Sen. Julie A. Morrison

Filed: 4/4/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2822

2    AMENDMENT NO. ______. Amend Senate Bill 2822, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Dental Practice Act is amended by
6changing Sections 4, 8.1, 17, 19.2, and 45 as follows:
 
7    (225 ILCS 25/4)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Board" means the Board of Dentistry.
6    "Dentist" means a person who has received a general
7license pursuant to paragraph (a) of Section 11 of this Act and
8who may perform any intraoral and extraoral procedure required
9in the practice of dentistry and to whom is reserved the
10responsibilities specified in Section 17.
11    "Dental hygienist" means a person who holds a license
12under this Act to perform dental services as authorized by
13Section 18.
14    "Dental assistant" means an appropriately trained person
15who, under the supervision of a dentist, provides dental
16services as authorized by Section 17.
17    "Expanded function dental assistant" means a dental
18assistant who has completed the training required by Section
1917.1 of this Act.
20    "Dental laboratory" means a person, firm, or corporation
21which:
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
3        (iii) performs such functions only for a dentist or
4    dentists.
5    "Supervision" means supervision of a dental hygienist or a
6dental assistant requiring that a dentist authorize the
7procedure, remain in the dental facility while the procedure
8is performed, and approve the work performed by the dental
9hygienist or dental assistant before dismissal of the patient,
10but does not mean that the dentist must be present at all times
11in the treatment room.
12    "General supervision" means supervision of a dental
13hygienist requiring that the patient be a patient of record,
14that the dentist examine the patient in accordance with
15Section 18 prior to treatment by the dental hygienist, and
16that the dentist authorize the procedures which are being
17carried out by a notation in the patient's record, but not
18requiring that a dentist be present when the authorized
19procedures are being performed. The issuance of a prescription
20to a dental laboratory by a dentist does not constitute
21general supervision.
22    "Public member" means a person who is not a health
23professional. For purposes of board membership, any person
24with a significant financial interest in a health service or
25profession is not a public member.
26    "Dentistry" means the healing art which is concerned with

 

 

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1the examination, diagnosis, treatment planning, and care of
2conditions within the human oral cavity and its adjacent
3tissues and structures, as further specified in Section 17.
4    "Branches of dentistry" means the various specialties of
5dentistry which, for purposes of this Act, shall be limited to
6the following: endodontics, oral and maxillofacial surgery,
7orthodontics and dentofacial orthopedics, pediatric dentistry,
8periodontics, prosthodontics, oral and maxillofacial
9radiology, and dental anesthesiology.
10    "Specialist" means a dentist who has received a specialty
11license pursuant to Section 11(b).
12    "Dental technician" means a person who owns, operates, or
13is employed by a dental laboratory and engages in making,
14providing, repairing, or altering dental prosthetic appliances
15and other artificial materials and devices which are returned
16to a dentist for insertion into the human oral cavity or which
17come in contact with its adjacent structures and tissues.
18    "Impaired dentist" or "impaired dental hygienist" means a
19dentist or dental hygienist who is unable to practice with
20reasonable skill and safety because of a physical or mental
21disability as evidenced by a written determination or written
22consent based on clinical evidence, including deterioration
23through the aging process, loss of motor skills, abuse of
24drugs or alcohol, or a psychiatric disorder, of sufficient
25degree to diminish the person's ability to deliver competent
26patient care.

 

 

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

 

 

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1    "Public health setting" means a federally qualified health
2center; a federal, State, or local public health facility;
3Head Start; a special supplemental nutrition program for
4Women, Infants, and Children (WIC) facility; a certified
5school-based health center or school-based oral health
6program; a prison; or a long-term care facility.
7    "Public health supervision" means the supervision of a
8public health dental hygienist by a licensed dentist who has a
9written public health supervision agreement with that public
10health dental hygienist while working in an approved facility
11or program that allows the public health dental hygienist to
12treat patients, without a dentist first examining the patient
13and being present in the facility during treatment, (1) who
14are eligible for Medicaid or (2) who are uninsured or whose
15household income is not greater than 300% of the federal
16poverty level.
17    "Teledentistry" means the use of telehealth systems and
18methodologies in dentistry and includes patient care and
19education delivery using synchronous and asynchronous
20communications under a dentist's authority as provided under
21this Act.
22    "Moderate sedation" means a drug-induced depression of
23consciousness during which: (1) patients respond purposefully
24to verbal commands, either alone or accompanied by light
25tactile stimulation; (2) no interventions are required to
26maintain a patient's airway and spontaneous ventilation is

