,
a tooth, teeth , or associated tissues by | ||||||
2 | means of a filling, crown, a bridge,
a denture , or other | ||||||
3 | appliance; or
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4 | (9) Who offers to furnish, supply, construct, | ||||||
5 | reproduce , or repair, or
who furnishes, supplies, | ||||||
6 | constructs, reproduces , or repairs, prosthetic
dentures, | ||||||
7 | bridges , or other substitutes for natural teeth, to the | ||||||
8 | user or
prospective user thereof; or
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9 | (10) Who instructs students on clinical matters or | ||||||
10 | performs any clinical
operation included in the curricula | ||||||
11 | of recognized dental schools and colleges; or
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12 | (11) Who takes material or digital scans for final | ||||||
13 | impressions of human teeth or places his or her hands in | ||||||
14 | the mouth of any person for the purpose of applying teeth | ||||||
15 | whitening materials, or who takes impressions of human | ||||||
16 | teeth or places his or her hands in the mouth of any person | ||||||
17 | for the purpose of assisting in the application of teeth | ||||||
18 | whitening materials. A person does not practice dentistry | ||||||
19 | when he or she discloses to the consumer that he or she is | ||||||
20 | not licensed as a dentist under this Act and (i) discusses | ||||||
21 | the use of teeth whitening materials with a consumer | ||||||
22 | purchasing these materials; (ii) provides instruction on | ||||||
23 | the use of teeth whitening materials with a consumer | ||||||
24 | purchasing these materials; or (iii) provides appropriate | ||||||
25 | equipment on-site to the consumer for the consumer to | ||||||
26 | self-apply teeth whitening materials. |
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1 | The fact that any person engages in or performs, or offers | ||||||
2 | to engage in
or perform, any of the practices, acts, or | ||||||
3 | operations set forth in this
Section, shall be prima facie | ||||||
4 | evidence that such person is engaged in the
practice of | ||||||
5 | dentistry.
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6 | The following practices, acts, and operations, however, | ||||||
7 | are exempt from
the operation of this Act:
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8 | (a) The rendering of dental relief in emergency cases | ||||||
9 | in the practice
of his or her profession by a physician or | ||||||
10 | surgeon, licensed as such
under the laws of this State, | ||||||
11 | unless he or she undertakes to reproduce or reproduces
| ||||||
12 | lost parts of the human teeth in the mouth or to restore or | ||||||
13 | replace lost
or missing teeth in the mouth; or
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14 | (b) The practice of dentistry in the discharge of | ||||||
15 | their official duties
by dentists in any branch of the | ||||||
16 | Armed Services of the United States, the
United States | ||||||
17 | Public Health Service, or the United States Veterans
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18 | Administration; or
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19 | (c) The practice of dentistry by students in their | ||||||
20 | course of study
in dental schools or colleges approved by | ||||||
21 | the Department, when acting under the
direction and | ||||||
22 | supervision of dentists acting as instructors; or
| ||||||
23 | (d) The practice of dentistry by clinical instructors | ||||||
24 | in the course of
their teaching duties in dental schools | ||||||
25 | or colleges approved by the
Department:
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26 | (i) when acting under the direction and |
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1 | supervision of dentists,
provided that such clinical | ||||||
2 | instructors have instructed continuously in
this State | ||||||
3 | since January 1, 1986; or
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4 | (ii) when holding the rank of full professor at | ||||||
5 | such approved dental
school or college and possessing | ||||||
6 | a current valid license or authorization
to practice | ||||||
7 | dentistry in another country; or
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8 | (e) The practice of dentistry by licensed dentists of | ||||||
9 | other states or
countries at meetings of the Illinois | ||||||
10 | State Dental Society or component
parts thereof, alumni | ||||||
11 | meetings of dental colleges, or any other like dental
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12 | organizations, while appearing as clinicians; or
| ||||||
13 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
14 | of dental or oral
tissues by dental hygienists or dental | ||||||
15 | assistants; or
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16 | (g) The performance of any dental service by a dental | ||||||
17 | assistant, if such
service is performed under the | ||||||
18 | supervision and full responsibility of a
dentist. In | ||||||
19 | addition, after being authorized by a dentist, a dental | ||||||
20 | assistant may, for the purpose of eliminating pain or | ||||||
21 | discomfort, remove loose, broken, or irritating | ||||||
22 | orthodontic appliances on a patient of record.
