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1 | AN ACT concerning regulation. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Regulatory Sunset Act is amended by | |||||||||||||||||||
5 | changing Section 4.36 and by adding Section 4.41 as follows: | |||||||||||||||||||
6 | (5 ILCS 80/4.36) | |||||||||||||||||||
7 | Sec. 4.36. Acts repealed on January 1, 2026. The following | |||||||||||||||||||
8 | Acts are repealed on January 1, 2026: | |||||||||||||||||||
9 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | |||||||||||||||||||
10 | Nail Technology Act of 1985. | |||||||||||||||||||
11 | The Collection Agency Act. | |||||||||||||||||||
12 | The Hearing Instrument Consumer Protection Act. | |||||||||||||||||||
13 | The Illinois Athletic Trainers Practice Act. | |||||||||||||||||||
14 | The Illinois Dental Practice Act. | |||||||||||||||||||
15 | The Illinois Roofing Industry Licensing Act. | |||||||||||||||||||
16 | The Illinois Physical Therapy Act. | |||||||||||||||||||
17 | The Professional Geologist Licensing Act. | |||||||||||||||||||
18 | The Respiratory Care Practice Act. | |||||||||||||||||||
19 | (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15; | |||||||||||||||||||
20 | 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15; | |||||||||||||||||||
21 | 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff. | |||||||||||||||||||
22 | 12-31-15; 99-642, eff. 7-28-16.) |
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1 | (5 ILCS 80/4.41 new) | ||||||
2 | Sec. 4.41. Act repealed on January 1, 2031. The following | ||||||
3 | Act is repealed on January 1, 2031: | ||||||
4 | The Illinois Dental Practice Act. | ||||||
5 | Section 10. The Illinois Dental Practice Act is amended by | ||||||
6 | changing Sections 2, 4, 6, 8.05, 11, 13, 14, 16, 17, 18, 18.1, | ||||||
7 | 19, 19.2, 20, 22, 23, 23a, 23b, 24, 25, 25.1, 26, 29, 30, 32, | ||||||
8 | 34, 38.2, 40, 45, 45.5, 48, 49, 54, 54.2, 54.3, and 55 and by | ||||||
9 | adding Section 4.5 as follows: | ||||||
10 | (225 ILCS 25/2) (from Ch. 111, par. 2302) | ||||||
11 | (Section scheduled to be repealed on January 1, 2026) | ||||||
12 | Sec. 2. Legislative declaration of public policy. The | ||||||
13 | practice of dentistry in the State of Illinois is hereby | ||||||
14 | declared to affect the public health, safety and welfare and | ||||||
15 | to be subject to regulation and control in the public | ||||||
16 | interest. It is further declared to be a matter of public | ||||||
17 | interest and concern that the dental profession merit and | ||||||
18 | receive the confidence of the public and that only qualified | ||||||
19 | persons be permitted to practice dentistry in the State of | ||||||
20 | Illinois. Despite the authority granted under this Act | ||||||
21 | allowing dentists to delegate the performance of certain | ||||||
22 | procedures to dental hygienists and dental assistants, nothing | ||||||
23 | contained in this Act shall be construed in any way to relieve | ||||||
24 | the supervising dentist from ultimate responsibility for the |
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1 | care of the his or her patient. This Act shall be liberally | ||||||
2 | construed to carry out these objects and purposes. | ||||||
3 | It is further declared to be the public policy of this | ||||||
4 | State, pursuant to subsections (h) and (i) of Section 6 of | ||||||
5 | Article VII of the Illinois Constitution of 1970, that any | ||||||
6 | power or function set forth in this Act to be exercised by the | ||||||
7 | State is an exclusive State power or function. Such power or | ||||||
8 | function shall not be exercised concurrently, either directly | ||||||
9 | or indirectly, by any unit of local government, including home | ||||||
10 | rule units, except as otherwise provided in this Act. | ||||||
11 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .) | ||||||
12 | (225 ILCS 25/4) | ||||||
13 | (Section scheduled to be repealed on January 1, 2026) | ||||||
14 | Sec. 4. Definitions. As used in this Act: | ||||||
15 | "Address of record" means the designated address recorded | ||||||
16 | by the Department in the applicant's or licensee's application | ||||||
17 | file or license file as maintained by the Department's | ||||||
18 | licensure maintenance unit. It is the duty of the applicant or | ||||||
19 | licensee to inform the Department of any change of address and | ||||||
20 | those changes must be made either through the Department's | ||||||
21 | website or by contacting the Department. | ||||||
22 | "Email address of record" means the designated email | ||||||
23 | address recorded by the Department in the applicant's | ||||||
24 | application file or the licensee's license file, as maintained | ||||||
25 | by the Department's licensure maintenance unit. |
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1 | "Department" means the Department of Financial and | ||||||
2 | Professional Regulation. | ||||||
3 | "Secretary" means the Secretary of Financial and | ||||||
4 | Professional Regulation. | ||||||
5 | "Board" means the Board of Dentistry. | ||||||
6 | "Dentist" means a person who has received a general | ||||||
7 | license pursuant to subsection paragraph (a) of Section 11 of | ||||||
8 | this Act and who may perform any intraoral and extraoral | ||||||
9 | procedure required in the practice of dentistry and to whom is | ||||||
10 | reserved the responsibilities specified in Section 17. | ||||||
11 | "Dental hygienist" means a person who holds a license | ||||||
12 | under this Act to perform dental services as authorized by | ||||||
13 | Section 18. | ||||||
14 | "Dental assistant" means an appropriately trained person | ||||||
15 | who, under the supervision of a dentist, provides dental | ||||||
16 | services as authorized by Section 17. | ||||||
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: | ||||||
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 | ||||||
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. | ||||||
12 | "General supervision" means supervision of a dental | ||||||
13 | hygienist requiring that the patient be a patient of record, | ||||||
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 | ||||||
19 | procedures are being performed. The issuance of a prescription | ||||||
20 | to a dental laboratory by a dentist does not constitute | ||||||
21 | general supervision. | ||||||
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. | ||||||
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. | ||||||
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, | ||||||
8 | periodontics, prosthodontics, oral and maxillofacial | ||||||
9 | radiology, and dental anesthesiology. | ||||||
10 | "Specialist" means a dentist who has received a specialty | ||||||
11 | license pursuant to subsection (b) of Section 11 11(b) . | ||||||
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. | ||||||
18 | "Informed consent" means legally valid consent that is | ||||||
19 | given by a patient or legal guardian, that is recorded in | ||||||
20 | writing or digitally, that authorizes intervention or | ||||||
21 | treatment services from the treating dentist, and that | ||||||
22 | documents agreement to participate in those services and | ||||||
23 | knowledge of the risks, benefits, and alternatives, including | ||||||
24 | the decision to withdraw from or decline treatment. | ||||||
25 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
26 | dentist or dental hygienist who is unable to practice with |
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1 | reasonable skill and safety because of a physical or mental | ||||||
2 | disability as evidenced by a written determination or written | ||||||
3 | consent based on clinical evidence, including deterioration | ||||||
4 | through the aging process, loss of motor skills, abuse of | ||||||
5 | drugs or alcohol, or a psychiatric disorder, of sufficient | ||||||
6 | degree to diminish the person's ability to deliver competent | ||||||
7 | patient care. | ||||||
8 | "Nurse" means a registered professional nurse, a certified | ||||||
9 | registered nurse anesthetist licensed as an advanced practice | ||||||
10 | registered nurse, or a licensed practical nurse licensed under | ||||||
11 | the Nurse Practice Act. | ||||||
12 | "Patient of record", except as provided in Section 17.2, | ||||||
13 | means a patient for whom the patient's most recent dentist has | ||||||
14 | obtained a relevant medical and dental history and on whom the | ||||||
15 | dentist has performed a physical examination within the last | ||||||
16 | year and evaluated the condition to be treated, including a | ||||||
17 | review of the patient's most recent x-rays. | ||||||
18 | "Dental responder" means a dentist or dental hygienist who | ||||||
19 | is appropriately certified in disaster preparedness, | ||||||
20 | immunizations, and dental humanitarian medical response | ||||||
21 | consistent with the Society of Disaster Medicine and Public | ||||||
22 | Health and training certified by the National Incident | ||||||
23 | Management System or the National Disaster Life Support | ||||||
24 | Foundation. | ||||||
25 | "Mobile dental van or portable dental unit" means any | ||||||
26 | self-contained or portable dental unit in which dentistry is |
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1 | practiced that can be moved, towed, or transported from one | ||||||
2 | location to another in order to establish a location where | ||||||
3 | dental services can be provided. | ||||||
4 | "Public health dental hygienist" means a hygienist who | ||||||
5 | holds a valid license to practice in the State, has 2 years of | ||||||
6 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
7 | of clinical experience, and has completed at least 42 clock | ||||||
8 | hours of additional structured courses in dental education in | ||||||
9 | advanced areas specific to public health dentistry. | ||||||
10 | "Public health setting" means a federally qualified health | ||||||
11 | center; a federal, State, or local public health facility; | ||||||
12 | Head Start; a special supplemental nutrition program for | ||||||
13 | Women, Infants, and Children (WIC) facility; a certified | ||||||
14 | school-based health center or school-based oral health | ||||||
15 | program; a prison; or a long-term care facility. | ||||||
16 | "Public health supervision" means the supervision of a | ||||||
17 | public health dental hygienist by a licensed dentist who has a | ||||||
18 | written public health supervision agreement with that public | ||||||
19 | health dental hygienist while working in an approved facility | ||||||
20 | or program that allows the public health dental hygienist to | ||||||
21 | treat patients, without a dentist first examining the patient | ||||||
22 | and being present in the facility during treatment, (1) who | ||||||
23 | are eligible for Medicaid or (2) who are uninsured or whose | ||||||
24 | household income is not greater than 300% of the federal | ||||||
25 | poverty level. | ||||||
26 | "Teledentistry" means the use of telehealth systems and |
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1 | methodologies in dentistry and includes patient diagnosis, | ||||||
2 | treatment planning, care, and education delivery for a patient | ||||||
3 | of record using synchronous and asynchronous communications | ||||||
4 | under an Illinois licensed dentist's authority as provided | ||||||
5 | under this Act. | ||||||
6 | "Moderate sedation" means a drug-induced depression of | ||||||
7 | consciousness during which: (1) patients respond purposefully | ||||||
8 | to verbal commands, either alone or accompanied by light | ||||||
9 | tactile stimulation; (2) no interventions are required to | ||||||
10 | maintain a patient's airway and spontaneous ventilation is | ||||||
11 | adequate; and (3) cardiovascular function is usually | ||||||
12 | maintained. | ||||||
13 | "Deep sedation" means a drug-induced depression of | ||||||
14 | consciousness during which: (1) patients cannot be easily | ||||||
15 | aroused, but respond purposefully following repeated or | ||||||
16 | painful stimulation; (2) the ability to independently maintain | ||||||
17 | ventilatory function may be impaired; (3) patients may require | ||||||
18 | assistance in maintaining airways and spontaneous ventilation | ||||||
19 | may be inadequate; and (4) cardiovascular function is usually | ||||||
20 | maintained. | ||||||
21 | "General anesthesia" means a drug-induced loss of | ||||||
22 | consciousness during which: (1) patients are not arousable, | ||||||
23 | even by painful stimulation; (2) the ability to independently | ||||||
24 | maintain ventilatory function is often impaired; (3) patients | ||||||
25 | often require assistance in maintaining airways and positive | ||||||
26 | pressure ventilation may be required because of depressed |
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1 | spontaneous ventilation or drug-induced depression of | ||||||
2 | neuromuscular function; and (4) cardiovascular function may be | ||||||
3 | impaired. | ||||||
4 | "Venipuncture" means the puncture of a vein as part of a | ||||||
5 | medical procedure, typically to withdraw a blood sample or for | ||||||
6 | an intravenous catheter for the administration of medication | ||||||
7 | or fluids. | ||||||
8 | "Enteral route of administration" means administration of | ||||||
9 | a drug that is absorbed through the gastrointestinal tract or | ||||||
10 | through oral, rectal, or sublingual mucosa. | ||||||
11 | "Parenteral route of administration" means administration | ||||||
12 | of a drug by which the drug bypasses the gastrointestinal | ||||||
13 | tract through intramuscular, intravenous, intranasal, | ||||||
14 | submucosal, subcutaneous, or intraosseous methods. | ||||||
15 | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | ||||||
16 | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | ||||||
17 | 1-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902, | ||||||
18 | eff. 8-9-24; revised 10-10-24.) | ||||||
19 | (225 ILCS 25/4.5 new) | ||||||
20 | Sec. 4.5. Address of record; email address of record. All | ||||||
21 | applicants and licensees shall: | ||||||
22 | (1) provide a valid address and email address to the | ||||||
23 | Department, which shall serve as the address of record and | ||||||
24 | email address of record, respectively, upon application for | ||||||
25 | licensure or renewal of a license; and |
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1 | (2) inform the Department of any change in the applicant | ||||||
2 | or licensee's address of record or email address of record | ||||||
3 | within 14 days after such change, either through the | ||||||
4 | Department's website or by contacting the Department's | ||||||
5 | licensure maintenance unit. | ||||||
6 | (225 ILCS 25/6) (from Ch. 111, par. 2306) | ||||||
7 | (Section scheduled to be repealed on January 1, 2026) | ||||||
8 | Sec. 6. Board of Dentistry; report Dentistry - report by | ||||||
9 | majority required. There is created a Board of Dentistry, to | ||||||
10 | be composed of persons designated from time to time by the | ||||||
11 | Secretary, as follows: | ||||||
12 | Eleven persons, 8 of whom have been dentists for a period | ||||||
13 | of 5 years or more; 2 of whom have been dental hygienists for a | ||||||
14 | period of 5 years or more, and one public member. None of the | ||||||
15 | members shall be an officer, dean, assistant dean, or | ||||||
16 | associate dean of a dental college or dental department of an | ||||||
17 | institute of learning, nor shall any member be the program | ||||||
18 | director of any dental hygiene program. A board member who | ||||||
19 | holds a faculty position in a dental school or dental hygiene | ||||||
20 | program shall not participate in the examination of applicants | ||||||
21 | for licenses from that school or program. The dental | ||||||
22 | hygienists shall not participate in the examination of | ||||||
23 | applicants for licenses to practice dentistry. The public | ||||||
24 | member shall not participate in the examination of applicants | ||||||
25 | for licenses to practice dentistry or dental hygiene. The |
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1 | board shall annually elect a chairman and vice-chairman who | ||||||
2 | shall be dentists. | ||||||
3 | Terms for all members shall be for 4 years. Partial terms | ||||||
4 | over 2 years in length shall be considered as full terms. A | ||||||
5 | member may be reappointed for a successive term, but no member | ||||||
6 | shall serve more than 2 full terms in the member's his or her | ||||||
7 | lifetime. | ||||||
8 | The membership of the Board shall include only residents | ||||||
9 | from various geographic areas of this State and shall include | ||||||
10 | at least some graduates from various institutions of dental | ||||||
11 | education in this State. | ||||||
12 | In making appointments to the Board the Secretary shall | ||||||
13 | give due consideration to recommendations by organizations of | ||||||
14 | the dental profession in Illinois, including the Illinois | ||||||
15 | State Dental Society and Illinois Dental Hygienists | ||||||
16 | Association, and shall promptly give due notice to such | ||||||
17 | organizations of any vacancy in the membership of the Board. | ||||||
18 | The Secretary may terminate the appointment of any member for | ||||||
19 | cause which in the opinion of the Secretary reasonably | ||||||
20 | justifies such termination. | ||||||
21 | A vacancy in the membership of the Board shall not impair | ||||||
22 | the right of a quorum to exercise all the rights and perform | ||||||
23 | all the duties of the Board. Any action to be taken by the | ||||||
24 | Board under this Act may be authorized by resolution at any | ||||||
25 | regular or special meeting, and each such resolution shall | ||||||
26 | take effect immediately. The Board shall meet at least |
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1 | quarterly. | ||||||
2 | The members of the Board shall each receive as | ||||||
3 | compensation a reasonable sum as determined by the Secretary | ||||||
4 | for each day actually engaged in the duties of the office, and | ||||||
5 | all legitimate and necessary expense incurred in attending the | ||||||
6 | meetings of the Board. | ||||||
7 | Members of the Board shall be immune from suit in any | ||||||
8 | action based upon any disciplinary proceedings or other | ||||||
9 | activities performed in good faith as members of the Board. | ||||||
10 | (Source: P.A. 99-492, eff. 12-31-15.) | ||||||
11 | (225 ILCS 25/8.05) | ||||||
12 | (Section scheduled to be repealed on January 1, 2026) | ||||||
13 | Sec. 8.05. Social Security Number or Individual Taxpayer | ||||||
14 | Identification Number on license application. In addition to | ||||||
15 | any other information required to be contained in the | ||||||
16 | application, every application for an original license under | ||||||
17 | this Act shall include the applicant's Social Security Number | ||||||
18 | or Individual Taxpayer Identification Number , which shall be | ||||||
19 | retained in the agency's records pertaining to the license. As | ||||||
20 | soon as practical, the Department shall assign a customer's | ||||||
21 | identification number to each applicant for a license. | ||||||
22 | Every application for a renewal or restored license shall | ||||||
23 | require the applicant's customer identification number. | ||||||