 

 

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1adequate; and (3) cardiovascular function is usually
2maintained.
3    "Deep sedation" means a drug-induced depression of
4consciousness during which: (1) patients cannot be easily
5aroused, but respond purposefully following repeated or
6painful stimulation; (2) the ability to independently maintain
7ventilatory function may be impaired; (3) patients may require
8assistance in maintaining airways and spontaneous ventilation
9may be inadequate; and (4) cardiovascular function is usually
10maintained.
11    "General anesthesia" means a drug-induced loss of
12consciousness during which: (1) patients are not arousable,
13even by painful stimulation; (2) the ability to independently
14maintain ventilatory function is often impaired; (3) patients
15often require assistance in maintaining airways and positive
16pressure ventilation may be required because of depressed
17spontaneous ventilation or drug-induced depression of
18neuromuscular function; and (4) cardiovascular function may be
19impaired.
20    "Venipuncture" means the puncture of a vein as part of a
21medical procedure, typically to withdraw a blood sample or for
22an intravenous catheter for the administration of medication
23or fluids.
24    "Enteral route of administration" means administration of
25a drug that is absorbed through the gastrointestinal tract or
26through oral, rectal, or sublingual mucosa.

 

 

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1    "Parenteral route of administration" means administration
2of a drug by which the drug bypasses the gastrointestinal
3tract through intramuscular, intravenous, intranasal,
4submucosal, subcutaneous, or intraosseous methods.
5(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
6102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
71-1-24; revised 12-15-23.)
 
8    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 8.1. Permit for the administration of anesthesia and
11sedation.
12    (a) No licensed dentist shall administer general
13anesthesia, deep sedation, or moderate conscious sedation
14without first applying for and obtaining a permit for such
15purpose from the Department. The Department shall issue such
16permit only after ascertaining that the applicant possesses
17the minimum qualifications necessary to protect public safety.
18A person with a dental degree who administers anesthesia, deep
19sedation, or moderate conscious sedation in an approved
20hospital training program under the supervision of either a
21licensed dentist holding such permit or a physician licensed
22to practice medicine in all its branches shall not be required
23to obtain such permit.
24    (b) The minimum requirements for a permit to administer
25moderate sedation issued after the effective date of this

 

 

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1amendatory Act of the 103rd General Assembly shall include the
2completion of a minimum of 75 hours of didactic and supervised
3clinical study in either:
4        (1) an American Dental Association Commission on
5    Dental Accreditation accredited dental specialty program,
6    general practice residency, or advanced education in
7    general dentistry residency that includes training and
8    documentation in moderate sedation techniques appropriate
9    for each specialty or an American Dental Association
10    Commission on Dental Accreditation accredited dental
11    anesthesiology residency program and proof of completion
12    of 20 individually managed patients utilizing appropriate
13    routes of administration, in which the applicant is the
14    sole provider, which can include, but are not limited to,
15    intravenous, oral, intranasal, or intramuscular or
16    combinations thereof; or
17        (2) a structured course of study provided by an
18    approved continuing education provider that includes
19    training and documentation in moderate sedation, physical
20    evaluation, venipuncture, advanced airway management,
21    technical administration, recognition and management of
22    complications and emergencies and monitoring with
23    additional supervised experience and documentation
24    demonstrating competence in providing moderate sedation
25    utilizing enteral and parenteral routes of administration
26    of medications to competency to 20 individual patient

 

 

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1    experiences on a 1 to 1 ratio with an instructor, in which
2    the applicant is the sole provider of sedation over a
3    continuous time frame as set by the Department and as
4    provided in the American Dental Association's Guidelines
5    for Teaching Pain Control and Sedation to Dentists and
6    Dental Students.
7    (b-5) The minimum requirements for a permit to administer
8deep sedation and general anesthesia issued after the
9effective date of this amendatory Act of the 103rd General
10Assembly shall include:
11        (1) the completion of a minimum of 2 years of advanced
12    training in anesthesiology beyond the pre-doctoral level
13    in a training program approved by the American Dental
14    Association's Council on Dental Education and Licensure,
15    as outlined in Guidelines for Teaching Pain Control and
16    Sedation to Dentists and Dental Students, as published by
17    the American Dental Association's Council on Dental
18    Education and Licensure;
19        (2) a specialty license in oral and maxillofacial
20    surgery;
21        (3) completion of an accredited oral or maxillofacial
22    surgery residency program; or
23        (4) the completion of an American Dental Association
24    Commission on Dental Accreditation accredited dental
25    anesthesiology residency program.
26    (b-10) The Department may establish, by rule, additional