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23 | For purposes of this paragraph (g), "dental service" | ||||||
24 | is defined to mean
any intraoral procedure or act which | ||||||
25 | shall be prescribed by rule or
regulation of the | ||||||
26 | Department. " Dental service " , however, shall not include:
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1 | (1) Any and all diagnosis of or prescription for | ||||||
2 | treatment of disease,
pain, deformity, deficiency, | ||||||
3 | injury , or physical condition of the human teeth
or | ||||||
4 | jaws, or adjacent structures.
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5 | (2) Removal of, or restoration of, or addition
to | ||||||
6 | the hard or soft tissues of the oral cavity, except for | ||||||
7 | the placing, carving, and finishing of amalgam | ||||||
8 | restorations and placing, packing, and finishing | ||||||
9 | composite restorations by dental assistants who have | ||||||
10 | had additional formal education and certification. | ||||||
11 | A dental assistant may place, carve, and finish | ||||||
12 | amalgam restorations, place, pack, and finish | ||||||
13 | composite restorations, and place interim restorations | ||||||
14 | if he or she (A) has successfully completed a | ||||||
15 | structured training program as described in item (2) | ||||||
16 | of subsection (g) provided by an educational | ||||||
17 | institution accredited by the Commission on Dental | ||||||
18 | Accreditation, such as a dental school or dental | ||||||
19 | hygiene or dental assistant program, or (B) has at | ||||||
20 | least 4,000 hours of direct clinical patient care | ||||||
21 | experience and has successfully completed a structured | ||||||
22 | training program as described in item (2) of | ||||||
23 | subsection (g) provided by a statewide dental | ||||||
24 | association, approved by the Department to provide | ||||||
25 | continuing education, that has developed and conducted | ||||||
26 | training programs for expanded functions for dental |
| |||||||
| |||||||
1 | assistants or hygienists. The training program must: | ||||||
2 | (i) include a minimum of 16 hours of didactic study and | ||||||
3 | 14 hours of clinical manikin instruction; all training | ||||||
4 | programs shall include areas of study in nomenclature, | ||||||
5 | caries classifications, oral anatomy, periodontium, | ||||||
6 | basic occlusion, instrumentations, pulp protection | ||||||
7 | liners and bases, dental materials, matrix and wedge | ||||||
8 | techniques, amalgam placement and carving, rubber dam | ||||||
9 | clamp placement, and rubber dam placement and removal; | ||||||
10 | (ii) include an outcome assessment examination that | ||||||
11 | demonstrates competency; (iii) require the supervising | ||||||
12 | dentist to observe and approve the completion of 8 | ||||||
13 | amalgam or composite restorations; and (iv) issue a | ||||||
14 | certificate of completion of the training program, | ||||||
15 | which must be kept on file at the dental office and be | ||||||
16 | made available to the Department upon request. A | ||||||
17 | dental assistant must have successfully completed an | ||||||
18 | approved coronal polishing and dental sealant course | ||||||
19 | prior to taking the amalgam and composite restoration | ||||||
20 | course. | ||||||
21 | A dentist utilizing dental assistants shall not | ||||||
22 | supervise more than 4 dental assistants at any one | ||||||
23 | time for placing, carving, and finishing of amalgam | ||||||
24 | restorations or for placing, packing, and finishing | ||||||
25 | composite restorations.
| ||||||
26 | (3) Any and all correction of malformation of |
| |||||||
| |||||||
1 | teeth or of the jaws.