24 | (Source: P.A. 97-400, eff. 1-1-12 .) |
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1 | (225 ILCS 25/11) (from Ch. 111, par. 2311) | ||||||
2 | (Section scheduled to be repealed on January 1, 2026) | ||||||
3 | Sec. 11. Types of dental licenses. The Department shall | ||||||
4 | have the authority to issue the following types of licenses, | ||||||
5 | to excuse the payment of fees for inactive status, to deliver | ||||||
6 | certificates of identification, and to extend pre-license | ||||||
7 | practice allowances as follows: | ||||||
8 | (a) General licenses. The Department shall issue a license | ||||||
9 | authorizing practice as a dentist to any person who qualifies | ||||||
10 | for a license under this Act. | ||||||
11 | (b) Specialty licenses. The Department shall issue a | ||||||
12 | license authorizing practice as a specialist in any particular | ||||||
13 | branch of dentistry to any dentist who has complied with the | ||||||
14 | requirements established for that particular branch of | ||||||
15 | dentistry at the time of making application. The Department | ||||||
16 | shall establish additional requirements of any dentist who | ||||||
17 | announces or holds himself or herself out to the public as a | ||||||
18 | specialist or as being specially qualified in any particular | ||||||
19 | branch of dentistry. | ||||||
20 | No dentist shall announce or hold himself or herself out | ||||||
21 | to the public as a specialist or as being specially qualified | ||||||
22 | in any particular branch of dentistry unless the dentist he or | ||||||
23 | she is licensed to practice in that specialty of dentistry. | ||||||
24 | The fact that any dentist shall announce by card, | ||||||
25 | letterhead, or any other form of communication using terms as | ||||||
26 | "Specialist", "Practice Limited To", or "Limited to Specialty |
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1 | of" with the name of the branch of dentistry practiced as a | ||||||
2 | specialty, or shall use equivalent words or phrases to | ||||||
3 | announce the same, shall be prima facie evidence that the | ||||||
4 | dentist is holding himself or herself out to the public as a | ||||||
5 | specialist. | ||||||
6 | (c) Temporary training licenses. Persons who wish to | ||||||
7 | pursue specialty or other advanced clinical educational | ||||||
8 | programs in an approved dental school or a hospital situated | ||||||
9 | in this State, or persons who wish to pursue programs of | ||||||
10 | specialty training in dental public health in public agencies | ||||||
11 | in this State, may receive without examination, in the | ||||||
12 | discretion of the Department, a temporary training license. In | ||||||
13 | order to receive a temporary training license under this | ||||||
14 | subsection, an applicant shall furnish satisfactory proof to | ||||||
15 | the Department that: | ||||||
16 | (1) The applicant is at least 21 years of age and is of | ||||||
17 | good moral character. In determining moral character under | ||||||
18 | this Section, the Department may take into consideration | ||||||
19 | any felony conviction of the applicant, but such a | ||||||
20 | conviction shall not operate as bar to licensure; | ||||||
21 | (2) The applicant has been accepted or appointed for | ||||||
22 | specialty or residency training by an approved hospital | ||||||
23 | situated in this State, by an approved dental school | ||||||
24 | situated in this State, or by a public health agency in | ||||||
25 | this State the training programs of which are recognized | ||||||
26 | and approved by the Department. The applicant shall |
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1 | indicate the beginning and ending dates of the period for | ||||||
2 | which the applicant he or she has been accepted or | ||||||
3 | appointed; | ||||||
4 | (3) The applicant is a graduate of a dental school or | ||||||
5 | college approved and in good standing in the judgment of | ||||||
6 | the Department. The Department may consider diplomas or | ||||||
7 | certifications of education, or both, accompanied by | ||||||
8 | transcripts of course work and credits awarded to | ||||||
9 | determine if an applicant has graduated from a dental | ||||||
10 | school or college approved and in good standing. The | ||||||
11 | Department may also consider diplomas or certifications of | ||||||
12 | education, or both, accompanied by transcripts of course | ||||||
13 | work and credits awarded in determining whether a dental | ||||||
14 | school or college is approved and in good standing. | ||||||
15 | Temporary training licenses issued under this Section | ||||||
16 | shall be valid only for the duration of the period of residency | ||||||
17 | or specialty training and may be extended or renewed as | ||||||
18 | prescribed by rule. The holder of a valid temporary training | ||||||
19 | license shall be entitled thereby to perform acts as may be | ||||||
20 | prescribed by and incidental to the holder's his or her | ||||||
21 | program of residency or specialty training; but the holder he | ||||||
22 | or she shall not be entitled to engage in the practice of | ||||||
23 | dentistry in this State. | ||||||
24 | A temporary training license may be revoked by the | ||||||
25 | Department upon proof that the holder has engaged in the | ||||||
26 | practice of dentistry in this State outside of the holder's |
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1 | his or her program of residency or specialty training, or if | ||||||
2 | the holder shall fail to supply the Department, within 10 days | ||||||
3 | of its request, with information as to the holder's his or her | ||||||
4 | current status and activities in the holder's his or her | ||||||
5 | specialty training program. | ||||||
6 | (d) Faculty limited licenses. Persons who have received | ||||||
7 | full-time appointments to teach dentistry at an approved | ||||||
8 | dental school or hospital situated in this State may receive | ||||||
9 | without examination, in the discretion of the Department, a | ||||||
10 | faculty limited license. In order to receive a faculty limited | ||||||
11 | license an applicant shall furnish satisfactory proof to the | ||||||
12 | Department that: | ||||||
13 | (1) The applicant is at least 21 years of age, is of | ||||||
14 | good moral character, and is licensed to practice | ||||||
15 | dentistry in another state or country; and | ||||||
16 | (2) The applicant has a full-time appointment to teach | ||||||
17 | dentistry at an approved dental school or hospital | ||||||
18 | situated in this State. | ||||||
19 | Faculty limited licenses issued under this Section shall | ||||||
20 | be valid for a period of 3 years and may be extended or | ||||||
21 | renewed. The holder of a valid faculty limited license may | ||||||
22 | perform acts as may be required by the holder's his or her | ||||||
23 | teaching of dentistry. The holder of a faculty limited license | ||||||
24 | may practice general dentistry or in the holder's his or her | ||||||
25 | area of specialty, but only in a clinic or office affiliated | ||||||
26 | with the dental school. The holder of a faculty limited |
| |||||||
| |||||||
1 | license may advertise a specialty degree as part of the | ||||||
2 | licensee's ability to practice in a faculty practice. Any | ||||||
3 | faculty limited license issued to a faculty member under this | ||||||
4 | Section shall terminate immediately and automatically, without | ||||||
5 | any further action by the Department, if the holder ceases to | ||||||
6 | be a faculty member at an approved dental school or hospital in | ||||||
7 | this State. | ||||||
8 | The Department may revoke a faculty limited license for a | ||||||
9 | violation of this Act or its rules, or if the holder fails to | ||||||
10 | supply the Department, within 10 days of its request, with | ||||||
11 | information as to the holder's his or her current status and | ||||||
12 | activities in the holder's his or her teaching program. | ||||||
13 | (e) Inactive status. Any person who holds one of the | ||||||
14 | licenses under subsection (a) or (b) of Section 11 or under | ||||||
15 | Section 12 of this Act may elect, upon payment of the required | ||||||
16 | fee, to place the his or her license on an inactive status and | ||||||
17 | shall, subject to the rules of the Department, be excused from | ||||||
18 | the payment of renewal fees until the holder he or she notifies | ||||||
19 | the Department in writing of the holder's his or her desire to | ||||||
20 | resume active status. | ||||||
21 | Any licensee requesting restoration from inactive status | ||||||
22 | shall be required to pay the current renewal fee , and , upon | ||||||
23 | payment , the Department shall be required to restore the his | ||||||
24 | or her license, as provided in Section 16 of this Act. | ||||||
25 | Any licensee whose license is in an inactive status shall | ||||||
26 | not practice in the State of Illinois. |
| |||||||
| |||||||
1 | (f) Certificates of Identification. In addition to the | ||||||
2 | licenses authorized by this Section, the Department shall | ||||||
3 | deliver to each dentist a certificate of identification in a | ||||||
4 | form specified by the Department. | ||||||
5 | (g) Pre-license practice allowance. An applicant for a | ||||||
6 | general dental license or a temporary training license has a | ||||||
7 | pre-license practice allowance to practice dentistry in a | ||||||
8 | Commission on Dental Accreditation accredited specialty or | ||||||
9 | residency training program for a period of 3 months from the | ||||||
10 | starting date of the program. Upon a request from the | ||||||
11 | applicant, the Department may extend, in writing, the | ||||||
12 | pre-license practice allowance for the specialty or residency | ||||||
13 | training program. An applicant practicing dentistry under this | ||||||
14 | subsection may only perform acts as are prescribed by and | ||||||
15 | incidental to the applicant's program of residency or | ||||||
16 | specialty training. An applicant practicing dentistry under | ||||||
17 | this subsection must supply the specialty or residency | ||||||
18 | training program a copy of the applicant's general license | ||||||
19 | application or temporary training license application along | ||||||
20 | with proof of certified mail of sending that application to | ||||||
21 | the Department. | ||||||
22 | The applicant's authority to practice under this | ||||||
23 | subsection shall terminate immediately upon: (1) the decision | ||||||
24 | of the Department that the applicant failed the examination | ||||||
25 | for dental licensure; (2) denial of licensure by the | ||||||
26 | Department; or (3) withdrawal of the license application. |
| |||||||
| |||||||
1 | (Source: P.A. 103-425, eff. 1-1-24; 103-687, eff. 7-19-24.) | ||||||
2 | (225 ILCS 25/13) (from Ch. 111, par. 2313) | ||||||
3 | (Section scheduled to be repealed on January 1, 2026) | ||||||
4 | Sec. 13. Qualifications of applicants for dental | ||||||
5 | hygienists. Every person who desires to obtain a license as a | ||||||
6 | dental hygienist shall apply to the Department in writing, | ||||||
7 | upon forms prepared and furnished by the Department. Each | ||||||
8 | application shall contain proof of the particular | ||||||
9 | qualifications required of the applicant, shall be verified by | ||||||
10 | the applicant, under oath, and shall be accompanied by the | ||||||
11 | required examination fee. | ||||||
12 | The Department shall require that every applicant for a | ||||||
13 | license as a dental hygienist shall: | ||||||
14 | (1) (Blank). | ||||||
15 | (2) Be a graduate of high school or its equivalent. | ||||||
16 | (3) Present satisfactory evidence of having | ||||||
17 | successfully completed 2 academic years of credit at a | ||||||
18 | dental hygiene program accredited by the Commission on | ||||||
19 | Dental Accreditation of the American Dental Association. | ||||||
20 | (4) Submit evidence that the applicant he or she holds | ||||||
21 | a currently valid certification to perform cardiopulmonary | ||||||
22 | resuscitation. The Department shall adopt rules | ||||||
23 | establishing criteria for certification in cardiopulmonary | ||||||
24 | resuscitation. The rules of the Department shall provide | ||||||
25 | for variances only in instances where the applicant is a |
| |||||||
| |||||||
1 | person with a physical disability and therefore unable to | ||||||
2 | secure such certification. | ||||||
3 | (5) (Blank). | ||||||
4 | (6) Present satisfactory evidence that the applicant | ||||||
5 | has passed the National Board Dental Hygiene Examination | ||||||
6 | administered by the Joint Commission on National Dental | ||||||
7 | Examinations and has successfully completed an examination | ||||||
8 | conducted by one of the following regional testing | ||||||
9 | services: the Central Regional Dental Testing Service, | ||||||
10 | Inc. (CRDTS), the Southern Regional Testing Agency, Inc. | ||||||
11 | (SRTA), the Western Regional Examining Board (WREB), or | ||||||
12 | the North East Regional Board (NERB). For the purposes of | ||||||
13 | this Section, successful completion shall mean that the | ||||||
14 | applicant has achieved a minimum passing score as | ||||||
15 | determined by the applicable regional testing service. The | ||||||
16 | Secretary may suspend a regional testing service under | ||||||
17 | this item (6) if, after proper notice and hearing, it is | ||||||
18 | established that (i) the integrity of the examination has | ||||||
19 | been breached so as to make future test results unreliable | ||||||
20 | or (ii) the examination is fundamentally deficient in | ||||||
21 | testing clinical competency. | ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15 .) | ||||||
23 | (225 ILCS 25/14) (from Ch. 111, par. 2314) | ||||||
24 | (Section scheduled to be repealed on January 1, 2026) | ||||||
25 | Sec. 14. Examination for licensure as dental hygienists. |
| |||||||
| |||||||
1 | The Department shall conduct or authorize examinations of | ||||||
2 | applicants for licensure as dental hygienists at such times | ||||||
3 | and places as it may determine. | ||||||
4 | The examination of applicants for licensure as dental | ||||||
5 | hygienists may include both practical demonstrations and | ||||||
6 | written and oral tests and shall encompass the subjects | ||||||
7 | usually taught in programs of dental hygiene, approved by the | ||||||
8 | Department. | ||||||
9 | If an applicant fails to pass an examination for licensure | ||||||
10 | under this Act within 3 years after filing an his or her | ||||||
11 | application, the application shall be denied. The applicant, | ||||||
12 | however, may thereafter make a new application for examination | ||||||
13 | accompanied by the required fee and provide evidence of | ||||||
14 | meeting the requirements in effect at the time of the new | ||||||
15 | application. | ||||||
16 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .) | ||||||
17 | (225 ILCS 25/16) (from Ch. 111, par. 2316) | ||||||
18 | (Section scheduled to be repealed on January 1, 2026) | ||||||
19 | Sec. 16. Expiration, renewal and restoration of licenses. | ||||||
20 | The expiration date and renewal date for each license issued | ||||||
21 | under this Act shall be set by rule. The renewal period for | ||||||
22 | each license issued under this Act shall be 3 years. A dentist | ||||||
23 | or dental hygienist may renew a license during the month | ||||||
24 | preceding its expiration date by paying the required fee. All | ||||||
25 | initial licenses issued during an open renewal period shall |
| |||||||
| |||||||
1 | have the next expiration date. A dentist or dental hygienist | ||||||
2 | shall provide proof of current Basic Life Support (BLS) | ||||||
3 | certification intended for health care providers at the time | ||||||
4 | of renewal as provided by rule. Basic Life Support | ||||||
5 | certification training taken as a requirement of this Section | ||||||
6 | shall be counted for no more than 4 hours during each licensure | ||||||
7 | period towards the continuing education hours under Section | ||||||
8 | 16.1 of this Act. The Department shall provide by rule for | ||||||
9 | exemptions from this requirement for a dentist or dental | ||||||
10 | hygienist with a physical disability that would preclude the | ||||||
11 | dentist or dental hygienist him or her from performing BLS. | ||||||
12 | Any dentist or dental hygienist whose license has expired | ||||||
13 | or whose license is on inactive status may have his license | ||||||
14 | restored at any time within 5 years after the expiration | ||||||
15 | thereof, upon payment of the required fee and a showing of | ||||||
16 | proof of compliance with current continuing education | ||||||
17 | requirements, as provided by rule. | ||||||
18 | Any person whose license has been expired for more than 5 | ||||||
19 | years or who has had his license on inactive status for more | ||||||
20 | than 5 years may have his license restored by making | ||||||
21 | application to the Department and filing proof acceptable to | ||||||
22 | the Department of taking continuing education and of his | ||||||
23 | fitness to have the license restored, including sworn evidence | ||||||
24 | certifying to active practice in another jurisdiction, and by | ||||||
25 | paying the required restoration fee. A person practicing on an | ||||||
26 | expired license is deemed to be practicing without a license. |
| |||||||
| |||||||
1 | However, a holder of a license may renew the license within 90 | ||||||
2 | days after its expiration by complying with the requirements | ||||||
3 | for renewal and payment of an additional fee. A license | ||||||
4 | renewal within 90 days after expiration shall be effective | ||||||
5 | retroactively to the expiration date. | ||||||
6 | If a person whose license has expired or who has had his | ||||||
7 | license on inactive status for more than 5 years has not | ||||||
8 | maintained an active practice satisfactory to the department, | ||||||
9 | the Department shall determine, by an evaluation process | ||||||
10 | established by rule, the person's his or her fitness to resume | ||||||
11 | active status and may require the person to complete a period | ||||||
12 | of evaluated clinical experience and may require successful | ||||||
13 | completion of a practical examination. | ||||||
14 | However, any person whose license expired while the person | ||||||
15 | he or she was (i) on active duty with the Armed Forces of the | ||||||
16 | United States or called into service or training by the State | ||||||
17 | militia or (ii) in training or education under the supervision | ||||||
18 | of the United States preliminary to induction into the | ||||||
19 | military service, may have the person's his or her license | ||||||
20 | renewed, reinstated, or restored without paying any lapsed | ||||||
21 | renewal or restoration fee, if within 2 years after | ||||||
22 | termination of such service, training, or education other than | ||||||
23 | by dishonorable discharge, the person he or she furnishes the | ||||||
24 | Department with satisfactory proof that the person he or she | ||||||
25 | has been so engaged and that the person's his or her service, | ||||||
26 | training, or education has been so terminated. |
| |||||||
| |||||||
1 | (Source: P.A. 103-687, eff. 7-19-24.) | ||||||