 

 

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1training programs and training requirements consistent with
2this Section to ensure patient safety in dental offices
3administering anesthesia, which shall include, but not be
4limited to the following In determining the minimum permit
5qualifications that are necessary to protect public safety,
6the Department, by rule, shall:
7        (1) (blank); establish the minimum educational and
8    training requirements necessary for a dentist to be issued
9    an appropriate permit;
10        (2) establish the standards for properly equipped
11    dental facilities (other than licensed hospitals and
12    ambulatory surgical treatment centers) in which general
13    anesthesia, deep sedation, or moderate conscious sedation
14    is administered, as necessary to protect public safety;
15        (3) establish minimum requirements for all persons who
16    assist the dentist in the administration of general
17    anesthesia, deep sedation, or moderate conscious sedation,
18    including minimum training requirements for each member of
19    the dental team, monitoring requirements, recordkeeping
20    requirements, and emergency procedures;
21        (4) ensure that the dentist has completed and
22    maintains current certification in advanced cardiac life
23    support or pediatric advanced life support and all persons
24    assisting the dentist or monitoring the administration of
25    general anesthesia, deep sedation, or moderate conscious
26    sedation maintain current certification in Basic Life

 

 

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1    Support (BLS); and
2        (5) establish continuing education requirements in
3    sedation techniques and airway management for dentists who
4    possess a permit under this Section.
5    The Department shall adopt rules that ensure that a
6continuing education course designed to meet the permit
7requirements for moderate sedation training is reviewed and
8certified by the Department if the course is not accredited by
9the American Dental Association Commission on Dental
10Accreditation.
11    When establishing requirements under this Section, the
12Department shall consider the current American Dental
13Association guidelines on sedation and general anesthesia, the
14current "Guidelines for Monitoring and Management of Pediatric
15Patients During and After Sedation for Diagnostic and
16Therapeutic Procedures" established by the American Academy of
17Pediatrics and the American Academy of Pediatric Dentistry,
18and the current parameters of care and Office Anesthesia
19Evaluation (OAE) Manual established by the American
20Association of Oral and Maxillofacial Surgeons.
21    (c) A licensed dentist must hold an appropriate permit
22issued under this Section in order to perform dentistry while
23a nurse anesthetist administers moderate conscious sedation,
24and a valid written collaborative agreement must exist between
25the dentist and the nurse anesthetist, in accordance with the
26Nurse Practice Act.

 

 

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1    A licensed dentist must hold an appropriate permit issued
2under this Section in order to perform dentistry while a nurse
3anesthetist administers deep sedation or general anesthesia,
4and a valid written collaborative agreement must exist between
5the dentist and the nurse anesthetist, in accordance with the
6Nurse Practice Act.
7    For the purposes of this subsection (c), "nurse
8anesthetist" means a licensed certified registered nurse
9anesthetist who holds a license as an advanced practice
10registered nurse.
11(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18;
12101-162, eff. 7-26-19.)
 
13    (225 ILCS 25/17)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 17. Acts constituting the practice of dentistry. A
16person practices dentistry, within the meaning of this Act:
17        (1) Who represents himself or herself as being able to
18    diagnose or diagnoses, treats, prescribes, or operates for
19    any disease, pain, deformity, deficiency, injury, or
20    physical condition of the human tooth, teeth, alveolar
21    process, gums, or jaw; or
22        (2) Who is a manager, proprietor, operator, or
23    conductor of a business where dental operations are
24    performed; or
25        (3) Who performs dental operations of any kind; or

 

 