| ||||||
2 | (4) Administration of anesthetics, except for | ||||||
3 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
4 | sedation, and general anesthetic as provided in | ||||||
5 | Section 8.1 of this Act, that may be performed only | ||||||
6 | after successful completion of a training
program | ||||||
7 | approved by the Department. A dentist utilizing dental | ||||||
8 | assistants shall not supervise more than 4 dental | ||||||
9 | assistants at any one time for the monitoring of | ||||||
10 | nitrous oxide.
| ||||||
11 | (5) Removal of calculus from human teeth.
| ||||||
12 | (6) Taking of material or digital scans for final | ||||||
13 | impressions for the fabrication of prosthetic
| ||||||
14 | appliances,
crowns,
bridges, inlays, onlays, or other | ||||||
15 | restorative or replacement
dentistry.
| ||||||
16 | (7) The operative procedure of dental hygiene | ||||||
17 | consisting of oral
prophylactic procedures, except for | ||||||
18 | coronal polishing and pit and fissure sealants,
which | ||||||
19 | may be
performed by a
dental assistant who has | ||||||
20 | successfully completed a training program approved by
| ||||||
21 | the Department. Dental assistants may perform coronal | ||||||
22 | polishing under the
following circumstances: (i) the | ||||||
23 | coronal polishing shall be limited to
polishing the
| ||||||
24 | clinical crown of the tooth and existing restorations, | ||||||
25 | supragingivally; (ii)
the
dental assistant performing | ||||||
26 | the coronal polishing shall be limited to the use
of
|
| |||||||
| |||||||
1 | rotary instruments using a rubber cup or brush | ||||||
2 | polishing method (air polishing
is
not permitted); and | ||||||
3 | (iii) the supervising dentist shall not supervise more
| ||||||
4 | than 4
dental assistants at any one time for the task | ||||||
5 | of coronal polishing or pit and fissure sealants.
| ||||||
6 | In addition to coronal polishing and pit and | ||||||
7 | fissure sealants as described in this item (7), a | ||||||
8 | dental assistant who has at least 2,000 hours of | ||||||
9 | direct clinical patient care experience and who has | ||||||
10 | successfully completed a structured training program | ||||||
11 | provided by (1) an educational institution including, | ||||||
12 | but not limited to, a dental school or dental hygiene | ||||||
13 | or dental assistant program, or (2) a continuing | ||||||
14 | education provider approved by the Department, or (3) | ||||||
15 | a statewide dental or dental hygienist association , | ||||||
16 | approved by the Department on or before January 1, | ||||||
17 | 2017 (the effective date of Public Act 99-680), that | ||||||
18 | has developed and conducted a training program for | ||||||
19 | expanded functions for dental assistants or hygienists | ||||||
20 | may perform: (A) coronal scaling above the gum line, | ||||||
21 | supragingivally, on the clinical crown of the tooth | ||||||
22 | only on patients 17 years of age or younger who have an | ||||||
23 | absence of periodontal disease and who are not | ||||||
24 | medically compromised or individuals with special | ||||||
25 | needs and (B) intracoronal temporization of a tooth. | ||||||
26 | The training program must: (I) include a minimum of 32 |
| |||||||
| |||||||
1 | hours of instruction in both didactic and clinical | ||||||
2 | manikin or human subject instruction; all training | ||||||
3 | programs shall include areas of study in dental | ||||||
4 | anatomy, public health dentistry, medical history, | ||||||
5 | dental emergencies, and managing the pediatric | ||||||
6 | patient; (II) include an outcome assessment | ||||||
7 | examination that demonstrates competency; (III) | ||||||
8 | require the supervising dentist to observe and approve | ||||||