2 | (225 ILCS 25/17) | ||||||
3 | (Section scheduled to be repealed on January 1, 2026) | ||||||
4 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
5 | person practices dentistry, within the meaning of this Act: | ||||||
6 | (1) Who represents himself or herself as being able to | ||||||
7 | diagnose or diagnoses, treats, prescribes, or operates for | ||||||
8 | any disease, pain, deformity, deficiency, injury, or | ||||||
9 | physical condition of the human tooth, teeth, alveolar | ||||||
10 | process, gums, or jaw; or | ||||||
11 | (2) Who is a manager, proprietor, operator, or | ||||||
12 | conductor of a business where dental operations are | ||||||
13 | performed; or | ||||||
14 | (3) Who performs dental operations of any kind; or | ||||||
15 | (4) Who uses an X-Ray machine or X-Ray films for | ||||||
16 | dental diagnostic purposes; or | ||||||
17 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
18 | or attempts to correct malpositions of the human teeth or | ||||||
19 | jaws; or | ||||||
20 | (6) Who offers or undertakes, by any means or method, | ||||||
21 | to diagnose, treat, or remove stains, calculus, and | ||||||
22 | bonding materials from human teeth or jaws; or | ||||||
23 | (7) Who uses or administers local or general | ||||||
24 | anesthetics in the treatment of dental or oral diseases or | ||||||
25 | in any preparation incident to a dental operation of any |
| |||||||
| |||||||
1 | kind or character; or | ||||||
2 | (8) Who takes material or digital scans for final | ||||||
3 | impressions of the human tooth, teeth, or jaws or performs | ||||||
4 | any phase of any operation incident to the replacement of | ||||||
5 | a part of a tooth, a tooth, teeth, or associated tissues by | ||||||
6 | means of a filling, a crown, a bridge, a denture, or other | ||||||
7 | appliance; or | ||||||
8 | (9) Who offers to furnish, supply, construct, | ||||||
9 | reproduce, or repair, or who furnishes, supplies, | ||||||
10 | constructs, reproduces, or repairs, prosthetic dentures, | ||||||
11 | bridges, or other substitutes for natural teeth to the | ||||||
12 | user or prospective user thereof; or | ||||||
13 | (10) Who instructs students on clinical matters or | ||||||
14 | performs any clinical operation included in the curricula | ||||||
15 | of recognized dental schools and colleges; or | ||||||
16 | (11) Who takes material or digital scans for final | ||||||
17 | impressions of human teeth or places the person's his or | ||||||
18 | her hands in the mouth of any person for the purpose of | ||||||
19 | applying teeth whitening materials, or who takes | ||||||
20 | impressions of human teeth or places the person's his or | ||||||
21 | her hands in the mouth of any person for the purpose of | ||||||
22 | assisting in the application of teeth whitening materials. | ||||||
23 | A person does not practice dentistry when the person he or | ||||||
24 | she discloses to the consumer that the person he or she is | ||||||
25 | not licensed as a dentist under this Act and (i) discusses | ||||||
26 | the use of teeth whitening materials with a consumer |
| |||||||
| |||||||
1 | purchasing these materials; (ii) provides instruction on | ||||||
2 | the use of teeth whitening materials with a consumer | ||||||
3 | purchasing these materials; or (iii) provides appropriate | ||||||
4 | equipment on-site to the consumer for the consumer to | ||||||
5 | self-apply teeth whitening materials. | ||||||
6 | The fact that any person engages in or performs, or offers | ||||||
7 | to engage in or perform, any of the practices, acts, or | ||||||
8 | operations set forth in this Section, shall be prima facie | ||||||
9 | evidence that such person is engaged in the practice of | ||||||
10 | dentistry. | ||||||
11 | The following practices, acts, and operations, however, | ||||||
12 | are exempt from the operation of this Act: | ||||||
13 | (a) The rendering of dental relief in emergency cases | ||||||
14 | in the practice of the person's his or her profession by a | ||||||
15 | physician or surgeon, licensed as such under the laws of | ||||||
16 | this State, unless the person he or she undertakes to | ||||||
17 | reproduce or reproduces lost parts of the human teeth in | ||||||
18 | the mouth or to restore or replace lost or missing teeth in | ||||||
19 | the mouth; or | ||||||
20 | (b) The practice of dentistry in the discharge of | ||||||
21 | their official duties by dentists in any branch of the | ||||||
22 | Armed Services of the United States, the United States | ||||||
23 | Public Health Service, or the United States Veterans | ||||||
24 | Administration; or | ||||||
25 | (c) The practice of dentistry by students in their | ||||||
26 | course of study in dental schools or colleges approved by |
| |||||||
| |||||||
1 | the Department, when acting under the direction and | ||||||
2 | supervision of dentists acting as instructors; or | ||||||
3 | (d) The practice of dentistry by clinical instructors | ||||||
4 | in the course of their teaching duties in dental schools | ||||||
5 | or colleges approved by the Department: | ||||||
6 | (i) when acting under the direction and | ||||||
7 | supervision of dentists, provided that such clinical | ||||||
8 | instructors have instructed continuously in this State | ||||||
9 | since January 1, 1986; or | ||||||
10 | (ii) when holding the rank of full professor at | ||||||
11 | such approved dental school or college and possessing | ||||||
12 | a current valid license or authorization to practice | ||||||
13 | dentistry in another country; or | ||||||
14 | (e) The practice of dentistry by licensed dentists of | ||||||
15 | other states or countries at meetings of the Illinois | ||||||
16 | State Dental Society or component parts thereof, alumni | ||||||
17 | meetings of dental colleges, or any other like dental | ||||||
18 | organizations, while appearing as clinicians; or | ||||||
19 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
20 | of dental or oral tissues by dental hygienists or dental | ||||||
21 | assistants; or | ||||||
22 | (g) The performance of any dental service by a dental | ||||||
23 | assistant, if such service is performed under the | ||||||
24 | supervision and full responsibility of a dentist. In | ||||||
25 | addition, after being authorized by a dentist, a dental | ||||||
26 | assistant may, for the purpose of eliminating pain or |
| |||||||
| |||||||
1 | discomfort, remove loose, broken, or irritating | ||||||
2 | orthodontic appliances on a patient of record. | ||||||
3 | For purposes of this paragraph (g), "dental service" | ||||||
4 | is defined to mean any intraoral procedure or act which | ||||||
5 | shall be prescribed by rule or regulation of the | ||||||
6 | Department. "Dental service", however, shall not include: | ||||||
7 | (1) Any and all diagnosis of or prescription for | ||||||
8 | treatment of disease, pain, deformity, deficiency, | ||||||
9 | injury, or physical condition of the human teeth or | ||||||
10 | jaws, or adjacent structures. | ||||||
11 | (2) Removal of, restoration of, or addition to the | ||||||
12 | hard or soft tissues of the oral cavity, except for the | ||||||
13 | placing, carving, and finishing of amalgam | ||||||
14 | restorations and placing, packing, and finishing | ||||||
15 | composite restorations by dental assistants who have | ||||||
16 | had additional formal education and certification. | ||||||
17 | A dental assistant may place, carve, and finish | ||||||
18 | amalgam restorations, place, pack, and finish | ||||||
19 | composite restorations, and place interim restorations | ||||||
20 | if the dental assistant he or she (A) has successfully | ||||||
21 | completed a structured training program as described | ||||||
22 | in item (2) of subsection (g) provided by an | ||||||
23 | educational institution accredited by the Commission | ||||||
24 | on Dental Accreditation, such as a dental school or | ||||||
25 | dental hygiene or dental assistant program, or (B) has | ||||||
26 | at least 4,000 hours of direct clinical patient care |
| |||||||
| |||||||
1 | experience and has successfully completed a structured | ||||||
2 | training program as described in item (2) of | ||||||
3 | subsection (g) provided by a statewide dental | ||||||
4 | association, approved by the Department to provide | ||||||
5 | continuing education, that has developed and conducted | ||||||
6 | training programs for expanded functions for dental | ||||||
7 | assistants or hygienists. The training program must: | ||||||
8 | (i) include a minimum of 16 hours of didactic study and | ||||||
9 | 14 hours of clinical manikin instruction; all training | ||||||
10 | programs shall include areas of study in nomenclature, | ||||||
11 | caries classifications, oral anatomy, periodontium, | ||||||
12 | basic occlusion, instrumentations, pulp protection | ||||||
13 | liners and bases, dental materials, matrix and wedge | ||||||
14 | techniques, amalgam placement and carving, rubber dam | ||||||
15 | clamp placement, and rubber dam placement and removal; | ||||||
16 | (ii) include an outcome assessment examination that | ||||||
17 | demonstrates competency; (iii) require the supervising | ||||||
18 | dentist to observe and approve the completion of 8 | ||||||
19 | amalgam or composite restorations; and (iv) issue a | ||||||
20 | certificate of completion of the training program, | ||||||
21 | which must be kept on file at the dental office and be | ||||||
22 | made available to the Department upon request. A | ||||||
23 | dental assistant must have successfully completed an | ||||||
24 | approved coronal polishing and dental sealant course | ||||||
25 | prior to taking the amalgam and composite restoration | ||||||
26 | course. |
| |||||||
| |||||||
1 | A dentist utilizing dental assistants shall not | ||||||
2 | supervise more than 4 dental assistants at any one | ||||||
3 | time for placing, carving, and finishing of amalgam | ||||||
4 | restorations or for placing, packing, and finishing | ||||||
5 | composite restorations. | ||||||
6 | (3) Any and all correction of malformation of | ||||||
7 | teeth or of the jaws. | ||||||
8 | (4) Administration of anesthetics, except for | ||||||
9 | monitoring of nitrous oxide, moderate sedation, deep | ||||||
10 | sedation, and general anesthetic as provided in | ||||||
11 | Section 8.1 of this Act, that may be performed only | ||||||
12 | after successful completion of a training program | ||||||
13 | approved by the Department. A dentist utilizing dental | ||||||
14 | assistants shall not supervise more than 4 dental | ||||||
15 | assistants at any one time for the monitoring of | ||||||
16 | nitrous oxide. | ||||||
17 | (5) Removal of calculus from human teeth. | ||||||
18 | (6) Taking of material or digital scans for final | ||||||
19 | impressions for the fabrication of prosthetic | ||||||
20 | appliances, crowns, bridges, inlays, onlays, or other | ||||||
21 | restorative or replacement dentistry. | ||||||
22 | (7) The operative procedure of dental hygiene | ||||||
23 | consisting of oral prophylactic procedures, except for | ||||||
24 | coronal polishing and pit and fissure sealants, which | ||||||
25 | may be performed by a dental assistant who has | ||||||
26 | successfully completed a training program approved by |
| |||||||
| |||||||
1 | the Department. Dental assistants may perform coronal | ||||||
2 | polishing under the following circumstances: (i) the | ||||||
3 | coronal polishing shall be limited to polishing the | ||||||
4 | clinical crown of the tooth and existing restorations, | ||||||
5 | supragingivally; (ii) the dental assistant performing | ||||||
6 | the coronal polishing shall be limited to the use of | ||||||
7 | rotary instruments using a rubber cup or brush | ||||||
8 | polishing method (air polishing is not permitted); and | ||||||
9 | (iii) the supervising dentist shall not supervise more | ||||||
10 | than 4 dental assistants at any one time for the task | ||||||
11 | of coronal polishing or pit and fissure sealants. | ||||||
12 | In addition to coronal polishing and pit and | ||||||
13 | fissure sealants as described in this item (7), a | ||||||
14 | dental assistant who has at least 2,000 hours of | ||||||
15 | direct clinical patient care experience and who has | ||||||
16 | successfully completed a structured training program | ||||||
17 | provided by (1) an educational institution including, | ||||||
18 | but not limited to, a dental school or dental hygiene | ||||||
19 | or dental assistant program, (2) a continuing | ||||||
20 | education provider approved by the Department, or (3) | ||||||
21 | a statewide dental or dental hygienist association | ||||||
22 | that has developed and conducted a training program | ||||||
23 | for expanded functions for dental assistants or | ||||||
24 | hygienists may perform: (A) coronal scaling above the | ||||||
25 | gum line, supragingivally, on the clinical crown of | ||||||
26 | the tooth only on patients 17 years of age or younger |
| |||||||
| |||||||
1 | who have an absence of periodontal disease and who are | ||||||
2 | not medically compromised or individuals with special | ||||||
3 | needs and (B) intracoronal temporization of a tooth. | ||||||
4 | The training program must: (I) include a minimum of 32 | ||||||
5 | hours of instruction in both didactic and clinical | ||||||
6 | manikin or human subject instruction; all training | ||||||
7 | programs shall include areas of study in dental | ||||||
8 | anatomy, public health dentistry, medical history, | ||||||
9 | dental emergencies, and managing the pediatric | ||||||
10 | patient; (II) include an outcome assessment | ||||||
11 | examination that demonstrates competency; (III) | ||||||
12 | require the supervising dentist to observe and approve | ||||||
13 | the completion of 6 full mouth supragingival scaling | ||||||
14 | procedures unless the training was received as part of | ||||||
15 | a Commission on Dental Accreditation approved dental | ||||||
16 | assistant program; and (IV) issue a certificate of | ||||||
17 | completion of the training program, which must be kept | ||||||
18 | on file at the dental office and be made available to | ||||||
19 | the Department upon request. A dental assistant must | ||||||
20 | have successfully completed an approved coronal | ||||||
21 | polishing course prior to taking the coronal scaling | ||||||
22 | course. A dental assistant performing these functions | ||||||
23 | shall be limited to the use of hand instruments only. | ||||||
24 | In addition, coronal scaling as described in this | ||||||
25 | paragraph shall only be utilized on patients who are | ||||||
26 | eligible for Medicaid, who are uninsured, or whose |
| |||||||
| |||||||
1 | household income is not greater than 300% of the | ||||||
2 | federal poverty level. A dentist may not supervise | ||||||
3 | more than 2 dental assistants at any one time for the | ||||||
4 | task of coronal scaling. This paragraph is inoperative | ||||||
5 | on and after January 1, 2026. | ||||||
6 | The limitations on the number of dental assistants a | ||||||
7 | dentist may supervise contained in items (2), (4), and (7) | ||||||
8 | of this paragraph (g) mean a limit of 4 total dental | ||||||
9 | assistants or dental hygienists doing expanded functions | ||||||
10 | covered by these Sections being supervised by one dentist; | ||||||
11 | or | ||||||
12 | (h) The practice of dentistry by an individual who: | ||||||
13 | (i) has applied in writing to the Department, in | ||||||
14 | form and substance satisfactory to the Department, for | ||||||
15 | a general dental license and has complied with all | ||||||
16 | provisions of Section 9 of this Act, except for the | ||||||
17 | passage of the examination specified in subsection (e) | ||||||
18 | of Section 9 of this Act; or | ||||||
19 | (ii) has applied in writing to the Department, in | ||||||
20 | form and substance satisfactory to the Department, for | ||||||
21 | a temporary dental license and has complied with all | ||||||
22 | provisions of subsection (c) of Section 11 of this | ||||||
23 | Act; and | ||||||
24 | (iii) has been accepted or appointed for specialty | ||||||
25 | or residency training by a hospital situated in this | ||||||
26 | State; or |
| |||||||
| |||||||
1 | (iv) has been accepted or appointed for specialty | ||||||
2 | training in an approved dental program situated in | ||||||
3 | this State; or | ||||||
4 | (v) has been accepted or appointed for specialty | ||||||
5 | training in a dental public health agency situated in | ||||||
6 | this State. | ||||||
7 | The applicant shall be permitted to practice dentistry | ||||||
8 | for a period of 3 months from the starting date of the | ||||||
9 | program, unless authorized in writing by the Department to | ||||||
10 | continue such practice for a period specified in writing | ||||||
11 | by the Department. | ||||||
12 | The applicant shall only be entitled to perform such | ||||||
13 | acts as may be prescribed by and incidental to the | ||||||
14 | applicant's his or her program of residency or specialty | ||||||
15 | training and shall not otherwise engage in the practice of | ||||||
16 | dentistry in this State. | ||||||
17 | The authority to practice shall terminate immediately | ||||||
18 | upon: | ||||||
19 | (1) the decision of the Department that the | ||||||
20 | applicant has failed the examination; or | ||||||
21 | (2) denial of licensure by the Department; or | ||||||
22 | (3) withdrawal of the application. | ||||||
23 | (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; | ||||||
24 | 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-605, eff. | ||||||
25 | 7-1-24; 103-628, eff. 7-1-24.) |
| |||||||
| |||||||
1 | (225 ILCS 25/18) (from Ch. 111, par. 2318) | ||||||
2 | (Section scheduled to be repealed on January 1, 2026) | ||||||
3 | Sec. 18. Acts constituting the practice of dental hygiene; | ||||||
4 | limitations. | ||||||
5 | (a) A person practices dental hygiene within the meaning | ||||||
6 | of this Act when the person he or she performs the following | ||||||
7 | acts under the supervision of a dentist: | ||||||
8 | (i) the operative procedure of dental hygiene, | ||||||
9 | consisting of oral prophylactic procedures; | ||||||
10 | (ii) the exposure and processing of X-Ray films of the | ||||||
11 | teeth and surrounding structures; | ||||||
12 | (iii) the application to the surfaces of the teeth or | ||||||
13 | gums of chemical compounds designed to be desensitizing | ||||||
14 | agents or effective agents in the prevention of dental | ||||||
15 | caries or periodontal disease; | ||||||
16 | (iv) all services which may be performed by a dental | ||||||
17 | assistant as specified by rule pursuant to Section 17, and | ||||||
18 | a dental hygienist may engage in the placing, carving, and | ||||||
19 | finishing of amalgam restorations only after obtaining | ||||||
20 | formal education and certification as determined by the | ||||||
21 | Department; | ||||||
22 | (v) administration and monitoring of nitrous oxide | ||||||
23 | upon successful completion of a training program approved | ||||||
24 | by the Department; | ||||||
25 | (vi) administration of local anesthetics upon | ||||||
26 | successful completion of a training program approved by |
| |||||||
| |||||||
1 | the Department; and | ||||||
2 | (vii) such other procedures and acts as shall be | ||||||
3 | prescribed by rule or regulation of the Department. | ||||||
4 | (b) A dental hygienist may be employed or engaged only: | ||||||
5 | (1) by a dentist; | ||||||