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1        (4) Who uses an X-Ray machine or X-Ray films for
2    dental diagnostic purposes; or
3        (5) Who extracts a human tooth or teeth, or corrects
4    or attempts to correct malpositions of the human teeth or
5    jaws; or
6        (6) Who offers or undertakes, by any means or method,
7    to diagnose, treat, or remove stains, calculus, and
8    bonding materials from human teeth or jaws; or
9        (7) Who uses or administers local or general
10    anesthetics in the treatment of dental or oral diseases or
11    in any preparation incident to a dental operation of any
12    kind or character; or
13        (8) Who takes material or digital scans for final
14    impressions of the human tooth, teeth, or jaws or performs
15    any phase of any operation incident to the replacement of
16    a part of a tooth, a tooth, teeth, or associated tissues by
17    means of a filling, a crown, a bridge, a denture, or other
18    appliance; or
19        (9) Who offers to furnish, supply, construct,
20    reproduce, or repair, or who furnishes, supplies,
21    constructs, reproduces, or repairs, prosthetic dentures,
22    bridges, or other substitutes for natural teeth, to the
23    user or prospective user thereof; or
24        (10) Who instructs students on clinical matters or
25    performs any clinical operation included in the curricula
26    of recognized dental schools and colleges; or

 

 

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1        (11) Who takes material or digital scans for final
2    impressions of human teeth or places his or her hands in
3    the mouth of any person for the purpose of applying teeth
4    whitening materials, or who takes impressions of human
5    teeth or places his or her hands in the mouth of any person
6    for the purpose of assisting in the application of teeth
7    whitening materials. A person does not practice dentistry
8    when he or she discloses to the consumer that he or she is
9    not licensed as a dentist under this Act and (i) discusses
10    the use of teeth whitening materials with a consumer
11    purchasing these materials; (ii) provides instruction on
12    the use of teeth whitening materials with a consumer
13    purchasing these materials; or (iii) provides appropriate
14    equipment on-site to the consumer for the consumer to
15    self-apply teeth whitening materials.
16    The fact that any person engages in or performs, or offers
17to engage in or perform, any of the practices, acts, or
18operations set forth in this Section, shall be prima facie
19evidence that such person is engaged in the practice of
20dentistry.
21    The following practices, acts, and operations, however,
22are exempt from the operation of this Act:
23        (a) The rendering of dental relief in emergency cases
24    in the practice of his or her profession by a physician or
25    surgeon, licensed as such under the laws of this State,
26    unless he or she undertakes to reproduce or reproduces

 

 

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1    lost parts of the human teeth in the mouth or to restore or
2    replace lost or missing teeth in the mouth; or
3        (b) The practice of dentistry in the discharge of
4    their official duties by dentists in any branch of the
5    Armed Services of the United States, the United States
6    Public Health Service, or the United States Veterans
7    Administration; or
8        (c) The practice of dentistry by students in their
9    course of study in dental schools or colleges approved by
10    the Department, when acting under the direction and
11    supervision of dentists acting as instructors; or
12        (d) The practice of dentistry by clinical instructors
13    in the course of their teaching duties in dental schools
14    or colleges approved by the Department:
15            (i) when acting under the direction and
16        supervision of dentists, provided that such clinical
17        instructors have instructed continuously in this State
18        since January 1, 1986; or
19            (ii) when holding the rank of full professor at
20        such approved dental school or college and possessing
21        a current valid license or authorization to practice
22        dentistry in another country; or
23        (e) The practice of dentistry by licensed dentists of
24    other states or countries at meetings of the Illinois
25    State Dental Society or component parts thereof, alumni
26    meetings of dental colleges, or any other like dental

 

 

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1    organizations, while appearing as clinicians; or
2        (f) The use of X-Ray machines for exposing X-Ray films
3    of dental or oral tissues by dental hygienists or dental
4    assistants; or
5        (g) The performance of any dental service by a dental
6    assistant, if such service is performed under the
7    supervision and full responsibility of a dentist. In
8    addition, after being authorized by a dentist, a dental
9    assistant may, for the purpose of eliminating pain or
10    discomfort, remove loose, broken, or irritating
11    orthodontic appliances on a patient of record.
12        For purposes of this paragraph (g), "dental service"
13    is defined to mean any intraoral procedure or act which
14    shall be prescribed by rule or regulation of the
15    Department. "Dental service", however, shall not include:
16            (1) Any and all diagnosis of or prescription for
17        treatment of disease, pain, deformity, deficiency,
18        injury, or physical condition of the human teeth or
19        jaws, or adjacent structures.
20            (2) Removal of, restoration of, or addition to the
21        hard or soft tissues of the oral cavity, except for the
22        placing, carving, and finishing of amalgam
23        restorations and placing, packing, and finishing
24        composite restorations by dental assistants who have
25        had additional formal education and certification.
26            A dental assistant may place, carve, and finish