9 | the completion of 6 full mouth supragingival scaling | ||||||
10 | procedures unless the training was received as part of | ||||||
11 | a Commission on Dental Accreditation approved dental | ||||||
12 | assistant program; and (IV) issue a certificate of | ||||||
13 | completion of the training program, which must be kept | ||||||
14 | on file at the dental office and be made available to | ||||||
15 | the Department upon request. A dental assistant must | ||||||
16 | have successfully completed an approved coronal | ||||||
17 | polishing course prior to taking the coronal scaling | ||||||
18 | course. A dental assistant performing these functions | ||||||
19 | shall be limited to the use of hand instruments only. | ||||||
20 | In addition, coronal scaling as described in this | ||||||
21 | paragraph shall only be utilized on patients who are | ||||||
22 | eligible for Medicaid, who are uninsured, or whose | ||||||
23 | household income is not greater than 300% of the | ||||||
24 | federal poverty level. A dentist may not supervise | ||||||
25 | more than 2 dental assistants at any one time for the | ||||||
26 | task of coronal scaling. This paragraph is inoperative |
| |||||||
| |||||||
1 | on and after January 1, 2026. | ||||||
2 | The limitations on the number of dental assistants a | ||||||
3 | dentist may supervise contained in items (2), (4), and (7) | ||||||
4 | of this paragraph (g) mean a limit of 4 total dental | ||||||
5 | assistants or dental hygienists doing expanded functions | ||||||
6 | covered by these Sections being supervised by one dentist; | ||||||
7 | or | ||||||
8 | (h) The practice of dentistry by an individual who:
| ||||||
9 | (i) has applied in writing to the Department, in | ||||||
10 | form and substance
satisfactory to the Department, for | ||||||
11 | a general dental license and has
complied with all | ||||||
12 | provisions of Section 9 of this Act, except for the
| ||||||
13 | passage of the examination specified in subsection (e) | ||||||
14 | of Section 9 of this
Act; or
| ||||||
15 | (ii) has applied in writing to the Department, in | ||||||
16 | form and substance
satisfactory to the Department, for | ||||||
17 | a temporary dental license and has
complied with all | ||||||
18 | provisions of subsection (c) of Section 11 of this | ||||||
19 | Act; and
| ||||||
20 | (iii) has been accepted or appointed for specialty | ||||||
21 | or residency training
by a hospital situated in this | ||||||
22 | State; or
| ||||||
23 | (iv) has been accepted or appointed for specialty | ||||||
24 | training in an
approved dental program situated in | ||||||
25 | this State; or
| ||||||
26 | (v) has been accepted or appointed for specialty |
| |||||||
| |||||||
1 | training in a dental
public health agency situated in | ||||||
2 | this State.
| ||||||
3 | The applicant shall be permitted to practice dentistry | ||||||
4 | for a period of 3
months from the starting date of the | ||||||
5 | program, unless authorized in writing
by the Department to | ||||||
6 | continue such practice for a period specified in
writing | ||||||
7 | by the Department.
| ||||||
8 | The applicant shall only be entitled to perform such | ||||||
9 | acts as may be
prescribed by and incidental to his or her | ||||||
10 | program of residency or specialty
training and shall not | ||||||
11 | otherwise engage in the practice of dentistry in this
| ||||||
12 | State.
| ||||||
13 | The authority to practice shall terminate immediately | ||||||
14 | upon:
| ||||||
15 | (1) the decision of the Department that the | ||||||
16 | applicant has failed the
examination; or
| ||||||
17 | (2) denial of licensure by the Department; or
| ||||||
18 | (3) withdrawal of the application.
| ||||||
19 | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | ||||||
20 | 102-936, eff. 1-1-23 .)