6 | (2) by a federal, State, county, or municipal agency | ||||||
7 | or institution; | ||||||
8 | (3) by a public or private school; or | ||||||
9 | (4) by a public clinic operating under the direction | ||||||
10 | of a hospital or federal, State, county, municipal, or | ||||||
11 | other public agency or institution. | ||||||
12 | (c) When employed or engaged in the office of a dentist, a | ||||||
13 | dental hygienist may perform, under general supervision, those | ||||||
14 | procedures found in items (i) through (iv) of subsection (a) | ||||||
15 | of this Section, provided the patient has been examined by the | ||||||
16 | dentist within one year of the provision of dental hygiene | ||||||
17 | services, the dentist has approved the dental hygiene services | ||||||
18 | by a notation in the patient's record and the patient has been | ||||||
19 | notified that the dentist may be out of the office during the | ||||||
20 | provision of dental hygiene services. | ||||||
21 | (d) If a patient of record is unable to travel to a dental | ||||||
22 | office because of illness, infirmity, or imprisonment, a | ||||||
23 | dental hygienist may perform, under the general supervision of | ||||||
24 | a dentist, those procedures found in items (i) through (iv) of | ||||||
25 | subsection (a) of this Section, provided the patient is | ||||||
26 | located in a long-term care facility licensed by the State of |
| |||||||
| |||||||
1 | Illinois, a mental health or developmental disability | ||||||
2 | facility, or a State or federal prison. The dentist shall | ||||||
3 | either personally examine and diagnose the patient or utilize | ||||||
4 | approved teledentistry communication methods and determine | ||||||
5 | which services are necessary to be performed, which shall be | ||||||
6 | contained in an order to the hygienist and a notation in the | ||||||
7 | patient's record. Such order must be implemented within 45 | ||||||
8 | days of its issuance, and an updated medical history and | ||||||
9 | observation of oral conditions must be performed by the | ||||||
10 | hygienist immediately prior to beginning the procedures to | ||||||
11 | ensure that the patient's health has not changed in any manner | ||||||
12 | to warrant a reexamination by the dentist. | ||||||
13 | (e) School-based oral health care, consisting of and | ||||||
14 | limited to oral prophylactic procedures, sealants, and | ||||||
15 | fluoride treatments, may be provided by a dental hygienist | ||||||
16 | under the general supervision of a dentist. A dental hygienist | ||||||
17 | may not provide other dental hygiene treatment in a | ||||||
18 | school-based setting, including but not limited to | ||||||
19 | administration or monitoring of nitrous oxide or | ||||||
20 | administration of local anesthetics. The school-based | ||||||
21 | procedures may be performed provided the patient is located at | ||||||
22 | a public or private school and the program is being conducted | ||||||
23 | by a State, county or local public health department | ||||||
24 | initiative or in conjunction with a dental school or dental | ||||||
25 | hygiene program. The dentist shall personally examine and | ||||||
26 | diagnose the patient and determine which services are |
| |||||||
| |||||||
1 | necessary to be performed, which shall be contained in an | ||||||
2 | order to the hygienist and a notation in the patient's record. | ||||||
3 | Any such order for sealants must be implemented within 120 | ||||||
4 | days after its issuance. Any such order for oral prophylactic | ||||||
5 | procedures or fluoride treatments must be implemented within | ||||||
6 | 180 days after its issuance. An updated medical history and | ||||||
7 | observation of oral conditions must be performed by the | ||||||
8 | hygienist immediately prior to beginning the procedures to | ||||||
9 | ensure that the patient's health has not changed in any manner | ||||||
10 | to warrant a reexamination by the dentist. | ||||||
11 | (f) Without the supervision of a dentist, a dental | ||||||
12 | hygienist may perform dental health education functions, | ||||||
13 | including instruction in proper oral health care and dental | ||||||
14 | hygiene in, for example, a school setting, a long-term care | ||||||
15 | facility, and a health fair. In addition, a dental hygienist | ||||||
16 | may record case histories and oral conditions observed at any | ||||||
17 | time prior to a clinical exam by a dentist. | ||||||
18 | (g) The number of dental hygienists practicing in a dental | ||||||
19 | office shall not exceed, at any one time, 4 times the number of | ||||||
20 | dentists practicing in the office at the time. | ||||||
21 | (h) A dental hygienist who is certified as a public health | ||||||
22 | dental hygienist may provide services to patients: (1) who are | ||||||
23 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
24 | household income is not greater than 300% of the federal | ||||||
25 | poverty level. A public health dental hygienist may perform | ||||||
26 | oral assessments, perform screenings, and provide educational |
| |||||||
| |||||||
1 | and preventative services as provided in subsection (b) of | ||||||
2 | Section 18.1 of this Act. The public health dental hygienist | ||||||
3 | may not administer local anesthesia or nitrous oxide, or | ||||||
4 | place, carve, or finish amalgam restorations or provide | ||||||
5 | periodontal therapy under this exception. Each patient must | ||||||
6 | sign a consent form that acknowledges that the care received | ||||||
7 | does not take the place of a regular dental examination. The | ||||||
8 | public health dental hygienist must provide the patient or | ||||||
9 | guardian a written referral to a dentist for assessment of the | ||||||
10 | need for further dental care at the time of treatment. Any | ||||||
11 | indication or observation of a condition that could warrant | ||||||
12 | the need for urgent attention must be reported immediately to | ||||||
13 | the supervising dentist for appropriate assessment and | ||||||
14 | treatment. | ||||||
15 | This subsection (h) is inoperative on and after January 1, | ||||||
16 | 2026. | ||||||
17 | (i) A dental hygienist performing procedures listed in | ||||||
18 | paragraphs (1) through (4) of subsection (a) of Section 17.1 | ||||||
19 | must be under the supervision of a dentist, requiring the | ||||||
20 | dentist authorizes the procedure, remains in the dental | ||||||
21 | facility while the procedure is performed, and approves the | ||||||
22 | work performed by the dental hygienist before dismissal of the | ||||||
23 | patient, but the dentist is not required to be present at all | ||||||
24 | times in the treatment room. | ||||||
25 | (j) A dental hygienist may perform actions described in | ||||||
26 | paragraph (5) of subsection (a) of Section 17.1 under the |
| |||||||
| |||||||
1 | general supervision of a dentist as described in this Section. | ||||||
2 | (Source: P.A. 102-936, eff. 1-1-23; 103-431, eff. 1-1-24 .) | ||||||
3 | (225 ILCS 25/18.1) | ||||||
4 | (Section scheduled to be repealed on January 1, 2026) | ||||||
5 | Sec. 18.1. Public health dental supervision | ||||||
6 | responsibilities. | ||||||
7 | (a) When working together in a public health supervision | ||||||
8 | relationship, dentists and public health dental hygienists | ||||||
9 | shall enter into a public health supervision agreement. The | ||||||
10 | dentist providing public health supervision must: | ||||||
11 | (1) be available to provide an appropriate level of | ||||||
12 | contact, communication, collaboration, and consultation | ||||||
13 | with the public health dental hygienist and must meet | ||||||
14 | in-person with the public health dental hygienist at least | ||||||
15 | quarterly for review and consultation; | ||||||
16 | (2) have specific standing orders or policy guidelines | ||||||
17 | for procedures that are to be carried out for each | ||||||
18 | location or program, although the dentist need not be | ||||||
19 | present when the procedures are being performed; | ||||||
20 | (3) provide for the patient's additional necessary | ||||||
21 | care in consultation with the public health dental | ||||||
22 | hygienist; | ||||||
23 | (4) file agreements and notifications as required; and | ||||||
24 | (5) include procedures for creating and maintaining | ||||||
25 | dental records, including protocols for transmission of |
| |||||||
| |||||||
1 | all records between the public health dental hygienist and | ||||||
2 | the dentist following each treatment, which shall include | ||||||
3 | a notation regarding procedures authorized by the dentist | ||||||
4 | and performed by the public health dental hygienist and | ||||||
5 | the location where those records are to be kept. | ||||||
6 | Each dentist and hygienist who enters into a public health | ||||||
7 | supervision agreement must document and maintain a copy of any | ||||||
8 | change or termination of that agreement. | ||||||
9 | Dental records shall be owned and maintained by the | ||||||
10 | supervising dentist for all patients treated under public | ||||||
11 | health supervision, unless the supervising dentist is an | ||||||
12 | employee of a public health clinic or federally qualified | ||||||
13 | health center, in which case the public health clinic or | ||||||
14 | federally qualified health center shall maintain the records. | ||||||
15 | If a dentist ceases to be employed or contracted by the | ||||||
16 | facility, the dentist shall notify the facility administrator | ||||||
17 | that the public health supervision agreement is no longer in | ||||||
18 | effect. A new public health supervision agreement is required | ||||||
19 | for the public health dental hygienist to continue treating | ||||||
20 | patients under public health supervision. | ||||||
21 | A dentist entering into an agreement under this Section | ||||||
22 | may supervise and enter into agreements for public health | ||||||
23 | supervision with 4 public health dental hygienists. This shall | ||||||
24 | be in addition to the limit of 4 dental hygienists per dentist | ||||||
25 | set forth in subsection (g) of Section 18 of this Act. | ||||||
26 | (b) A public health dental hygienist providing services |
| |||||||
| |||||||
1 | under public health supervision may perform only those duties | ||||||
2 | within the accepted scope of practice of dental hygiene, as | ||||||
3 | follows: | ||||||
4 | (1) the operative procedures of dental hygiene, | ||||||
5 | consisting of oral prophylactic procedures, including | ||||||
6 | prophylactic cleanings, application of fluoride, and | ||||||
7 | placement of sealants; | ||||||
8 | (2) the exposure and processing of x-ray films of the | ||||||
9 | teeth and surrounding structures; and | ||||||
10 | (3) such other procedures and acts as shall be | ||||||
11 | prescribed by rule of the Department. | ||||||
12 | Any patient treated under this subsection (b) must be | ||||||
13 | examined by a dentist before additional services can be | ||||||
14 | provided by a public health dental hygienist. However, if the | ||||||
15 | supervising dentist, after consultation with the public health | ||||||
16 | hygienist, determines that time is needed to complete an | ||||||
17 | approved treatment plan on a patient eligible under this | ||||||
18 | Section, then the dentist may instruct the hygienist to | ||||||
19 | complete the remaining services prior to an oral examination | ||||||
20 | by the dentist. Such instruction by the dentist to the | ||||||
21 | hygienist shall be noted in the patient's records. Any | ||||||
22 | services performed under this exception must be scheduled in a | ||||||
23 | timely manner and shall not occur more than 30 days after the | ||||||
24 | first appointment date. | ||||||
25 | (c) A public health dental hygienist providing services | ||||||
26 | under public health supervision must: |
| |||||||
| |||||||
1 | (1) provide to the patient, parent, or guardian a | ||||||
2 | written plan for referral or an agreement for follow-up | ||||||
3 | that records all conditions observed that should be called | ||||||
4 | to the attention of a dentist for proper diagnosis; | ||||||
5 | (2) have each patient sign a permission slip or | ||||||
6 | consent form that informs them that the service to be | ||||||
7 | received does not take the place of regular dental | ||||||
8 | checkups at a dental office and is meant for people who | ||||||
9 | otherwise would not have access to the service; | ||||||
10 | (3) inform each patient who may require further dental | ||||||
11 | services of that need; | ||||||
12 | (4) maintain an appropriate level of contact and | ||||||
13 | communication with the dentist providing public health | ||||||
14 | supervision; and | ||||||
15 | (5) complete an additional 4 hours of continuing | ||||||
16 | education in areas specific to public health dentistry | ||||||
17 | yearly. | ||||||
18 | (d) Each public health dental hygienist who has rendered | ||||||
19 | services under subsections (c), (d), and (e) of this Section | ||||||
20 | must complete a summary report at the completion of a program | ||||||
21 | or, in the case of an ongoing program, at least annually. The | ||||||
22 | report must be completed in the manner specified by the | ||||||
23 | Department of Public Health Oral Health Section including | ||||||
24 | information about each location where the public health dental | ||||||
25 | hygienist has rendered these services. The public health | ||||||
26 | dental hygienist must submit the form to the dentist providing |
| |||||||
| |||||||
1 | supervision for the dentist's his or her signature before | ||||||
2 | sending it to the Division. The Department of Public Health | ||||||
3 | Oral Health Section shall compile and publicize public health | ||||||
4 | dental hygienist service data annually. | ||||||
5 | (e) Public health dental hygienists providing services | ||||||
6 | under public health supervision may be compensated for their | ||||||
7 | work by salary, honoraria, and other mechanisms by the | ||||||
8 | employing or sponsoring entity. Nothing in this Act shall | ||||||
9 | preclude the entity that employs or sponsors a public health | ||||||
10 | dental hygienist from seeking payment, reimbursement, or other | ||||||
11 | source of funding for the services provided. | ||||||
12 | (e-5) A patient who is provided services under a | ||||||
13 | supervision agreement by a public health dental hygienist as | ||||||
14 | described in this Section does not need to receive a physical | ||||||
15 | examination from a dentist prior to treatment if the public | ||||||
16 | health dental hygienist consults with the supervising dentist | ||||||
17 | prior to performing the teledentistry service. | ||||||
18 | (f) This Section is repealed on January 1, 2026. | ||||||
19 | (Source: P.A. 103-431, eff. 1-1-24; 103-902, eff. 8-9-24.) | ||||||
20 | (225 ILCS 25/19) (from Ch. 111, par. 2319) | ||||||
21 | (Section scheduled to be repealed on January 1, 2026) | ||||||
22 | Sec. 19. Endorsement Licensing applicants from other | ||||||
23 | states . Any person who has been lawfully licensed to practice | ||||||
24 | dentistry, including the practice of a licensed dental | ||||||
25 | specialty, or dental hygiene in another state or territory or |
| |||||||
| |||||||
1 | as a member of the military service which has and maintains a | ||||||
2 | standard for the practice of dentistry, a dental specialty, or | ||||||
3 | dental hygiene at least equal to that now maintained in this | ||||||
4 | State, or if the requirements for licensure in such state or | ||||||
5 | territory in which the applicant was licensed were, at the | ||||||
6 | date of the applicant's his or her licensure, substantially | ||||||
7 | equivalent to the requirements then in force in this State, | ||||||
8 | and who has been lawfully engaged in the practice of dentistry | ||||||
9 | or dental hygiene for at least 2 years immediately preceding | ||||||
10 | the filing of the his or her application to practice in this | ||||||
11 | State and who shall deposit with the Department a duly | ||||||
12 | attested certificate from the Board of the state or territory | ||||||
13 | in which the person he or she is licensed, certifying to the | ||||||
14 | fact of the person's his or her licensing and of the person his | ||||||
15 | or her being a person of good moral character may, upon payment | ||||||
16 | of the required fee, be granted a license to practice | ||||||
17 | dentistry, a dental specialty, or dental hygiene in this | ||||||
18 | State, as the 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. |
| |||||||
| |||||||
1 | Applicants have 3 years from the date of application to | ||||||
2 | complete the application process. If the process has not been | ||||||
3 | completed in 3 years, the application shall be denied, the fee | ||||||
4 | forfeited and the applicant must reapply and meet the | ||||||
5 | requirements in effect at the time of reapplication. | ||||||
6 | (Source: P.A. 103-425, eff. 1-1-24 .) | ||||||
7 | (225 ILCS 25/19.2) | ||||||
8 | (Section scheduled to be repealed on January 1, 2026) | ||||||
9 | Sec. 19.2. Temporary permit for free dental care. | ||||||
10 | (a) Upon Board recommendation, the Department may issue a | ||||||
11 | temporary permit authorizing the practice in this State, | ||||||
12 | without compensation, of dentistry to an applicant who is | ||||||
13 | licensed to practice dentistry in another state, if all of the | ||||||
14 | following apply: | ||||||
15 | (1) the Department determines that the applicant's | ||||||
16 | services will improve the welfare of Illinois residents | ||||||
17 | who are eligible for Medicaid or who are uninsured and | ||||||
18 | whose household income is not greater than 200% of the | ||||||
19 | federal poverty level; | ||||||
20 | (2) the applicant has graduated from a dental program | ||||||
21 | approved by the American Dental Association's Commission | ||||||
22 | on Dental Accreditation and maintains an equivalent | ||||||
23 | authorization to practice dentistry in good standing in | ||||||
24 | the applicant's his or her native licensing jurisdiction | ||||||
25 | during the period of the temporary visiting dentist permit |
| |||||||
| |||||||
1 | and can furnish the Department a certified letter upon | ||||||
2 | request from that jurisdiction attesting to the fact that | ||||||
3 | the applicant has no pending action or violations against | ||||||
4 | the applicant's his or her license; | ||||||
5 | (3) the applicant has received an invitation to | ||||||
6 | perform dental care by a charitable organization or has | ||||||
7 | received an invitation to study or receive training on | ||||||
8 | specific dental or clinical subjects or techniques by a | ||||||
9 | licensed continuing education sponsor who is approved by | ||||||
10 | the Department to provide clinical training in the State | ||||||
11 | of Illinois on patients for the welfare of Illinois | ||||||
12 | residents pursuant to subsection (a-5) and is in | ||||||
13 | compliance with the provisions of this Act; | ||||||
14 | (4) the applicant will be working pursuant to a | ||||||
15 | collaborative agreement with and under the direct | ||||||
16 | supervision of an Illinois licensed dentist, who is in | ||||||
17 | good standing, during the duration of the program. The | ||||||
18 | supervising dentist must be physically present during all | ||||||
19 | clinical training courses; and | ||||||