 

 

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1        amalgam restorations, place, pack, and finish
2        composite restorations, and place interim restorations
3        if he or she (A) has successfully completed a
4        structured training program as described in item (2)
5        of subsection (g) provided by an educational
6        institution accredited by the Commission on Dental
7        Accreditation, such as a dental school or dental
8        hygiene or dental assistant program, or (B) has at
9        least 4,000 hours of direct clinical patient care
10        experience and has successfully completed a structured
11        training program as described in item (2) of
12        subsection (g) provided by a statewide dental
13        association, approved by the Department to provide
14        continuing education, that has developed and conducted
15        training programs for expanded functions for dental
16        assistants or hygienists. The training program must:
17        (i) include a minimum of 16 hours of didactic study and
18        14 hours of clinical manikin instruction; all training
19        programs shall include areas of study in nomenclature,
20        caries classifications, oral anatomy, periodontium,
21        basic occlusion, instrumentations, pulp protection
22        liners and bases, dental materials, matrix and wedge
23        techniques, amalgam placement and carving, rubber dam
24        clamp placement, and rubber dam placement and removal;
25        (ii) include an outcome assessment examination that
26        demonstrates competency; (iii) require the supervising

 

 

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1        dentist to observe and approve the completion of 8
2        amalgam or composite restorations; and (iv) issue a
3        certificate of completion of the training program,
4        which must be kept on file at the dental office and be
5        made available to the Department upon request. A
6        dental assistant must have successfully completed an
7        approved coronal polishing and dental sealant course
8        prior to taking the amalgam and composite restoration
9        course.
10            A dentist utilizing dental assistants shall not
11        supervise more than 4 dental assistants at any one
12        time for placing, carving, and finishing of amalgam
13        restorations or for placing, packing, and finishing
14        composite restorations.
15            (3) Any and all correction of malformation of
16        teeth or of the jaws.
17            (4) Administration of anesthetics, except for
18        monitoring of nitrous oxide, moderate conscious
19        sedation, deep sedation, and general anesthetic as
20        provided in Section 8.1 of this Act, that may be
21        performed only after successful completion of a
22        training program approved by the Department. A dentist
23        utilizing dental assistants shall not supervise more
24        than 4 dental assistants at any one time for the
25        monitoring of nitrous oxide.
26            (5) Removal of calculus from human teeth.

 

 

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1            (6) Taking of material or digital scans for final
2        impressions for the fabrication of prosthetic
3        appliances, crowns, bridges, inlays, onlays, or other
4        restorative or replacement dentistry.
5            (7) The operative procedure of dental hygiene
6        consisting of oral prophylactic procedures, except for
7        coronal polishing and pit and fissure sealants, which
8        may be performed by a dental assistant who has
9        successfully completed a training program approved by
10        the Department. Dental assistants may perform coronal
11        polishing under the following circumstances: (i) the
12        coronal polishing shall be limited to polishing the
13        clinical crown of the tooth and existing restorations,
14        supragingivally; (ii) the dental assistant performing
15        the coronal polishing shall be limited to the use of
16        rotary instruments using a rubber cup or brush
17        polishing method (air polishing is not permitted); and
18        (iii) the supervising dentist shall not supervise more
19        than 4 dental assistants at any one time for the task
20        of coronal polishing or pit and fissure sealants.
21            In addition to coronal polishing and pit and
22        fissure sealants as described in this item (7), a
23        dental assistant who has at least 2,000 hours of
24        direct clinical patient care experience and who has
25        successfully completed a structured training program
26        provided by (1) an educational institution including,

 

 

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1        but not limited to, a dental school or dental hygiene
2        or dental assistant program, (2) a continuing
3        education provider approved by the Department, or (3)
4        a statewide dental or dental hygienist association
5        that has developed and conducted a training program
6        for expanded functions for dental assistants or
7        hygienists may perform: (A) coronal scaling above the
8        gum line, supragingivally, on the clinical crown of
9        the tooth only on patients 17 years of age or younger
10        who have an absence of periodontal disease and who are
11        not medically compromised or individuals with special
12        needs and (B) intracoronal temporization of a tooth.
13        The training program must: (I) include a minimum of 32
14        hours of instruction in both didactic and clinical
15        manikin or human subject instruction; all training
16        programs shall include areas of study in dental
17        anatomy, public health dentistry, medical history,
18        dental emergencies, and managing the pediatric
19        patient; (II) include an outcome assessment
20        examination that demonstrates competency; (III)
21        require the supervising dentist to observe and approve
22        the completion of 6 full mouth supragingival scaling
23        procedures unless the training was received as part of
24        a Commission on Dental Accreditation approved dental
25        assistant program; and (IV) issue a certificate of
26        completion of the training program, which must be kept