| ||||||
21 | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
23 | Sec. 19. Licensing applicants from other states. Any | ||||||
24 | person who has
been lawfully licensed to practice dentistry, | ||||||
25 | including the practice of a licensed dental specialty, or |
| |||||||
| |||||||
1 | dental hygiene in
another state or territory
or as a member of | ||||||
2 | the military service which has and maintains a standard for | ||||||
3 | the practice of dentistry, a dental specialty, or dental
| ||||||
4 | hygiene at least equal to that now maintained in this State, or | ||||||
5 | if the
requirements for licensure in such state or territory | ||||||
6 | in which the
applicant was licensed were, at the date of his or | ||||||
7 | her licensure, substantially
equivalent to the requirements | ||||||
8 | then in force in this State, and who has
been lawfully engaged | ||||||
9 | in
the practice of dentistry or dental hygiene for at least 2 3 | ||||||
10 | of the 5 years
immediately preceding the filing of his or her | ||||||
11 | application
to practice in this State
and who shall deposit | ||||||
12 | with the Department a duly attested certificate from
the Board | ||||||
13 | of the state or territory in which he or she is licensed,
| ||||||
14 | certifying to the fact of his or her licensing and of his or | ||||||
15 | her being a
person of good moral character may, upon payment of | ||||||
16 | the required fee, be
granted a license to practice dentistry, | ||||||
17 | a dental specialty, or dental hygiene in this State, as the | ||||||
18 | case may be.
| ||||||
19 | For the purposes of this Section, "substantially | ||||||
20 | equivalent" means that the applicant has presented evidence of | ||||||
21 | completion and graduation from an American Dental Association | ||||||
22 | accredited dental college or school in the United States or | ||||||
23 | Canada, presented evidence that the applicant has passed both | ||||||
24 | parts of the National Board Dental Examination, and | ||||||
25 | successfully completed an examination conducted by a regional | ||||||
26 | testing service. In computing 3 of the immediately
preceding 5 |
| |||||||
| |||||||
1 | years of
practice in another state or territory, any person | ||||||
2 | who left the practice
of dentistry to enter the military | ||||||
3 | service and who practiced dentistry
while in the military | ||||||
4 | service may count as a part of such period the
time spent by | ||||||
5 | him or her in such service.
| ||||||
6 | Applicants have 3 years from the date of application to | ||||||
7 | complete the
application process. If the process has not been | ||||||
8 | completed in 3 years,
the application shall be denied, the fee | ||||||
9 | forfeited and the
applicant must reapply and meet the | ||||||
10 | requirements in effect at the time of
reapplication.
| ||||||
11 | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12 .)
| ||||||
12 | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
14 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
15 | licenses. The
Department may refuse to issue or renew, or may | ||||||
16 | revoke, suspend, place on
probation, reprimand or take other | ||||||
17 | disciplinary or non-disciplinary action as the Department
may | ||||||
18 | deem proper, including imposing fines not to exceed $10,000 | ||||||
19 | per violation, with
regard to any license for any one or any | ||||||
20 | combination of
the following causes:
| ||||||
21 | 1. Fraud or misrepresentation in applying for or | ||||||
22 | procuring a license under this Act, or in connection with | ||||||
23 | applying for renewal of a license under this Act.
| ||||||
24 | 2. Inability to practice with reasonable judgment, | ||||||
25 | skill, or safety as a result of habitual or excessive use |
| |||||||
| |||||||
1 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
2 | other chemical agent or drug.
| ||||||
3 | 3. Willful or repeated violations of the rules of the | ||||||
4 | Department of
Public Health or Department of Nuclear | ||||||
5 | Safety.
| ||||||
6 | 4. Acceptance of a fee for service as a witness, | ||||||
7 | without the
knowledge of the court, in addition to the fee | ||||||
8 | allowed by the court.
| ||||||
9 | 5. Division of fees or agreeing to split or divide the | ||||||
10 | fees received
for dental services with any person for | ||||||
11 | bringing or referring a patient,
except in regard to | ||||||
12 | referral services as provided for under Section 45,
or | ||||||
13 | assisting in the care or treatment of a patient,
without | ||||||
14 | the
knowledge of the patient or his or her legal | ||||||
15 | representative. Nothing in this item 5 affects any bona | ||||||
16 | fide independent contractor or employment arrangements | ||||||
17 | among health care professionals, health facilities, health | ||||||
18 | care providers, or other entities, except as otherwise | ||||||
19 | prohibited by law. Any employment arrangements may include | ||||||
20 | provisions for compensation, health insurance, pension, or | ||||||
21 | other employment benefits for the provision of services | ||||||
22 | within the scope of the licensee's practice under this | ||||||
23 | Act. Nothing in this item 5 shall be construed to require | ||||||
24 | an employment arrangement to receive professional fees for | ||||||
25 | services rendered.