20 | (5) payment of a fee established by rule. | ||||||
21 | The Department may adopt rules to implement this | ||||||
22 | subsection. | ||||||
23 | (a-5) Upon Board recommendation, after the filing of an | ||||||
24 | application, the Department may allow approved continuing | ||||||
25 | education sponsors to be licensed to provide live patient | ||||||
26 | continuing education clinical training courses if the |
| |||||||
| |||||||
1 | following requirements are met: | ||||||
2 | (1) the continuing education course provides services, | ||||||
3 | without compensation, that will improve the welfare of | ||||||
4 | Illinois residents as described in paragraph (1) of | ||||||
5 | subsection (a). The application to the Board must include | ||||||
6 | the following information for review and approval by the | ||||||
7 | Department: | ||||||
8 | (i) a plan of follow-up care and training models; | ||||||
9 | (ii) any and all documentation to be signed by the | ||||||
10 | patients, including, but not limited to, waivers, | ||||||
11 | consent forms, and releases; | ||||||
12 | (iii) information related to the facilities being | ||||||
13 | utilized, staffing plans, and emergency plans; | ||||||
14 | (iv) the process by which patients will be | ||||||
15 | contacted before, during, and after treatment; | ||||||
16 | (v) the intended population that will be receiving | ||||||
17 | treatment; and | ||||||
18 | (vi) proof of valid malpractice insurance for the | ||||||
19 | approved continuing education sponsor that extends | ||||||
20 | coverage to clinical staff, trainees, and out-of-state | ||||||
21 | permit holders that meet the requirements of | ||||||
22 | subsection (a); | ||||||
23 | (2) a valid written collaborative agreement must exist | ||||||
24 | between the temporary visiting dentist and the Illinois | ||||||
25 | licensed dentist co-treating patients under this Section. | ||||||
26 | The collaborative agreement must include a description of |
| |||||||
| |||||||
1 | the care to be provided and procedures to be performed by | ||||||
2 | the temporary visiting dentist. There shall be no more | ||||||
3 | than 5 trainees per supervising dentist. A copy of this | ||||||
4 | agreement shall become part of the patient's dental record | ||||||
5 | and shall be made available upon request to the | ||||||
6 | Department; and | ||||||
7 | (3) payment of a fee established by rule. | ||||||
8 | A continuing education sponsor license issued under this | ||||||
9 | Section shall be valid for a period of time as provided by | ||||||
10 | rule. | ||||||
11 | The Department shall adopt rules to implement this | ||||||
12 | subsection. | ||||||
13 | (b) (Blank). | ||||||
14 | (c) A temporary permit shall be valid for no longer than 5 | ||||||
15 | consecutive clinical days within 6 months from the date of | ||||||
16 | issuance. The temporary permit may be issued once per year to a | ||||||
17 | visiting dentist. Temporary permits under subsection (a) may | ||||||
18 | be restored no more than one time within 5 years of the initial | ||||||
19 | permits issuance. The Department may require an applicant to | ||||||
20 | pay a fee for the issuance or restoration of a permit under | ||||||
21 | this Section. | ||||||
22 | (d) (Blank). | ||||||
23 | (e) The temporary permit shall only permit the holder to | ||||||
24 | practice dentistry within the scope of the dental studies and | ||||||
25 | in conjunction with one of the following: | ||||||
26 | (1) the charitable organization; or |
| |||||||
| |||||||
1 | (2) a continuing education program provided by a | ||||||
2 | continuing education sponsor approved by the Department | ||||||
3 | pursuant to this Section that the permit holder is | ||||||
4 | attending. | ||||||
5 | (f) The temporary visiting dentist may not administer | ||||||
6 | moderate sedation, deep sedation, or general anesthesia. | ||||||
7 | (g) A patient who seeks treatment from a temporary | ||||||
8 | visiting dentist must sign a consent form acknowledging that | ||||||
9 | the care the patient will receive will be provided by a dentist | ||||||
10 | not licensed in the State of Illinois and that the Illinois | ||||||
11 | licensed dentist who has the collaborative agreement with the | ||||||
12 | temporary visiting dentist will be responsible for all the | ||||||
13 | follow-up care associated with the treatment rendered to the | ||||||
14 | patient. | ||||||
15 | (h) An application for the temporary permit shall be made | ||||||
16 | to the Department in writing on forms prescribed by the | ||||||
17 | Department and shall be accompanied by a nonrefundable fee | ||||||
18 | established by rule. | ||||||
19 | (i) An applicant for a temporary permit may be requested | ||||||
20 | to appear before the Board to respond to questions concerning | ||||||
21 | the applicant's qualifications to receive the permit. An | ||||||
22 | applicant's refusal to appear before the Board may be grounds | ||||||
23 | for denial of the application by the Department. | ||||||
24 | (j) The Secretary may summarily cancel any permit or | ||||||
25 | license issued pursuant to this Section without a hearing if | ||||||
26 | the Secretary finds that evidence in the Secretary's his or |
| |||||||
| |||||||
1 | her possession indicates that a continuing education sponsor | ||||||
2 | licensed under this Section or a temporary permit holder's | ||||||
3 | continuation in practice would constitute an imminent danger | ||||||
4 | to the public or violate any provision of this Act or its | ||||||
5 | rules. If the Secretary summarily cancels a permit or license | ||||||
6 | issued pursuant to this Section, the permit holder or licensee | ||||||
7 | may petition the Department for a hearing in accordance with | ||||||
8 | the provisions of subsection (b) of Section 26 of this Act to | ||||||
9 | reinstate the his or her permit or license. | ||||||
10 | (k) In addition to terminating any permit or license | ||||||
11 | issued pursuant to this Section, the Department may impose a | ||||||
12 | monetary penalty not to exceed $10,000 upon the temporary | ||||||
13 | permit holder or licensee and may notify any state in which the | ||||||
14 | temporary permit holder or licensee has been issued a license | ||||||
15 | that the his or her Illinois permit or license has been | ||||||
16 | terminated and the reasons for the termination. The monetary | ||||||
17 | penalty shall be paid within 60 days after the effective date | ||||||
18 | of the order imposing the penalty. The order shall constitute | ||||||
19 | a judgment and may be filed and execution had thereon in the | ||||||
20 | same manner as any judgment from any court of record. It is the | ||||||
21 | intent of the General Assembly that a permit or license issued | ||||||
22 | pursuant to this Section shall be considered a privilege and | ||||||
23 | not a property right. | ||||||
24 | (Source: P.A. 102-582, eff. 1-1-22; 103-628, eff. 7-1-24.) | ||||||
25 | (225 ILCS 25/20) (from Ch. 111, par. 2320) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2026) | ||||||
2 | Sec. 20. Display of licenses. Any person licensed to | ||||||
3 | practice dentistry or dental hygiene in this State by the | ||||||
4 | Department as hereinbefore provided, shall at all times | ||||||
5 | display such license or duplicate original thereof in a | ||||||
6 | conspicuous place, in the person's his or her office wherein | ||||||
7 | the person he or she shall practice such profession, and shall | ||||||
8 | further, whenever requested, exhibit such license to any of | ||||||
9 | the members of the Department or its authorized agent. Upon | ||||||
10 | proof by affidavit, the Department shall provide a duplicate | ||||||
11 | if such person establishes that the person's his or her | ||||||
12 | license is lost or stolen or that the person he or she | ||||||
13 | practices at multiple locations. | ||||||
14 | (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95 .) | ||||||
15 | (225 ILCS 25/22) (from Ch. 111, par. 2322) | ||||||
16 | (Section scheduled to be repealed on January 1, 2026) | ||||||
17 | Sec. 22. Returned checks; penalties. Any person who | ||||||
18 | delivers a check or other payment to the Department that is | ||||||
19 | returned to the Department unpaid by the financial institution | ||||||
20 | upon which it is drawn shall pay to the Department, in addition | ||||||
21 | to the amount already owed to the Department, a fine of $50. | ||||||
22 | The fines imposed by this Section are in addition to any other | ||||||
23 | discipline provided under this Act for unlicensed practice or | ||||||
24 | practice on a nonrenewed license. The Department shall notify | ||||||
25 | the person that payment of fees and fines shall be paid to the |
| |||||||
| |||||||
1 | Department by certified check or money order within 30 | ||||||
2 | calendar days of the notification. If, after the expiration of | ||||||
3 | 30 days from the date of the notification, the person has | ||||||
4 | failed to submit the necessary remittance, the Department | ||||||
5 | shall automatically terminate the license or deny the | ||||||
6 | application, without hearing. If, after termination or denial, | ||||||
7 | the person seeks a license, the person he or she shall apply to | ||||||
8 | the Department for restoration or issuance of the license and | ||||||
9 | pay all fees and fines due to the Department. The Department | ||||||
10 | may establish a fee for the processing of an application for | ||||||
11 | restoration of a license to pay all expenses of processing | ||||||
12 | this application. The Secretary may waive the fines due under | ||||||
13 | this Section in individual cases where the Secretary finds | ||||||
14 | that the fines would be unreasonable or unnecessarily | ||||||
15 | burdensome. | ||||||
16 | (Source: P.A. 97-1013, eff. 8-17-12 .) | ||||||
17 | (225 ILCS 25/23) (from Ch. 111, par. 2323) | ||||||
18 | (Section scheduled to be repealed on January 1, 2026) | ||||||
19 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
20 | licenses. The Department may refuse to issue or renew, or may | ||||||
21 | revoke, suspend, place on probation, reprimand or take other | ||||||
22 | disciplinary or non-disciplinary action as the Department may | ||||||
23 | deem proper, including imposing fines not to exceed $10,000 | ||||||
24 | per violation, with regard to any license for any one or any | ||||||
25 | combination of the following causes: |
| |||||||
| |||||||
1 | 1. Fraud , or misrepresentation , or concealment in | ||||||
2 | applying for or procuring a license under this Act, or in | ||||||
3 | connection with applying for renewal of a license under | ||||||
4 | this Act. | ||||||
5 | 2. Inability to practice with reasonable judgment, | ||||||
6 | skill, or safety as a result of habitual or excessive use | ||||||
7 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
8 | other chemical agent or drug. | ||||||
9 | 3. Willful or repeated violations of the rules of the | ||||||
10 | Department of Public Health or Department of Nuclear | ||||||
11 | Safety. | ||||||
12 | 4. Acceptance of a fee for service as a witness, | ||||||
13 | without the knowledge of the court, in addition to the fee | ||||||
14 | allowed by the court. | ||||||
15 | 5. Division of fees or agreeing to split or divide the | ||||||
16 | fees received for dental services with any person for | ||||||
17 | bringing or referring a patient, except in regard to | ||||||
18 | referral services as provided for under Section 45, or | ||||||
19 | assisting in the care or treatment of a patient, without | ||||||
20 | the knowledge of the patient or the patient's his or her | ||||||
21 | legal representative. Nothing in this item 5 affects any | ||||||
22 | bona fide independent contractor or employment | ||||||
23 | arrangements among health care professionals, health | ||||||
24 | facilities, health care providers, or other entities, | ||||||
25 | except as otherwise prohibited by law. Any employment | ||||||
26 | arrangements may include provisions for compensation, |
| |||||||
| |||||||
1 | health insurance, pension, or other employment benefits | ||||||
2 | for the provision of services within the scope of the | ||||||
3 | licensee's practice under this Act. Nothing in this item 5 | ||||||
4 | shall be construed to require an employment arrangement to | ||||||
5 | receive professional fees for services rendered. | ||||||
6 | 6. Employing, procuring, inducing, aiding or abetting | ||||||
7 | a person not licensed or registered as a dentist or dental | ||||||
8 | hygienist to engage in the practice of dentistry or dental | ||||||
9 | hygiene. The person practiced upon is not an accomplice, | ||||||
10 | employer, procurer, inducer, aider, or abetter within the | ||||||
11 | meaning of this Act. | ||||||
12 | 7. Making any misrepresentations or false promises, | ||||||
13 | directly or indirectly, to influence, persuade or induce | ||||||
14 | dental patronage. | ||||||
15 | 8. Professional connection or association with or | ||||||
16 | lending the licensee's his or her name to another for the | ||||||
17 | illegal practice of dentistry by another, or professional | ||||||
18 | connection or association with any person, firm or | ||||||
19 | corporation holding himself, herself, themselves, or | ||||||
20 | itself out in any manner contrary to this Act. | ||||||
21 | 9. Obtaining or seeking to obtain practice, money, or | ||||||
22 | any other things of value by false or fraudulent | ||||||
23 | representations, but not limited to, engaging in such | ||||||
24 | fraudulent practice to defraud the medical assistance | ||||||
25 | program of the Department of Healthcare and Family | ||||||
26 | Services (formerly Department of Public Aid) under the |
| |||||||
| |||||||
1 | Illinois Public Aid Code. | ||||||
2 | 10. Practicing under a false or, except as provided by | ||||||
3 | law, an assumed name. | ||||||
4 | 11. Engaging in dishonorable, unethical, or | ||||||
5 | unprofessional conduct of a character likely to deceive, | ||||||
6 | defraud, or harm the public. | ||||||
7 | 12. Conviction by plea of guilty or nolo contendere, | ||||||
8 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
9 | sentencing for any crime, including, but not limited to, | ||||||
10 | convictions, preceding sentences of supervision, | ||||||
11 | conditional discharge, or first offender probation, under | ||||||
12 | the laws of any jurisdiction of the United States that (i) | ||||||
13 | is a felony under the laws of this State or (ii) is a | ||||||
14 | misdemeanor, an essential element of which is dishonesty, | ||||||
15 | or that is directly related to the practice of dentistry. | ||||||
16 | 13. Permitting a dental hygienist, dental assistant or | ||||||
17 | other person under the licensee's his or her supervision | ||||||
18 | to perform any operation not authorized by this Act. | ||||||
19 | 14. Permitting more than 4 dental hygienists to be | ||||||
20 | employed under the licensee's his or her supervision at | ||||||
21 | any one time. | ||||||
22 | 15. A violation of any provision of this Act or any | ||||||
23 | rules promulgated under this Act. | ||||||
24 | 16. Taking impressions for or using the services of | ||||||
25 | any person, firm or corporation violating this Act. | ||||||
26 | 17. Violating any provision of Section 45 relating to |
| |||||||
| |||||||
1 | advertising. | ||||||
2 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
3 | nation, if at least one of the grounds for the discipline | ||||||
4 | is the same or substantially equivalent to those set forth | ||||||
5 | within this Act. | ||||||
6 | 19. Willfully failing to report an instance of | ||||||
7 | suspected child abuse or neglect as required by the Abused | ||||||
8 | and Neglected Child Reporting Act. | ||||||
9 | 20. Gross negligence in practice under this Act. | ||||||
10 | 21. The use or prescription for use of narcotics or | ||||||
11 | controlled substances or designated products as listed in | ||||||
12 | the Illinois Controlled Substances Act, in any way other | ||||||
13 | than for therapeutic purposes. | ||||||
14 | 22. Willfully making or filing false records or | ||||||
15 | reports in the licensee's his or her practice as a | ||||||
16 | dentist, including, but not limited to, false records to | ||||||
17 | support claims against the dental assistance program of | ||||||
18 | the Department of Healthcare and Family Services (formerly | ||||||
19 | Illinois Department of Public Aid). | ||||||
20 | 23. Professional incompetence as manifested by poor | ||||||
21 | standards of care. | ||||||
22 | 24. Physical or mental illness, including, but not | ||||||
23 | limited to, deterioration through the aging process, or | ||||||
24 | loss of motor skills which results in a dentist's | ||||||
25 | inability to practice dentistry with reasonable judgment, | ||||||
26 | skill or safety. In enforcing this paragraph, the |
| |||||||
| |||||||
1 | Department may compel a person licensed to practice under | ||||||
2 | this Act to submit to a mental or physical examination | ||||||
3 | pursuant to the terms and conditions of Section 23b. | ||||||
4 | 25. Gross or repeated irregularities in billing for | ||||||
5 | services rendered to a patient. For purposes of this | ||||||
6 | paragraph 25, "irregularities in billing" shall include: | ||||||
7 | (a) Reporting excessive charges for the purpose of | ||||||
8 | obtaining a total payment in excess of that usually | ||||||
9 | received by the dentist for the services rendered. | ||||||
10 | (b) Reporting charges for services not rendered. | ||||||
11 | (c) Incorrectly reporting services rendered for | ||||||
12 | the purpose of obtaining payment not earned. | ||||||
13 | 26. Continuing the active practice of dentistry while | ||||||
14 | knowingly having any infectious, communicable, or | ||||||
15 | contagious disease proscribed by rule or regulation of the | ||||||
16 | Department. | ||||||
17 | 27. Being named as a perpetrator in an indicated | ||||||
18 | report by the Department of Children and Family Services | ||||||
19 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
20 | and upon proof by clear and convincing evidence that the | ||||||
21 | licensee has caused a child to be an abused child or | ||||||
22 | neglected child as defined in the Abused and Neglected | ||||||
23 | Child Reporting Act. | ||||||
24 | 28. Violating the Health Care Worker Self-Referral | ||||||
25 | Act. | ||||||
26 | 29. Abandonment of a patient. |
| |||||||
| |||||||
1 | 30. Mental incompetency as declared by a court of | ||||||
2 | competent jurisdiction. | ||||||
3 | 31. A finding by the Department that the licensee, | ||||||
4 | after having the licensee's his or her license placed on | ||||||
5 | probationary status, has violated the terms of probation. | ||||||
6 | 32. Material misstatement in furnishing information to | ||||||
7 | the Department. | ||||||
8 | 33. Failing, within 60 days, to provide information in | ||||||
9 | response to a written request by the Department in the | ||||||
10 | course of an investigation. | ||||||
11 | 34. Immoral conduct in the commission of any act, | ||||||
12 | including, but not limited to, commission of an act of | ||||||
13 | sexual misconduct related to the licensee's practice. | ||||||
14 | 35. Cheating on or attempting to subvert the licensing | ||||||
15 | examination administered under this Act. | ||||||
16 | 36. A pattern of practice or other behavior that | ||||||
17 | demonstrates incapacity or incompetence to practice under | ||||||