 

 

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1        on file at the dental office and be made available to
2        the Department upon request. A dental assistant must
3        have successfully completed an approved coronal
4        polishing course prior to taking the coronal scaling
5        course. A dental assistant performing these functions
6        shall be limited to the use of hand instruments only.
7        In addition, coronal scaling as described in this
8        paragraph shall only be utilized on patients who are
9        eligible for Medicaid, who are uninsured, or whose
10        household income is not greater than 300% of the
11        federal poverty level. A dentist may not supervise
12        more than 2 dental assistants at any one time for the
13        task of coronal scaling. This paragraph is inoperative
14        on and after January 1, 2026.
15        The limitations on the number of dental assistants a
16    dentist may supervise contained in items (2), (4), and (7)
17    of this paragraph (g) mean a limit of 4 total dental
18    assistants or dental hygienists doing expanded functions
19    covered by these Sections being supervised by one dentist;
20    or
21        (h) The practice of dentistry by an individual who:
22            (i) has applied in writing to the Department, in
23        form and substance satisfactory to the Department, for
24        a general dental license and has complied with all
25        provisions of Section 9 of this Act, except for the
26        passage of the examination specified in subsection (e)

 

 

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1        of Section 9 of this Act; or
2            (ii) has applied in writing to the Department, in
3        form and substance satisfactory to the Department, for
4        a temporary dental license and has complied with all
5        provisions of subsection (c) of Section 11 of this
6        Act; and
7            (iii) has been accepted or appointed for specialty
8        or residency training by a hospital situated in this
9        State; or
10            (iv) has been accepted or appointed for specialty
11        training in an approved dental program situated in
12        this State; or
13            (v) has been accepted or appointed for specialty
14        training in a dental public health agency situated in
15        this State.
16        The applicant shall be permitted to practice dentistry
17    for a period of 3 months from the starting date of the
18    program, unless authorized in writing by the Department to
19    continue such practice for a period specified in writing
20    by the Department.
21        The applicant shall only be entitled to perform such
22    acts as may be prescribed by and incidental to his or her
23    program of residency or specialty training and shall not
24    otherwise engage in the practice of dentistry in this
25    State.
26        The authority to practice shall terminate immediately

 

 

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1    upon:
2            (1) the decision of the Department that the
3        applicant has failed the examination; or
4            (2) denial of licensure by the Department; or
5            (3) withdrawal of the application.
6(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
7103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
 
8    (225 ILCS 25/19.2)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 19.2. Temporary permit for free dental care.
11    (a) Upon Board recommendation, the Department may issue a
12temporary permit authorizing the practice in this State,
13without compensation, of dentistry to an applicant who is
14licensed to practice dentistry in another state, if all of the
15following apply:
16        (1) the Department determines that the applicant's
17    services will improve the welfare of Illinois residents
18    who are eligible for Medicaid or who are uninsured and
19    whose household income is not greater than 200% of the
20    federal poverty level;
21        (2) the applicant has graduated from a dental program
22    approved by the American Dental Association's Commission
23    on Dental Accreditation and maintains an equivalent
24    authorization to practice dentistry in good standing in
25    his or her native licensing jurisdiction during the period

 

 

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1    of the temporary visiting dentist permit and can furnish
2    the Department a certified letter upon request from that
3    jurisdiction attesting to the fact that the applicant has
4    no pending action or violations against his or her
5    license;
6        (3) the applicant has received an invitation to
7    perform dental care by a charitable organization or has
8    received an invitation to study or receive training on
9    specific dental or clinical subjects or techniques by a
10    licensed continuing education sponsor who is approved by
11    the Department to provide clinical training in the State
12    of Illinois on patients for the welfare of Illinois
13    residents pursuant to subsection (a-5) and is in
14    compliance with the provisions of this Act;
15        (4) the applicant will be working pursuant to a
16    collaborative agreement with and under the direct
17    supervision of an Illinois licensed dentist, who is in
18    good standing, during the duration of the program. The
19    supervising dentist must be physically present during all
20    clinical training courses; and
21        (5) payment of a fee established by rule.
22    The Department may adopt rules to implement this
23subsection.
24    (a-5) Upon Board recommendation, after the filing of an
25application, the Department may allow approved continuing
26education sponsors to be licensed to provide live patient