| ||||||
26 | 6. Employing, procuring, inducing, aiding or abetting |
| |||||||
| |||||||
1 | a person not
licensed or registered as a dentist or dental | ||||||
2 | hygienist to engage in the practice of
dentistry or dental | ||||||
3 | hygiene. The person practiced upon is not an accomplice, | ||||||
4 | employer,
procurer, inducer, aider, or abetter within the | ||||||
5 | meaning of this Act.
| ||||||
6 | 7. Making any misrepresentations or false promises, | ||||||
7 | directly or
indirectly, to influence, persuade or induce | ||||||
8 | dental patronage.
| ||||||
9 | 8. Professional connection or association with or | ||||||
10 | lending his or her name
to another for the illegal | ||||||
11 | practice of dentistry by another, or
professional | ||||||
12 | connection or association with any person, firm or
| ||||||
13 | corporation holding himself, herself, themselves, or | ||||||
14 | itself out in any manner
contrary to this Act.
| ||||||
15 | 9. Obtaining or seeking to obtain practice, money, or | ||||||
16 | any other
things of value by false or fraudulent | ||||||
17 | representations, but
not limited to, engaging in such | ||||||
18 | fraudulent practice to defraud the
medical assistance | ||||||
19 | program of the Department of Healthcare and Family | ||||||
20 | Services (formerly Department of Public Aid) under the | ||||||
21 | Illinois Public Aid Code.
| ||||||
22 | 10. Practicing under a false or, except as provided by | ||||||
23 | law, an assumed name.
| ||||||
24 | 11. Engaging in dishonorable,
unethical, or | ||||||
25 | unprofessional conduct of a character likely to deceive,
| ||||||
26 | defraud, or harm the public.
|
| |||||||
| |||||||
1 | 12. Conviction by plea of guilty or nolo contendere, | ||||||
2 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
3 | sentencing for any crime, including, but not limited to, | ||||||
4 | convictions, preceding sentences of supervision, | ||||||
5 | conditional discharge, or first offender probation, under | ||||||
6 | the laws of any jurisdiction of the United States that (i) | ||||||
7 | is a felony under the laws of this State or (ii) is a | ||||||
8 | misdemeanor, an essential element of which is dishonesty, | ||||||
9 | or that is directly related to the practice of dentistry.
| ||||||
10 | 13. Permitting a dental hygienist, dental assistant or | ||||||
11 | other person
under his or her supervision to perform
any | ||||||
12 | operation not authorized by this Act.
| ||||||
13 | 14. Permitting more than 4 dental hygienists to be | ||||||
14 | employed under
his or her supervision at any one time.
| ||||||
15 | 15. A violation of any provision of this
Act or any | ||||||
16 | rules promulgated under this Act.
| ||||||
17 | 16. Taking impressions for or using the services of | ||||||
18 | any person, firm
or corporation violating this Act.
| ||||||
19 | 17. Violating any provision of Section 45 relating to | ||||||
20 | advertising.
| ||||||
21 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
22 | nation,
if at least one of the grounds for the discipline | ||||||
23 | is the
same or substantially equivalent to those set forth | ||||||
24 | within this Act.
| ||||||
25 | 19. Willfully failing to report an instance of | ||||||
26 | suspected child abuse or
neglect as required by the Abused |
| |||||||
| |||||||
1 | and Neglected Child Reporting
Act.
| ||||||
2 | 20. Gross negligence in practice under this Act.