18 | this Act. | ||||||
19 | 37. Failure to establish and maintain records of | ||||||
20 | patient care and treatment as required under this Act. | ||||||
21 | 38. Failure to provide copies of dental records as | ||||||
22 | required by law. | ||||||
23 | 39. Failure of a licensed dentist who owns or is | ||||||
24 | employed at a dental office to give notice of an office | ||||||
25 | closure to the dentist's his or her patients at least 30 | ||||||
26 | days prior to the office closure pursuant to Section 50.1. |
| |||||||
| |||||||
1 | 40. Failure to maintain a sanitary work environment. | ||||||
2 | 41. Failure to comply with the provisions of Section | ||||||
3 | 17.2 of this Act. | ||||||
4 | All proceedings to suspend, revoke, place on probationary | ||||||
5 | status, or take any other disciplinary action as the | ||||||
6 | Department may deem proper, with regard to a license on any of | ||||||
7 | the foregoing grounds, must be commenced within 5 years after | ||||||
8 | receipt by the Department of a complaint alleging the | ||||||
9 | commission of or notice of the conviction order for any of the | ||||||
10 | acts described herein. Except for fraud in procuring a | ||||||
11 | license, no action shall be commenced more than 7 years after | ||||||
12 | the date of the incident or act alleged to have violated this | ||||||
13 | Section. The time during which the holder of the license was | ||||||
14 | outside the State of Illinois shall not be included within any | ||||||
15 | period of time limiting the commencement of disciplinary | ||||||
16 | action by the Department. | ||||||
17 | All fines imposed under this Section shall be paid within | ||||||
18 | 60 days after the effective date of the order imposing the fine | ||||||
19 | or in accordance with the terms set forth in the order imposing | ||||||
20 | the fine. | ||||||
21 | The Department may refuse to issue or may suspend the | ||||||
22 | license of any person who fails to file a return, or to pay the | ||||||
23 | tax, penalty or interest shown in a filed return, or to pay any | ||||||
24 | final assessment of tax, penalty or interest, as required by | ||||||
25 | any tax Act administered by the Illinois Department of | ||||||
26 | Revenue, until such time as the requirements of any such tax |
| |||||||
| |||||||
1 | Act are satisfied. | ||||||
2 | Any dentist who has had a his or her license suspended or | ||||||
3 | revoked for more than 5 years must comply with the | ||||||
4 | requirements for restoration set forth in Section 16 prior to | ||||||
5 | being eligible for reinstatement from the suspension or | ||||||
6 | revocation. | ||||||
7 | (Source: P.A. 103-425, eff. 1-1-24; 103-902, eff. 8-9-24.) | ||||||
8 | (225 ILCS 25/23a) (from Ch. 111, par. 2323a) | ||||||
9 | (Section scheduled to be repealed on January 1, 2026) | ||||||
10 | Sec. 23a. The Secretary may, upon receipt of a written | ||||||
11 | communication from the Secretary of Human Services or the | ||||||
12 | Director of the Department of Healthcare and Family Services | ||||||
13 | (formerly Department of Public Aid) or Department of Public | ||||||
14 | Health, that continuation of practice of a person licensed | ||||||
15 | under this Act constitutes an immediate danger to the public, | ||||||
16 | immediately suspend the license of such person without a | ||||||
17 | hearing. In instances in which the Secretary immediately | ||||||
18 | suspends a license under this Section, a hearing upon such | ||||||
19 | person's license must be convened by the Board within 15 days | ||||||
20 | after such suspension and completed without appreciable delay, | ||||||
21 | such hearing held to determine whether to recommend to the | ||||||
22 | Secretary that the person's license be revoked, suspended, | ||||||
23 | placed on probationary status or reinstated, or such person be | ||||||
24 | subject to other disciplinary action. In such hearing, the | ||||||
25 | written communication and any other evidence submitted |
| |||||||
| |||||||
1 | therewith may be introduced as evidence against such person; | ||||||
2 | provided however, the person, or the person's his or her | ||||||
3 | counsel, shall have the opportunity to discredit or impeach | ||||||
4 | such evidence and submit evidence rebutting same. | ||||||
5 | (Source: P.A. 97-1013, eff. 8-17-12 .) | ||||||
6 | (225 ILCS 25/23b) | ||||||
7 | (Section scheduled to be repealed on January 1, 2026) | ||||||
8 | Sec. 23b. Requirement for mental and physical examinations | ||||||
9 | under certain conditions. | ||||||
10 | (a) In enforcing paragraph 24 of Section 23 of this Act, | ||||||
11 | the Department may compel any individual who is licensed to | ||||||
12 | practice under this Act or who has applied for licensure under | ||||||
13 | this Act, to submit to a mental or physical examination and | ||||||
14 | evaluation, or both, which may include a substance abuse or | ||||||
15 | sexual offender evaluation, as required by and at the expense | ||||||
16 | of the Department. The Department shall specifically designate | ||||||
17 | the examining physician licensed to practice medicine in all | ||||||
18 | of its branches or, if applicable, the multidisciplinary team | ||||||
19 | involved in providing the mental or physical examination and | ||||||
20 | evaluation, or both. The multidisciplinary team shall be led | ||||||
21 | by a physician licensed to practice medicine in all of its | ||||||
22 | branches and may consist of one or more or a combination of | ||||||
23 | physicians licensed to practice medicine in all of its | ||||||
24 | branches, licensed clinical psychologists, licensed clinical | ||||||
25 | social workers, licensed clinical professional counselors, and |
| |||||||
| |||||||
1 | other professional and administrative staff. Any examining | ||||||
2 | physician or member of the multidisciplinary team may require | ||||||
3 | any person ordered to submit to an examination and evaluation | ||||||
4 | pursuant to this Section to submit to any additional | ||||||
5 | supplemental testing deemed necessary to complete any | ||||||
6 | examination or evaluation process, including, but not limited | ||||||
7 | to, blood testing, urinalysis, psychological testing, or | ||||||
8 | neuropsychological testing. The Department may order the | ||||||
9 | examining physician or any member of the multidisciplinary | ||||||
10 | team to provide to the Department any and all records, | ||||||
11 | including business records, that relate to the examination and | ||||||
12 | evaluation, including any supplemental testing performed. The | ||||||
13 | Department may order the examining physician or any member of | ||||||
14 | the multidisciplinary team to present testimony concerning the | ||||||
15 | examination and evaluation of the licensee or applicant, | ||||||
16 | including testimony concerning any supplemental testing or | ||||||
17 | documents relating to the examination and evaluation. No | ||||||
18 | information, report, record, or other documents in any way | ||||||
19 | related to the examination and evaluation shall be excluded by | ||||||
20 | reason of any common law or statutory privilege relating to | ||||||
21 | communications between the licensee or applicant and the | ||||||
22 | examining physician or any member of the multidisciplinary | ||||||
23 | team. No authorization is necessary from the licensee or | ||||||
24 | applicant ordered to undergo an examination and evaluation for | ||||||
25 | the examining physician or any member of the multidisciplinary | ||||||
26 | team to provide information, reports, records, or other |
| |||||||
| |||||||
1 | documents or to provide any testimony regarding the | ||||||
2 | examination and evaluation. The individual to be examined may | ||||||
3 | have, at the individual's his or her own expense, another | ||||||
4 | physician of the individual's his or her choice present during | ||||||
5 | all aspects of this examination. Failure of an individual to | ||||||
6 | submit to a mental or physical examination and evaluation, or | ||||||
7 | both, when directed shall result in the automatic suspension | ||||||
8 | of the individual's his or her license, without hearing, until | ||||||
9 | the individual submits to the examination . if the Department | ||||||
10 | finds, after notice and hearing, that the refusal to submit to | ||||||
11 | the examination. | ||||||
12 | (b) If the Department finds an individual unable to | ||||||
13 | practice because of the reasons set forth in paragraph 24 of | ||||||
14 | Section 23, the Department may require that individual to | ||||||
15 | submit to care, counseling, or treatment by physicians | ||||||
16 | approved or designated by the Department as a condition, term, | ||||||
17 | or restriction for continued, reinstated, or renewed licensure | ||||||
18 | to practice, or in lieu of care, counseling, or treatment, the | ||||||
19 | Department may file a complaint to immediately suspend, | ||||||
20 | revoke, or otherwise discipline the license of the individual. | ||||||
21 | An individual whose license was granted, continued, | ||||||
22 | reinstated, renewed, disciplined, or supervised subject to | ||||||
23 | such terms, conditions, or restrictions, and who fails to | ||||||
24 | comply with such terms, conditions, or restrictions, shall be | ||||||
25 | referred to the Secretary for a determination as to whether | ||||||
26 | the individual shall have the his or her license suspended |
| |||||||
| |||||||
1 | immediately, pending a hearing by the Department. | ||||||
2 | (Source: P.A. 97-1013, eff. 8-17-12 .) | ||||||
3 | (225 ILCS 25/24) (from Ch. 111, par. 2324) | ||||||
4 | (Section scheduled to be repealed on January 1, 2026) | ||||||
5 | Sec. 24. Refusal, suspension or revocation of dental | ||||||
6 | hygienist license. The Department may refuse to issue or renew | ||||||
7 | or may revoke, suspend, place on probation, reprimand or take | ||||||
8 | other disciplinary or non-disciplinary action as the | ||||||
9 | Department may deem proper, including imposing fines not to | ||||||
10 | exceed $10,000 per violation, with regard to any dental | ||||||
11 | hygienist license for any one or any combination of the | ||||||
12 | following causes: | ||||||
13 | 1. Fraud or misrepresentation in applying for or | ||||||
14 | procuring a license under this Act, or in connection with | ||||||
15 | applying for renewal of a license under this Act. | ||||||
16 | 2. Performing any operation not authorized by this | ||||||
17 | Act. | ||||||
18 | 3. Practicing dental hygiene other than under the | ||||||
19 | supervision of a licensed dentist as provided by this Act. | ||||||
20 | 4. The willful wilful violation of, or the willful | ||||||
21 | wilful procuring of, or knowingly assisting in the | ||||||
22 | violation of, any Act which is now or which hereafter may | ||||||
23 | be in force in this State relating to the use of | ||||||
24 | habit-forming drugs. | ||||||
25 | 5. The obtaining of, or an attempt to obtain a |
| |||||||
| |||||||
1 | license, or practice in the profession, or money, or any | ||||||
2 | other thing of value by fraudulent representation. | ||||||
3 | 6. Gross negligence in performing the operative | ||||||
4 | procedure of dental hygiene. | ||||||
5 | 7. Active practice of dental hygiene while knowingly | ||||||
6 | having any infectious, communicable, or contagious disease | ||||||
7 | proscribed by rule or regulation of the Department. | ||||||
8 | 8. Inability to practice with reasonable judgment, | ||||||
9 | skill, or safety as a result of habitual or excessive use | ||||||
10 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
11 | other chemical agent or drug. | ||||||
12 | 9. Conviction by plea of guilty or nolo contendere, | ||||||
13 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
14 | sentencing of any crime, including, but not limited to, | ||||||
15 | convictions, preceding sentences of supervision, | ||||||
16 | conditional discharge, or first offender probation, under | ||||||
17 | the laws of any jurisdiction of the United States that (i) | ||||||
18 | is a felony or (ii) is a misdemeanor, an essential element | ||||||
19 | of which is dishonesty, or that is directly related to the | ||||||
20 | practice of dental hygiene. | ||||||
21 | 10. Aiding or abetting the unlicensed practice of | ||||||
22 | dentistry or dental hygiene. | ||||||
23 | 11. Discipline by another U.S. jurisdiction or a | ||||||
24 | foreign nation, if at least one of the grounds for the | ||||||
25 | discipline is the same or substantially equivalent to | ||||||
26 | those set forth in this Act. |
| |||||||
| |||||||
1 | 12. Violating the Health Care Worker Self-Referral | ||||||
2 | Act. | ||||||
3 | 13. Violating the prohibitions of Section 38.1 of this | ||||||
4 | Act. | ||||||
5 | 14. Engaging in dishonorable, unethical, or | ||||||
6 | unprofessional conduct of a character likely to deceive, | ||||||
7 | defraud, or harm the public. | ||||||
8 | 15. A finding by the Department that the licensee, | ||||||
9 | after having the licensee's his or her license placed on | ||||||
10 | probationary status, has violated the terms of probation. | ||||||
11 | 16. Material misstatement in furnishing information to | ||||||
12 | the Department. | ||||||
13 | 17. Failing, within 60 days, to provide information in | ||||||
14 | response to a written request by the Department in the | ||||||
15 | course of an investigation. | ||||||
16 | 18. Immoral conduct in the commission of any act, | ||||||
17 | including, but not limited to, commission of an act of | ||||||
18 | sexual misconduct related to the licensee's practice. | ||||||
19 | 19. Cheating on or attempting to subvert the licensing | ||||||
20 | examination administered under this Act. | ||||||
21 | 20. Violations of this Act or of the rules promulgated | ||||||
22 | under this Act. | ||||||
23 | 21. Practicing under a false or, except as provided by | ||||||
24 | law, an assumed name. | ||||||
25 | The provisions of this Act relating to proceedings for the | ||||||
26 | suspension and revocation of a license to practice dentistry |
| |||||||
| |||||||
1 | shall apply to proceedings for the suspension or revocation of | ||||||
2 | a license as a dental hygienist. | ||||||
3 | All proceedings to suspend, revoke, place on probationary | ||||||
4 | status, or take any other disciplinary action as the | ||||||
5 | Department may deem proper with regard to a license on any of | ||||||
6 | the grounds contained in this Section, must be commenced | ||||||
7 | within 5 years after receipt by the Department of a complaint | ||||||
8 | alleging the commission of or notice of the conviction order | ||||||
9 | for any of the acts described in this Section. Except for fraud | ||||||
10 | in procuring a license, no action shall be commenced more than | ||||||
11 | 7 years after the date of the incident or act alleged to have | ||||||
12 | violated this Section. The time during which the holder of the | ||||||
13 | license was outside the State of Illinois shall not be | ||||||
14 | included within any period of time limiting the commencement | ||||||
15 | of disciplinary action by the Department. | ||||||
16 | All fines imposed under this Section shall be paid within | ||||||
17 | 60 days after the effective date of the order imposing the fine | ||||||
18 | or in accordance with the terms set forth in the order imposing | ||||||
19 | the fine. | ||||||
20 | Any dental hygienist who has had a his or her license | ||||||
21 | suspended or revoked for more than 5 years must comply with the | ||||||
22 | requirements for restoration set forth in Section 16 prior to | ||||||
23 | being eligible for reinstatement from the suspension or | ||||||
24 | revocation. | ||||||
25 | (Source: P.A. 99-492, eff. 12-31-15.) |
| |||||||
| |||||||
1 | (225 ILCS 25/25) (from Ch. 111, par. 2325) | ||||||
2 | (Section scheduled to be repealed on January 1, 2026) | ||||||
3 | Sec. 25. Notice of hearing; investigations and informal | ||||||
4 | conferences. | ||||||
5 | (a) Upon the motion of either the Department or the Board | ||||||
6 | or upon the verified complaint in writing of any person | ||||||
7 | setting forth facts which if proven would constitute grounds | ||||||
8 | for refusal, suspension or revocation of license under this | ||||||
9 | Act, the Board shall investigate the actions of any person, | ||||||
10 | hereinafter called the respondent, who holds or represents | ||||||
11 | that the person he or she holds a license. All such motions or | ||||||
12 | complaints shall be brought to the Board. | ||||||
13 | (b) Prior to taking an in-person statement from a dentist | ||||||
14 | or dental hygienist who is the subject of a complaint, the | ||||||
15 | investigator shall inform the dentist or the dental hygienist | ||||||
16 | in writing: | ||||||
17 | (1) that the dentist or dental hygienist is the | ||||||
18 | subject of a complaint; | ||||||
19 | (2) that the dentist or dental hygienist need not | ||||||
20 | immediately proceed with the interview and may seek | ||||||
21 | appropriate consultation prior to consenting to the | ||||||
22 | interview; and | ||||||
23 | (3) that failure of the dentist or dental hygienist to | ||||||
24 | proceed with the interview shall not prohibit the | ||||||
25 | Department from conducting a visual inspection of the | ||||||
26 | facility. |
| |||||||
| |||||||
1 | A Department investigator's failure to comply with this | ||||||
2 | subsection may not be the sole ground for dismissal of any | ||||||
3 | order of the Department filed upon a finding of a violation or | ||||||
4 | for dismissal of a pending investigation. | ||||||
5 | (b-5) The duly authorized dental investigators of the | ||||||
6 | Department shall have the right to enter and inspect, during | ||||||
7 | business hours, the business premises of a dentist licensed | ||||||
8 | under this Act or of a person who holds himself or herself out | ||||||
9 | as practicing dentistry, with due consideration for patient | ||||||
10 | care of the subject of the investigation, so as to inspect the | ||||||
11 | physical premises and equipment and furnishings therein. This | ||||||
12 | right of inspection shall not include inspection of business, | ||||||
13 | medical, or personnel records located on the premises without | ||||||
14 | a Department subpoena issued in accordance with Section 25.1 | ||||||
15 | of this Act or Section 2105-105 of the Department of | ||||||
16 | Professional Regulation Law of the Civil Administrative Code | ||||||
17 | of Illinois. For the purposes of this Section, "business | ||||||
18 | premises" means the office or offices where the dentist | ||||||
19 | conducts the practice of dentistry. | ||||||
20 | (c) If the Department concludes on the basis of a | ||||||
21 | complaint or its initial investigation that there is a | ||||||
22 | possible violation of the Act, the Department may: | ||||||
23 | (1) schedule a hearing pursuant to this Act; or | ||||||
24 | (2) request in writing that the dentist or dental | ||||||
25 | hygienist being investigated attend an informal conference | ||||||
26 | with representatives of the Department. |
| |||||||
| |||||||
1 | The request for an informal conference shall contain the | ||||||
2 | nature of the alleged actions or inactions that constitute the | ||||||
3 | possible violations. | ||||||
4 | A dentist or dental hygienist shall be allowed to have | ||||||
5 | legal counsel at the informal conference. If the informal | ||||||