 

 

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1continuing education clinical training courses if the
2following requirements are met:
3        (1) the continuing education course provides services,
4    without compensation, that will improve the welfare of
5    Illinois residents as described in paragraph (1) of
6    subsection (a). The application to the Board must include
7    the following information for review and approval by the
8    Department:
9            (i) a plan of follow-up care and training models;
10            (ii) any and all documentation to be signed by the
11        patients, including, but not limited to, waivers,
12        consent forms, and releases;
13            (iii) information related to the facilities being
14        utilized, staffing plans, and emergency plans;
15            (iv) the process by which patients will be
16        contacted before, during, and after treatment;
17            (v) the intended population that will be receiving
18        treatment; and
19            (vi) proof of valid malpractice insurance for the
20        approved continuing education sponsor that extends
21        coverage to clinical staff, trainees, and out-of-state
22        permit holders that meet the requirements of
23        subsection (a);
24        (2) a valid written collaborative agreement must exist
25    between the temporary visiting dentist and the Illinois
26    licensed dentist co-treating patients under this Section.

 

 

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1    The collaborative agreement must include a description of
2    the care to be provided and procedures to be performed by
3    the temporary visiting dentist. There shall be no more
4    than 5 trainees per supervising dentist. A copy of this
5    agreement shall become part of the patient's dental record
6    and shall be made available upon request to the
7    Department; and
8        (3) payment of a fee established by rule.
9    A continuing education sponsor license issued under this
10Section shall be valid for a period of time as provided by
11rule.
12    The Department shall adopt rules to implement this
13subsection.
14    (b) (Blank).
15    (c) A temporary permit shall be valid for no longer than 5
16consecutive clinical days within 6 months from the date of
17issuance. The temporary permit may be issued once per year to a
18visiting dentist. Temporary permits under subsection (a) may
19be restored no more than one time within 5 years of the initial
20permits issuance. The Department may require an applicant to
21pay a fee for the issuance or restoration of a permit under
22this Section.
23    (d) (Blank).
24    (e) The temporary permit shall only permit the holder to
25practice dentistry within the scope of the dental studies and
26in conjunction with one of the following:

 

 

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1        (1) the charitable organization; or
2        (2) a continuing education program provided by a
3    continuing education sponsor approved by the Department
4    pursuant to this Section that the permit holder is
5    attending.
6    (f) The temporary visiting dentist may not administer
7moderate conscious sedation, deep sedation, or general
8anesthesia.
9    (g) A patient who seeks treatment from a temporary
10visiting dentist must sign a consent form acknowledging that
11the care the patient will receive will be provided by a dentist
12not licensed in the State of Illinois and that the Illinois
13licensed dentist who has the collaborative agreement with the
14temporary visiting dentist will be responsible for all the
15follow-up care associated with the treatment rendered to the
16patient.
17    (h) An application for the temporary permit shall be made
18to the Department in writing on forms prescribed by the
19Department and shall be accompanied by a nonrefundable fee
20established by rule.
21    (i) An applicant for a temporary permit may be requested
22to appear before the Board to respond to questions concerning
23the applicant's qualifications to receive the permit. An
24applicant's refusal to appear before the Board may be grounds
25for denial of the application by the Department.
26    (j) The Secretary may summarily cancel any permit or

 

 

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1license issued pursuant to this Section without a hearing if
2the Secretary finds that evidence in his or her possession
3indicates that a continuing education sponsor licensed under
4this Section or a temporary permit holder's continuation in
5practice would constitute an imminent danger to the public or
6violate any provision of this Act or its rules. If the
7Secretary summarily cancels a permit or license issued
8pursuant to this Section, the permit holder or licensee may
9petition the Department for a hearing in accordance with the
10provisions of subsection (b) of Section 26 of this Act to
11reinstate his or her permit or license.
12    (k) In addition to terminating any permit or license
13issued pursuant to this Section, the Department may impose a
14monetary penalty not to exceed $10,000 upon the temporary
15permit holder or licensee and may notify any state in which the
16temporary permit holder or licensee has been issued a license
17that his or her Illinois permit or license has been terminated
18and the reasons for the termination. The monetary penalty
19shall be paid within 60 days after the effective date of the
20order imposing the penalty. The order shall constitute a
21judgment and may be filed and execution had thereon in the same
22manner as any judgment from any court of record. It is the
23intent of the General Assembly that a permit or license issued
24pursuant to this Section shall be considered a privilege and
25not a property right.
26(Source: P.A. 102-582, eff. 1-1-22.)
 