| ||||||
3 | 21. The use or prescription for use of narcotics or | ||||||
4 | controlled substances
or designated products as listed in | ||||||
5 | the Illinois Controlled Substances
Act, in any way other | ||||||
6 | than for therapeutic purposes.
| ||||||
7 | 22. Willfully making or filing false records or | ||||||
8 | reports in his or her practice
as a dentist, including, | ||||||
9 | but not limited to, false records to support claims
| ||||||
10 | against the dental assistance program of the Department of | ||||||
11 | Healthcare and Family Services (formerly
Illinois | ||||||
12 | Department of Public
Aid).
| ||||||
13 | 23. Professional incompetence as manifested by poor | ||||||
14 | standards of care.
| ||||||
15 | 24. Physical or mental illness, including, but not | ||||||
16 | limited to,
deterioration
through
the aging process, or | ||||||
17 | loss of motor skills which results in a dentist's
| ||||||
18 | inability to practice dentistry with reasonable judgment, | ||||||
19 | skill or safety. In
enforcing this paragraph, the | ||||||
20 | Department may compel a person licensed to
practice under | ||||||
21 | this Act to submit to a mental or physical examination | ||||||
22 | pursuant
to the terms and conditions of Section 23b.
| ||||||
23 | 25. Gross or repeated irregularities in billing for | ||||||
24 | services rendered
to a patient. For purposes of this | ||||||
25 | paragraph 25, "irregularities in billing"
shall include:
| ||||||
26 | (a) Reporting excessive charges for the purpose of |
| |||||||
| |||||||
1 | obtaining a total
payment
in excess of that usually | ||||||
2 | received by the dentist for the services rendered.
| ||||||
3 | (b) Reporting charges for services not rendered.
| ||||||
4 | (c) Incorrectly reporting services rendered for | ||||||
5 | the purpose of obtaining
payment not earned.
| ||||||
6 | 26. Continuing the active practice of dentistry while | ||||||
7 | knowingly having
any infectious, communicable, or | ||||||
8 | contagious disease proscribed by rule or
regulation of the | ||||||
9 | Department.
| ||||||
10 | 27. Being named as a perpetrator in an indicated | ||||||
11 | report by the
Department of Children and Family Services | ||||||
12 | pursuant to the Abused and
Neglected Child Reporting Act, | ||||||
13 | and upon
proof by clear and convincing evidence that the | ||||||
14 | licensee has
caused a child to be an abused child or | ||||||
15 | neglected child as defined in the
Abused and Neglected | ||||||
16 | Child Reporting Act.
| ||||||
17 | 28. Violating the Health Care Worker Self-Referral | ||||||
18 | Act.
| ||||||
19 | 29. Abandonment of a patient.
| ||||||
20 | 30. Mental incompetency as declared by a court of | ||||||
21 | competent
jurisdiction.
| ||||||
22 | 31. A finding by the Department that the licensee, | ||||||
23 | after having his or her license placed on probationary | ||||||
24 | status, has violated the terms of probation. | ||||||
25 | 32. Material misstatement in furnishing information to | ||||||
26 | the Department. |
| |||||||
| |||||||
1 | 33. Failing, within 60 days, to provide information in | ||||||
2 | response to a written request by the Department in the | ||||||
3 | course of an investigation. | ||||||
4 | 34. Immoral conduct in the commission of any act, | ||||||
5 | including, but not limited to, commission of an act of | ||||||
6 | sexual misconduct related to the licensee's practice. | ||||||
7 | 35. Cheating on or attempting to subvert the licensing | ||||||
8 | examination administered under this Act. | ||||||
9 | 36. A pattern of practice or other behavior that | ||||||
10 | demonstrates incapacity or incompetence to practice under | ||||||
11 | this Act. | ||||||
12 | 37. Failure to establish and maintain records of | ||||||
13 | patient care and treatment as required under this Act. | ||||||
14 | 38. Failure to provide copies of dental records as | ||||||
15 | required by law. | ||||||
16 | 39. Failure to give notice to patients when closing a | ||||||
17 | dental office. | ||||||
18 | All proceedings to suspend, revoke, place on probationary | ||||||
19 | status, or
take any other disciplinary action as the | ||||||
20 | Department may deem proper, with
regard to a license on any of | ||||||
21 | the foregoing grounds, must be commenced
within 5 years after | ||||||
22 | receipt by the Department of a complaint alleging the
| ||||||
23 | commission of or notice of the conviction order for any of the | ||||||
24 | acts
described herein. Except for fraud in procuring a | ||||||
25 | license, no
action shall be commenced more than 7 years after | ||||||
26 | the date of the incident
or act alleged to have violated this |
| |||||||
| |||||||
1 | Section. The time during which the
holder of the license was | ||||||
2 | outside the State of Illinois shall not be
included within any | ||||||
3 | period of time limiting the commencement of
disciplinary | ||||||
4 | action by the Department.