6 | conference results in a consent order between the accused | ||||||
7 | dentist or dental hygienist and the Department, the consent | ||||||
8 | order must be approved by the Secretary. However, if the | ||||||
9 | consent order would result in a fine exceeding $10,000 or the | ||||||
10 | suspension or revocation of the dentist or dental hygienist | ||||||
11 | license, the consent order must be approved by the Board and | ||||||
12 | the Secretary. Participation in the informal conference by a | ||||||
13 | dentist, a dental hygienist, or the Department and any | ||||||
14 | admissions or stipulations made by a dentist, a dental | ||||||
15 | hygienist, or the Department at the informal conference, | ||||||
16 | including any agreements in a consent order that is | ||||||
17 | subsequently disapproved by either the Board or the Secretary, | ||||||
18 | shall not be used against the dentist, dental hygienist, or | ||||||
19 | Department at any subsequent hearing and shall not become a | ||||||
20 | part of the record of the hearing. | ||||||
21 | (d) The Secretary shall, before suspending, revoking, | ||||||
22 | placing on probationary status, or taking any other | ||||||
23 | disciplinary action as the Secretary may deem proper with | ||||||
24 | regard to any license, at least 30 days prior to the date set | ||||||
25 | for the hearing, notify the respondent in writing of any | ||||||
26 | charges made and the time and place for a hearing of the |
| |||||||
| |||||||
1 | charges before the Board, direct the respondent him or her to | ||||||
2 | file the his or her written answer thereto to the Board under | ||||||
3 | oath within 20 days after the service on the respondent him or | ||||||
4 | her of such notice and inform the respondent him or her that if | ||||||
5 | the respondent he or she fails to file such answer , default | ||||||
6 | will be taken against the respondent him or her and the | ||||||
7 | respondent's his or her license may be suspended, revoked, | ||||||
8 | placed on probationary status, or other disciplinary action | ||||||
9 | may be taken with regard thereto, including limiting the | ||||||
10 | scope, nature or extent of the respondent's his or her | ||||||
11 | practice, as the Secretary may deem proper. | ||||||
12 | (e) Such written notice and any notice in such proceedings | ||||||
13 | thereafter may be served by delivery personally to the | ||||||
14 | respondent, or by registered or certified mail to the | ||||||
15 | licensee's address of record or email address of record. to | ||||||
16 | the address last theretofore specified by the respondent in | ||||||
17 | his or her last notification to the Secretary. | ||||||
18 | (Source: P.A. 99-492, eff. 12-31-15.) | ||||||
19 | (225 ILCS 25/25.1) | ||||||
20 | (Section scheduled to be repealed on January 1, 2026) | ||||||
21 | Sec. 25.1. Subpoena powers. | ||||||
22 | (a) The Department, upon a determination by the | ||||||
23 | chairperson of the Board that reasonable cause exists that a | ||||||
24 | violation of one or more of the grounds for discipline set | ||||||
25 | forth in Section 23 or Section 24 of this Act has occurred or |
| |||||||
| |||||||
1 | is occurring, may subpoena , without patient consent, the | ||||||
2 | dental records of individual patients of dentists and dental | ||||||
3 | hygienists licensed under this Act. | ||||||
4 | (b) Notwithstanding subsection (a) of this Section, the | ||||||
5 | Board and the Department may subpoena copies of hospital, | ||||||
6 | medical, or dental records in mandatory report cases alleging | ||||||
7 | death or permanent bodily injury when consent to obtain the | ||||||
8 | records has not been provided by a patient or a patient's legal | ||||||
9 | representative. All records and other information received | ||||||
10 | pursuant to a subpoena shall be confidential and shall be | ||||||
11 | afforded the same status as information concerning medical | ||||||
12 | studies under Part 21 of Article VIII of the Code of Civil | ||||||
13 | Procedure. The use of these records shall be restricted to | ||||||
14 | members of the Board, the dental coordinator, and appropriate | ||||||
15 | Department staff designated by the Secretary for the purpose | ||||||
16 | of determining the existence of one or more grounds for | ||||||
17 | discipline of the dentist or dental hygienist as provided for | ||||||
18 | in Section 23 or Section 24 of this Act. | ||||||
19 | (c) Any review of an individual patient's records shall be | ||||||
20 | conducted by the Department in strict confidentiality, | ||||||
21 | provided that the patient records shall be admissible in a | ||||||
22 | disciplinary hearing before the Secretary, the Board, or a | ||||||
23 | hearing officer designated by the Department when necessary to | ||||||
24 | substantiate the grounds for discipline alleged against the | ||||||
25 | dentist or dental hygienist licensed under this Act. | ||||||
26 | (d) The Department may provide reimbursement for fees and |
| |||||||
| |||||||
1 | mileage associated with its subpoena power in the same manner | ||||||
2 | prescribed by law for judicial procedure in a civil case. | ||||||
3 | (e) Nothing in this Section shall be deemed to supersede | ||||||
4 | the provisions of Part 21 of Article VIII of the Code of Civil | ||||||
5 | Procedure, now or hereafter amended, to the extent applicable. | ||||||
6 | (f) All information gathered by the Department during any | ||||||
7 | investigation, including information subpoenaed under this Act | ||||||
8 | and the investigative file, shall be kept for the confidential | ||||||
9 | use of the Secretary, the dental coordinator, the Board's | ||||||
10 | attorneys, the dental investigative staff, authorized clerical | ||||||
11 | staff, and persons employed by contract to advise the dental | ||||||
12 | coordinator or the Department as provided in this Act, except | ||||||
13 | that the Department may disclose information and documents to | ||||||
14 | (i) a federal, State, or local law enforcement agency pursuant | ||||||
15 | to a subpoena in an ongoing criminal investigation or (ii) a | ||||||
16 | dental licensing authority of another state or jurisdiction | ||||||
17 | pursuant to an official request made by that authority. Any | ||||||
18 | information or documents disclosed by the Department to a | ||||||
19 | federal, State, or local law enforcement agency may only be | ||||||
20 | used by that agency for the investigation and prosecution of a | ||||||
21 | criminal offense. Any information or documents disclosed by | ||||||
22 | the Department to a dental licensing authority of another | ||||||
23 | state or jurisdiction may only be used by that authority for | ||||||
24 | investigations and disciplinary proceedings with regards to a | ||||||
25 | license. | ||||||
26 | This subsection (f) applies only to causes of action |
| |||||||
| |||||||
1 | accruing on or after the effective date of this amendatory Act | ||||||
2 | of the 96th General Assembly. | ||||||
3 | (Source: P.A. 96-1221, eff. 7-23-10 .) | ||||||
4 | (225 ILCS 25/26) (from Ch. 111, par. 2326) | ||||||
5 | (Section scheduled to be repealed on January 1, 2026) | ||||||
6 | Sec. 26. Disciplinary actions. | ||||||
7 | (a) In case the respondent, after receiving notice, fails | ||||||
8 | to file an answer, the respondent's his or her license may, in | ||||||
9 | the discretion of the Secretary, having first received the | ||||||
10 | recommendation of the Board, be suspended, revoked, placed on | ||||||
11 | probationary status, or the Secretary may take whatever | ||||||
12 | disciplinary or non-disciplinary action the Secretary he or | ||||||
13 | she may deem proper, including limiting the scope, nature, or | ||||||
14 | extent of the person's practice or the imposition of a fine, | ||||||
15 | without a hearing, if the act or acts charged constitute | ||||||
16 | sufficient grounds for such action under this Act. | ||||||
17 | (b) The Secretary may temporarily suspend the license of a | ||||||
18 | dentist or dental hygienist without a hearing, simultaneous to | ||||||
19 | the institution of proceedings for a hearing under this Act, | ||||||
20 | if the Secretary finds that evidence in the Secretary's his or | ||||||
21 | her possession indicates that a dentist's or dental | ||||||
22 | hygienist's continuation in practice would constitute an | ||||||
23 | immediate danger to the public. In the event that the | ||||||
24 | Secretary temporarily suspends the license of a dentist or a | ||||||
25 | dental hygienist without a hearing, a hearing by the Board |
| |||||||
| |||||||
1 | must be held within 15 days after such suspension has | ||||||
2 | occurred. | ||||||
3 | (c) The entry of a judgment by any circuit court | ||||||
4 | establishing that any person holding a license under this Act | ||||||
5 | is a person subject to involuntary admission under the Mental | ||||||
6 | Health and Developmental Disabilities Code shall operate as a | ||||||
7 | suspension of that license. That person may resume the | ||||||
8 | person's his or her practice only upon a finding by the Board | ||||||
9 | that the person he or she has been determined to be no longer | ||||||
10 | subject to involuntary admission by the court and upon the | ||||||
11 | Board's recommendation to the Secretary that the person he or | ||||||
12 | she be permitted to resume the person's his or her practice. | ||||||
13 | (Source: P.A. 99-492, eff. 12-31-15.) | ||||||
14 | (225 ILCS 25/29) (from Ch. 111, par. 2329) | ||||||
15 | (Section scheduled to be repealed on January 1, 2026) | ||||||
16 | Sec. 29. Recommendations for disciplinary action; action | ||||||
17 | action - action by Secretary. The Board may advise the | ||||||
18 | Secretary that probation be granted or that other disciplinary | ||||||
19 | action, including the limitation of the scope, nature or | ||||||
20 | extent of a person's practice, be taken, as it deems proper. If | ||||||
21 | disciplinary action other than suspension or revocation is | ||||||
22 | taken, the Board may advise that the Secretary impose | ||||||
23 | reasonable limitations and requirements upon the respondent to | ||||||
24 | insure compliance with the terms of the probation or other | ||||||
25 | disciplinary action, including, but not limited to, regular |
| |||||||
| |||||||
1 | reporting by the respondent to the Secretary of the | ||||||
2 | respondent's his or her actions, or the respondent's placing | ||||||
3 | himself or herself under the care of a qualified physician for | ||||||
4 | treatment or limiting the respondent's his or her practice in | ||||||
5 | such manner as the Secretary may require. | ||||||
6 | The Board shall present to the Secretary a written report | ||||||
7 | of its findings and recommendations. A copy of such report | ||||||
8 | shall be served upon the respondent, either personally , or by | ||||||
9 | registered or certified mail to the licensee's address of | ||||||
10 | record, or by email to the licensee's email address of record . | ||||||
11 | Within 20 days after such service, the respondent may present | ||||||
12 | to the Department a his or her motion in writing for a | ||||||
13 | rehearing, specifying the particular ground therefor. If the | ||||||
14 | respondent orders from the reporting service and pays for a | ||||||
15 | transcript of the record, the time elapsing thereafter and | ||||||
16 | before such transcript is ready for delivery to the respondent | ||||||
17 | him or her shall not be counted as part of such 20 days. | ||||||
18 | At the expiration of the time allowed for filing a motion | ||||||
19 | for rehearing the Secretary may take the action recommended by | ||||||
20 | the Board. Upon suspension, revocation, placement on | ||||||
21 | probationary status, or the taking of any other disciplinary | ||||||
22 | action, including the limiting of the scope, nature, or extent | ||||||
23 | of one's practice, deemed proper by the Secretary, with regard | ||||||
24 | to the license, the respondent shall surrender the | ||||||
25 | respondent's his or her license to the Department, if ordered | ||||||
26 | to do so by the Department, and upon the respondent's his or |
| |||||||
| |||||||
1 | her failure or refusal to do so, the Department may seize the | ||||||
2 | same. | ||||||
3 | In all instances under this Act in which the Board has | ||||||
4 | rendered a recommendation to the Secretary with respect to a | ||||||
5 | particular person, the Secretary shall, to the extent that the | ||||||
6 | Secretary he or she disagrees with or takes action contrary to | ||||||
7 | the recommendation of the Board, file with the Board the his or | ||||||
8 | her specific written reasons of disagreement. Such reasons | ||||||
9 | shall be filed within 30 days after the Secretary has taken the | ||||||
10 | contrary position. | ||||||
11 | Each order of revocation, suspension, or other | ||||||
12 | disciplinary action shall contain a brief, concise statement | ||||||
13 | of the ground or grounds upon which the Department's action is | ||||||
14 | based, as well as the specific terms and conditions of such | ||||||
15 | action. The original of this document shall be retained as a | ||||||
16 | permanent record by the Board and the Department. In those | ||||||
17 | instances where an order of revocation, suspension, or other | ||||||
18 | disciplinary action has been rendered by virtue of a dentist's | ||||||
19 | or dental hygienist's physical illness, including, but not | ||||||
20 | limited to, deterioration through the aging process, or loss | ||||||
21 | of motor skill which results in an inability to practice with | ||||||
22 | reasonable judgment, skill, or safety, the Department shall | ||||||
23 | permit only this document and the record of the hearing | ||||||
24 | incident thereto to be observed, inspected, viewed, or copied | ||||||
25 | pursuant to court order. | ||||||
26 | (Source: P.A. 99-492, eff. 12-31-15.) |
| |||||||
| |||||||
1 | (225 ILCS 25/30) (from Ch. 111, par. 2330) | ||||||
2 | (Section scheduled to be repealed on January 1, 2026) | ||||||
3 | Sec. 30. Appointment of a hearing officer. The Secretary | ||||||
4 | shall have the authority to appoint any attorney duly licensed | ||||||
5 | to practice law in the State of Illinois to serve as the | ||||||
6 | hearing officer if any action for refusal to issue, renew or | ||||||
7 | discipline of a license. The hearing officer shall have full | ||||||
8 | authority to conduct the hearing. The hearing officer shall | ||||||
9 | report his or her findings and recommendations to the Board | ||||||
10 | and the Secretary . The Board shall have 60 days from receipt of | ||||||
11 | the report to review the report of the hearing officer and | ||||||
12 | present its findings of fact, conclusions of law and | ||||||
13 | recommendations to the Secretary. If the Board fails to | ||||||
14 | present its report within the 60 day period, the Secretary | ||||||
15 | shall issue an order based on the report of the hearing | ||||||
16 | officer. | ||||||
17 | Whenever the Secretary is satisfied that substantial | ||||||
18 | justice has not been done in a formal disciplinary action or | ||||||
19 | refusal to restore a license, the Secretary he or she may order | ||||||
20 | a reexamination or rehearing by the same or other hearing | ||||||
21 | officer. | ||||||
22 | (Source: P.A. 99-492, eff. 12-31-15.) | ||||||
23 | (225 ILCS 25/32) (from Ch. 111, par. 2332) | ||||||
24 | (Section scheduled to be repealed on January 1, 2026) |
| |||||||
| |||||||
1 | Sec. 32. Administrative Review Law; application. All final | ||||||
2 | administrative decisions of the Department are subject to | ||||||
3 | judicial review pursuant to the provisions of the | ||||||
4 | Administrative Review Law, and the rules adopted pursuant | ||||||
5 | thereto. The term "administrative decision" is defined as in | ||||||
6 | Section 3-101 of the Code of Civil Procedure. | ||||||
7 | Proceedings for judicial review shall be commenced in the | ||||||
8 | circuit court of the county in which the party applying for | ||||||
9 | review resides, but if the party is not a resident of this | ||||||
10 | State, the venue shall be in Sangamon County. | ||||||
11 | The Department shall not be required to certify any record | ||||||
12 | to the court or file any answer in court or otherwise appear in | ||||||
13 | any court in a judicial review proceeding, unless and until | ||||||
14 | the Department has received from the plaintiff payment of the | ||||||
15 | costs of furnishing and certifying the record, which costs | ||||||
16 | shall be determined by the Department. Exhibits shall be | ||||||
17 | certified without cost. Failure on the part of the plaintiff | ||||||
18 | to file a receipt in court shall be grounds for dismissal of | ||||||
19 | the action. During the pendency and hearing of any and all | ||||||
20 | judicial proceedings incident to a disciplinary action any | ||||||
21 | sanctions imposed upon the respondent by the Department | ||||||
22 | because of acts or omissions related to the delivery of direct | ||||||
23 | patient care as specified in the Department's final | ||||||
24 | administrative decision, shall as a matter of public policy | ||||||
25 | remain in full force and effect in order to protect the public | ||||||
26 | pending final resolution of any of the proceedings. |
| |||||||
| |||||||
1 | (Source: P.A. 97-1013, eff. 8-17-12 .) | ||||||
2 | (225 ILCS 25/34) (from Ch. 111, par. 2334) | ||||||
3 | (Section scheduled to be repealed on January 1, 2026) | ||||||
4 | Sec. 34. Confidential information; disclosure information - | ||||||
5 | disclosure . In all hearings conducted under this Act, | ||||||
6 | information received, pursuant to law, relating to any | ||||||
7 | information acquired by a dentist or dental hygienist in | ||||||
8 | attending any patient in a professional character, and | ||||||
9 | necessary to professionally serve such patient, shall be | ||||||
10 | deemed strictly confidential and shall only be made available, | ||||||
11 | either as part of the record of a hearing hereunder or | ||||||
12 | otherwise: (1) when such record is required, in its entirety, | ||||||
13 | for purposes of judicial review pursuant to this Act; or (2) | ||||||
14 | upon the express, written consent of the patient, or in the | ||||||
15 | case of the patient's his or her death or disability, the | ||||||
16 | patient's his or her personal representative. | ||||||
17 | (Source: P.A. 84-365 .) | ||||||
18 | (225 ILCS 25/38.2) | ||||||
19 | (Section scheduled to be repealed on January 1, 2026) | ||||||
20 | Sec. 38.2. Death or incapacitation of dentist. | ||||||
21 | (a) The executor or administrator of a dentist's estate or | ||||||
22 | the legal guardian or authorized representative of a dentist | ||||||
23 | who has become incapacitated may contract with another dentist | ||||||
24 | or dentists to continue the operations of the deceased or |
| |||||||
| |||||||
1 | incapacitated dentist's practice (if the practice of the | ||||||
2 | deceased or incapacitated dentist is a sole proprietorship, a | ||||||
3 | corporation where the deceased or incapacitated dentist is the | ||||||
4 | sole shareholder, or a limited liability company where the | ||||||
5 | deceased or incapacitated dentist is the sole member) for a | ||||||
6 | period of one year from the time of death or incapacitation of | ||||||