 

 

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1    (225 ILCS 25/45)  (from Ch. 111, par. 2345)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 45. Advertising. The purpose of this Section is to
4authorize and regulate the advertisement by dentists of
5information which is intended to provide the public with a
6sufficient basis upon which to make an informed selection of
7dentists while protecting the public from false or misleading
8advertisements which would detract from the fair and rational
9selection process.
10    Any dentist may advertise the availability of dental
11services in the public media or on the premises where such
12dental services are rendered. Such advertising shall be
13limited to the following information:
14        (a) The dental services available;
15        (b) Publication of the dentist's name, title, office
16    hours, address and telephone;
17        (c) Information pertaining to his or her area of
18    specialization, including appropriate board certification
19    or limitation of professional practice;
20        (d) Information on usual and customary fees for
21    routine dental services offered, which information shall
22    include notification that fees may be adjusted due to
23    complications or unforeseen circumstances;
24        (e) Announcement of the opening of, change of, absence
25    from, or return to business;

 

 

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1        (f) Announcement of additions to or deletions from
2    professional dental staff;
3        (g) The issuance of business or appointment cards;
4        (h) Other information about the dentist, dentist's
5    practice or the types of dental services which the dentist
6    offers to perform which a reasonable person might regard
7    as relevant in determining whether to seek the dentist's
8    services. However, any advertisement which announces the
9    availability of endodontics, pediatric dentistry,
10    periodontics, prosthodontics, orthodontics and
11    dentofacial orthopedics, oral and maxillofacial surgery,
12    or oral and maxillofacial radiology by a general dentist
13    or by a licensed specialist who is not licensed in that
14    specialty shall include a disclaimer stating that the
15    dentist does not hold a license in that specialty.
16    Any dental practice with more than one location that
17enrolls its dentist as a participating provider in a managed
18care plan's network must verify electronically or in writing
19to the managed care plan whether the provider is accepting new
20patients at each of the specific locations listing the
21provider. The health plan shall remove the provider from the
22directory in accordance with standard practices within 10
23business days after being notified of the changes by the
24provider. Nothing in this paragraph shall void any contractual
25relationship between the provider and the plan.
26    It is unlawful for any dentist licensed under this Act to

 

 

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1do any of the following:
2        (1) Use claims of superior quality of care to entice
3    the public.
4        (2) Advertise in any way to practice dentistry without
5    causing pain.
6        (3) Pay a fee to any dental referral service or other
7    third party who advertises a dental referral service,
8    unless all advertising of the dental referral service
9    makes it clear that dentists are paying a fee for that
10    referral service.
11        (4) Advertise or offer gifts as an inducement to
12    secure dental patronage. Dentists may advertise or offer
13    free examinations or free dental services; it shall be
14    unlawful, however, for any dentist to charge a fee to any
15    new patient for any dental service provided at the time
16    that such free examination or free dental services are
17    provided.
18        (5) Use the term "sedation dentistry" or similar terms
19    in advertising unless the advertising dentist holds a
20    valid and current permit issued by the Department to
21    administer either general anesthesia, deep sedation, or
22    moderate conscious sedation as required under Section 8.1
23    of this Act.
24    This Act does not authorize the advertising of dental
25services when the offeror of such services is not a dentist.
26Nor shall the dentist use statements which contain false,

 

 

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1fraudulent, deceptive or misleading material or guarantees of
2success, statements which play upon the vanity or fears of the
3public, or statements which promote or produce unfair
4competition.
5    A dentist shall be required to keep a copy of all
6advertisements for a period of 3 years. All advertisements in
7the dentist's possession shall indicate the accurate date and
8place of publication.
9    The Department shall adopt rules to carry out the intent
10of this Section.
11(Source: P.A. 99-329, eff. 1-1-16.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".