| ||||||
5 | All fines imposed under this Section shall be paid within | ||||||
6 | 60 days after the effective date of the order imposing the fine | ||||||
7 | or in accordance with the terms set forth in the order imposing | ||||||
8 | the fine. | ||||||
9 | The Department may refuse to issue or may suspend the | ||||||
10 | license of any
person who fails to file a return, or to pay the | ||||||
11 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
12 | final assessment of tax, penalty or
interest, as required by | ||||||
13 | any tax Act administered by the Illinois
Department of | ||||||
14 | Revenue, until such time as the requirements of
any such tax | ||||||
15 | Act are satisfied.
| ||||||
16 | Any dentist who has had his or her license suspended or | ||||||
17 | revoked for more than 5 years must comply with the | ||||||
18 | requirements for restoration set forth in Section 16 prior to | ||||||
19 | being eligible for reinstatement from the suspension or | ||||||
20 | revocation. | ||||||
21 | (Source: P.A. 99-492, eff. 12-31-15.)
| ||||||
22 | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
24 | Sec. 50. Patient records. Every dentist shall make
a | ||||||
25 | record of all dental work performed for each patient. The |
| |||||||
| |||||||
1 | record shall
be made in a manner and in sufficient detail that | ||||||
2 | it may be used for
identification purposes. Dental records are | ||||||
3 | the property of the office in which dentistry is practiced.
| ||||||
4 | Dental records required by this Section shall be | ||||||
5 | maintained for 10 years.
Dental records required to be | ||||||
6 | maintained under this Section, or copies
of those dental | ||||||
7 | records, shall be made available upon request to the
patient | ||||||
8 | or the patient's guardian. A dentist shall be entitled to | ||||||
9 | reasonable reimbursement for the cost of reproducing these | ||||||
10 | records, which shall not exceed the cost allowed under Section | ||||||
11 | 8-2001 of the Code of Civil Procedure. A dentist providing | ||||||
12 | services through a mobile dental van or portable dental unit | ||||||
13 | shall provide to the patient or the patient's parent or | ||||||
14 | guardian, in writing, the dentist's name, license number, | ||||||
15 | address, and information on how the patient or the patient's | ||||||
16 | parent or guardian may obtain the patient's dental records, as | ||||||
17 | provided by law.
| ||||||
18 | (Source: P.A. 99-492, eff. 12-31-15.)
| ||||||
19 | (225 ILCS 25/50.1 new) | ||||||
20 | Sec. 50.1. Closing a dental office. A dental office that | ||||||
21 | is closing and will not continue to offer dentistry services | ||||||
22 | must provide notice to the public at least 30 days prior to the | ||||||
23 | closure. The notice to the public shall include an explanation | ||||||
24 | of how copies of the patient's records may be accessed or | ||||||
25 | obtained by the patient. The notice may be given by |
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1 | publication in a newspaper of general circulation in the area | ||||||
2 | in which the dental office is located or in an electronic | ||||||
3 | format accessible by the public. ".
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