7 | the dentist or until the practice is sold, whichever occurs | ||||||
8 | first, if all the following conditions are met: | ||||||
9 | (1) The executor, administrator, guardian, or | ||||||
10 | authorized representative executes and files with the | ||||||
11 | Department a notification of death or incapacitation on a | ||||||
12 | form provided by the Department, which notification shall | ||||||
13 | include the following: | ||||||
14 | (A) the name and license number of the deceased or | ||||||
15 | incapacitated dentist; | ||||||
16 | (B) the name and address of the dental practice; | ||||||
17 | (C) the name, address, and tax identification | ||||||
18 | number of the estate; | ||||||
19 | (D) the name and license number of each dentist | ||||||
20 | who will operate the dental practice; and | ||||||
21 | (E) an affirmation, under penalty of perjury, that | ||||||
22 | the information provided is true and correct and that | ||||||
23 | the executor, administrator, guardian, or authorized | ||||||
24 | representative understands that any interference by | ||||||
25 | the executor, administrator, guardian, or authorized | ||||||
26 | representative or any agent or assignee of the |
| |||||||
| |||||||
1 | executor, administrator, guardian, or authorized | ||||||
2 | representative with the contracting dentist's or | ||||||
3 | dentists' practice of dentistry or professional | ||||||
4 | judgment or any other violation of this Section is | ||||||
5 | grounds for an immediate termination of the operations | ||||||
6 | of the dental practice. | ||||||
7 | (2) Within 30 days after the death or incapacitation | ||||||
8 | of a dentist, the executor, administrator, guardian, or | ||||||
9 | authorized representative shall send notification of the | ||||||
10 | death or incapacitation by mail to the last known address | ||||||
11 | of each patient of record that has seen the deceased or | ||||||
12 | incapacitated dentist within the previous 12 months, with | ||||||
13 | an explanation of how copies of the practitioner's records | ||||||
14 | may be obtained. This notice may also contain any other | ||||||
15 | relevant information concerning the continuation of the | ||||||
16 | dental practice. | ||||||
17 | Continuation of the operations of the dental practice of a | ||||||
18 | deceased or incapacitated dentist shall not begin until the | ||||||
19 | provisions of this subsection (a) have been met. | ||||||
20 | If the practice is not sold within the initial one-year | ||||||
21 | period, the provision described in subsection (a) may be | ||||||
22 | extended for additional 12-month periods by the Department. | ||||||
23 | However, if the extension is approved, the extension shall not | ||||||
24 | exceed 3 additional 12-month periods. Each extension must be | ||||||
25 | granted prior to the expiration date of the prior extension | ||||||
26 | and must be accompanied by a petition detailing the reasons |
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| |||||||
1 | for the extension that must be kept on file by the Department. | ||||||
2 | (b) The Secretary may terminate the operations of a dental | ||||||
3 | practice operating pursuant to this Section if the Department | ||||||
4 | has evidence of a violation of this Section or Section 23 or 24 | ||||||
5 | of this Act. The Secretary must conduct a hearing before | ||||||
6 | terminating the operations of a dental practice operating | ||||||
7 | pursuant to this Section. At least 15 days before the hearing | ||||||
8 | date, the Department (i) must notify, in writing, the | ||||||
9 | executor, administrator, guardian, or authorized | ||||||
10 | representative at the address provided, pursuant to item (C) | ||||||
11 | of subdivision (1) of subsection (a) of this Section, and to | ||||||
12 | the contracting dentist or dentists at the address of the | ||||||
13 | dental practice provided pursuant to item (B) of subdivision | ||||||
14 | (1) of subsection (a) of this Section, of any charges made and | ||||||
15 | of the time and place of the hearing on the charges before the | ||||||
16 | Secretary or hearing officer, as provided in Section 30 of | ||||||
17 | this Act, (ii) direct the executor, administrator, guardian, | ||||||
18 | or authorized representative to file a his or her written | ||||||
19 | answer to such charges with the Secretary under oath within 10 | ||||||
20 | days after the service on the executor, administrator, | ||||||
21 | guardian, or authorized representative of the notice, and | ||||||
22 | (iii) inform the executor, administrator, guardian, or | ||||||
23 | authorized representative that if there is a failure he or she | ||||||
24 | fails to file such answer, a default judgment will be entered | ||||||
25 | against the executor, administrator, guardian, or authorized | ||||||
26 | representative him or her and the operations of the dental |
| |||||||
| |||||||
1 | practice shall be terminated. | ||||||
2 | (c) If the Secretary finds that evidence in the | ||||||
3 | Secretary's his or her possession indicates that a violation | ||||||
4 | of this Section or Section 23 or 24 of this Act constitutes an | ||||||
5 | immediate threat to the public health, safety, or welfare, the | ||||||
6 | Secretary may immediately terminate the operations of the | ||||||
7 | dental practice without a hearing. Upon service by certified | ||||||
8 | mail to the executor, administrator, guardian, or authorized | ||||||
9 | representative, at the address provided pursuant to item (C) | ||||||
10 | of subdivision (1) of subsection (a) of this Section, and the | ||||||
11 | contracting dentist or dentists, at the address of the dental | ||||||
12 | practice provided pursuant to item (B) of subdivision (1) of | ||||||
13 | subsection (a) of this Section, of notice of an order | ||||||
14 | immediately terminating the operations of the dental practice, | ||||||
15 | the executor, administrator, guardian, or authorized | ||||||
16 | representative may petition the Department within 30 days for | ||||||
17 | a hearing to take place within 30 days after the petition is | ||||||
18 | filed. | ||||||
19 | (d) The Department may require, by rule, the submission to | ||||||
20 | the Department of any additional information necessary for the | ||||||
21 | administration of this Section. | ||||||
22 | (Source: P.A. 101-162, eff. 7-26-19.) | ||||||
23 | (225 ILCS 25/40) (from Ch. 111, par. 2340) | ||||||
24 | (Section scheduled to be repealed on January 1, 2026) | ||||||
25 | Sec. 40. Filing license or diploma of another. Any person |
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| |||||||
1 | filing or attempting to file as the person's his or her own the | ||||||
2 | diploma or license of another, or a forged affidavit of | ||||||
3 | identification or qualification, shall be deemed guilty of a | ||||||
4 | Class 3 felony, and upon conviction thereof, shall be subject | ||||||
5 | to such fine and imprisonment as is made and provided by the | ||||||
6 | statutes of this State for the crime of forgery. | ||||||
7 | (Source: P.A. 84-365 .) | ||||||
8 | (225 ILCS 25/45) (from Ch. 111, par. 2345) | ||||||
9 | (Section scheduled to be repealed on January 1, 2026) | ||||||
10 | Sec. 45. Advertising. The purpose of this Section is to | ||||||
11 | authorize and regulate the advertisement by dentists of | ||||||
12 | information which is intended to provide the public with a | ||||||
13 | sufficient basis upon which to make an informed selection of | ||||||
14 | dentists while protecting the public from false or misleading | ||||||
15 | advertisements which would detract from the fair and rational | ||||||
16 | selection process. | ||||||
17 | Any dentist may advertise the availability of dental | ||||||
18 | services in the public media or on the premises where such | ||||||
19 | dental services are rendered. Such advertising shall be | ||||||
20 | limited to the following information: | ||||||
21 | (a) The dental services available; | ||||||
22 | (b) Publication of the dentist's name, title, office | ||||||
23 | hours, address and telephone; | ||||||
24 | (c) Information pertaining to the dentist's his or her | ||||||
25 | area of specialization, including appropriate board |
| |||||||
| |||||||
1 | certification or limitation of professional practice; | ||||||
2 | (d) Information on usual and customary fees for | ||||||
3 | routine dental services offered, which information shall | ||||||
4 | include notification that fees may be adjusted due to | ||||||
5 | complications or unforeseen circumstances; | ||||||
6 | (e) Announcement of the opening of, change of, absence | ||||||
7 | from, or return to business; | ||||||
8 | (f) Announcement of additions to or deletions from | ||||||
9 | professional dental staff; | ||||||
10 | (g) The issuance of business or appointment cards; | ||||||
11 | (h) Other information about the dentist, dentist's | ||||||
12 | practice or the types of dental services which the dentist | ||||||
13 | offers to perform which a reasonable person might regard | ||||||
14 | as relevant in determining whether to seek the dentist's | ||||||
15 | services. However, any advertisement which announces the | ||||||
16 | availability of endodontics, pediatric dentistry, | ||||||
17 | periodontics, prosthodontics, orthodontics and | ||||||
18 | dentofacial orthopedics, oral and maxillofacial surgery, | ||||||
19 | or oral and maxillofacial radiology by a general dentist | ||||||
20 | or by a licensed specialist who is not licensed in that | ||||||
21 | specialty shall include a disclaimer stating that the | ||||||
22 | dentist does not hold a license in that specialty. | ||||||
23 | Any dental practice with more than one location that | ||||||
24 | enrolls its dentist as a participating provider in a managed | ||||||
25 | care plan's network must verify electronically or in writing | ||||||
26 | to the managed care plan whether the provider is accepting new |
| |||||||
| |||||||
1 | patients at each of the specific locations listing the | ||||||
2 | provider. The health plan shall remove the provider from the | ||||||
3 | directory in accordance with standard practices within 10 | ||||||
4 | business days after being notified of the changes by the | ||||||
5 | provider. Nothing in this paragraph shall void any contractual | ||||||
6 | relationship between the provider and the plan. | ||||||
7 | It is unlawful for any dentist licensed under this Act to | ||||||
8 | do any of the following: | ||||||
9 | (1) Use claims of superior quality of care to entice | ||||||
10 | the public. | ||||||
11 | (2) Advertise in any way to practice dentistry without | ||||||
12 | causing pain. | ||||||
13 | (3) Pay a fee to any dental referral service or other | ||||||
14 | third party who advertises a dental referral service, | ||||||
15 | unless all advertising of the dental referral service | ||||||
16 | makes it clear that dentists are paying a fee for that | ||||||
17 | referral service. | ||||||
18 | (4) Advertise or offer gifts as an inducement to | ||||||
19 | secure dental patronage. Dentists may advertise or offer | ||||||
20 | free examinations or free dental services; it shall be | ||||||
21 | unlawful, however, for any dentist to charge a fee to any | ||||||
22 | new patient for any dental service provided at the time | ||||||
23 | that such free examination or free dental services are | ||||||
24 | provided. | ||||||
25 | (5) Use the term "sedation dentistry" or similar terms | ||||||
26 | in advertising unless the advertising dentist holds a |
| |||||||
| |||||||
1 | valid and current permit issued by the Department to | ||||||
2 | administer either general anesthesia, deep sedation, or | ||||||
3 | moderate sedation as required under Section 8.1 of this | ||||||
4 | Act. | ||||||
5 | This Act does not authorize the advertising of dental | ||||||
6 | services when the offeror of such services is not a dentist. | ||||||
7 | Nor shall the dentist use statements which contain false, | ||||||
8 | fraudulent, deceptive or misleading material or guarantees of | ||||||
9 | success, statements which play upon the vanity or fears of the | ||||||
10 | public, or statements which promote or produce unfair | ||||||
11 | competition. | ||||||
12 | A dentist shall be required to keep a copy of all | ||||||
13 | advertisements for a period of 3 years. All advertisements in | ||||||
14 | the dentist's possession shall indicate the accurate date and | ||||||
15 | place of publication. | ||||||
16 | The Department shall adopt rules to carry out the intent | ||||||
17 | of this Section. | ||||||
18 | (Source: P.A. 103-628, eff. 7-1-24.) | ||||||
19 | (225 ILCS 25/45.5) | ||||||
20 | Sec. 45.5. Third-party financing for dental services. | ||||||
21 | (a) As used in this Section: | ||||||
22 | "Agent of a dentist" means a person or company that is | ||||||
23 | permitted, authorized, or contracted to act on behalf of or | ||||||
24 | with a dentist or dental office. | ||||||
25 | "Arrange for, broker, or establish" means submitting an |
| |||||||
| |||||||
1 | application to a third-party creditor, lender, or creditor's | ||||||
2 | intermediary for approval or rejection on behalf of a patient. | ||||||
3 | Submitting an application to a third-party creditor, lender, | ||||||
4 | or creditor's intermediary for approval or rejection includes | ||||||
5 | patient or a patient's guardian's use of a third-party | ||||||
6 | creditor's, lender's, or a creditor's intermediary's | ||||||
7 | patient-facing software, weblink, URL, or QR code that is | ||||||
8 | customized for with the branding of the dental practice. | ||||||
9 | "Arrange for, broker, or establish" does not mean the use of | ||||||
10 | third-party marketing or advertising materials that are not | ||||||
11 | customized for the dental practice. | ||||||
12 | "Financing extended by a third party" includes, but is not | ||||||
13 | limited to, an open end credit plan as defined under the | ||||||
14 | federal Truth-in-Lending Act (15 U.S.C. 1602), a line of | ||||||
15 | credit, or a loan offered or extended by a third party. | ||||||
16 | (b) A dentist, employee of a dentist, or agent of a dentist | ||||||
17 | may not arrange for, broker, or establish financing extended | ||||||
18 | by a third party for a patient. | ||||||
19 | (c) A dentist, employee of a dentist, or agent of a dentist | ||||||
20 | may not complete for a patient or patient's guardian any | ||||||
21 | portion of an application for financing extended by a third | ||||||
22 | party. A dentist, employee of a dentist, or agent of a dentist | ||||||
23 | may not provide the patient or patient's guardian with an | ||||||
24 | electronic device to apply for financing extended by a third | ||||||
25 | party. | ||||||
26 | (d) A dentist, employee of a dentist, or agent of a dentist |
| |||||||
| |||||||
1 | may not promote, advertise, or provide marketing or | ||||||
2 | application materials for financing extended by a third party | ||||||
3 | to a patient who: | ||||||
4 | (1) has been administered or is under the influence of | ||||||
5 | general anesthesia, conscious sedation, moderate sedation, | ||||||
6 | nitrous oxide; | ||||||
7 | (2) is being administered treatment; or | ||||||
8 | (3) is in a treatment area, including, but not limited | ||||||
9 | to, an exam room, surgical room, or other area when | ||||||
10 | medical treatment is administered, unless an area | ||||||
11 | separated from the treatment area does not exist. | ||||||
12 | (e) A dentist, employee of a dentist, or agent of a dentist | ||||||
13 | must provide the following written notice to a patient or | ||||||
14 | patient's guardian in at least 14-point font when discussing | ||||||
15 | (except to state accepted forms of payment) or providing | ||||||
16 | applications for financing extended by a third party: | ||||||
17 | "DENTAL SERVICES THIRD-PARTY FINANCING DISCLOSURE | ||||||
18 | This is an application for a CREDIT CARD, LINE OF CREDIT, | ||||||
19 | OR LOAN to help you finance or pay for your dental treatment. | ||||||
20 | This credit card, line of credit, or loan IS NOT A PAYMENT PLAN | ||||||
21 | WITH THE DENTIST'S OFFICE. It is a credit card, line of credit, | ||||||
22 | or loan from a third-party financing company. Your dentist | ||||||
23 | does not work for this company. Your dentist may not complete | ||||||
24 | or submit an application for third-party financing on your | ||||||
25 | behalf. | ||||||
26 | You do not have to apply for a credit card, line of credit, |
| |||||||
| |||||||
1 | or loan. You may pay your dentist for treatment in another | ||||||
2 | manner. Your dentist's office may offer its own payment plan. | ||||||
3 | You are encouraged to explore any public or private insurance | ||||||
4 | options that may cover your dental treatment. | ||||||
5 | The lender or creditor may offer a "promotional period" to | ||||||
6 | pay back the credit or loan without interest. After any | ||||||
7 | promotional period ends, you may be charged interest on | ||||||
8 | portions of the balance that have already been paid. If you | ||||||
9 | miss a payment or do not pay on time, you may have to pay a | ||||||
10 | penalty and a higher interest rate. If you do not pay the money | ||||||
11 | that you owe the creditor or lender, then your missed payments | ||||||
12 | can appear on your credit report and could hurt your credit | ||||||
13 | score. You could also be sued by the creditor or lender. | ||||||
14 | If your dentist's office has completed or submitted an | ||||||
15 | application for third-party financing on your behalf, you may | ||||||
16 | file a complaint by contacting the Illinois Department of | ||||||
17 | Financial and Professional Regulation at [Department website] | ||||||
18 | or by calling [telephone number for Department]." | ||||||
19 | The Department shall make the disclosure required under | ||||||
20 | this subsection available on the Department's website in | ||||||
21 | English and any other languages deemed necessary by the | ||||||
22 | Department. | ||||||
23 | (f) The Department may adopt rules to implement this | ||||||
24 | Section. | ||||||
25 | (g) A violation of this Section is punishable by a fine of | ||||||
26 | up to $500 for the first violation and a fine of up to $1,000 |
| |||||||
| |||||||
1 | for each subsequent violation. However, the Department may | ||||||
2 | take other disciplinary action if the licensee's conduct also | ||||||
3 | violates Section 23. | ||||||
4 | (Source: P.A. 103-733, eff. 1-1-25 .) | ||||||
5 | (225 ILCS 25/48) (from Ch. 111, par. 2348) | ||||||
6 | (Section scheduled to be repealed on January 1, 2026) | ||||||
7 | Sec. 48. Manufacture of dentures, bridges or replacements | ||||||
8 | for dentists; prescriptions; order; penalties. | ||||||
9 | (a) Any dentist who employs or engages the services of any | ||||||
10 | dental laboratory to construct or repair, extraorally, | ||||||
11 | prosthetic dentures, bridges, or other replacements for a part | ||||||
12 | of a tooth, a tooth, or teeth, or who directs a dental | ||||||
13 | laboratory to participate in shade selection for a prosthetic | ||||||
14 | appliance, shall furnish such dental laboratory with a written | ||||||
15 | prescription on forms prescribed by the Department which shall | ||||||
16 | contain: | ||||||
17 | (1) The name and address of the dental laboratory to | ||||||
18 | which the prescription is directed. | ||||||
19 | (2) The patient's name or identification number. If a | ||||||
20 | number is used, the patient's name shall be written upon | ||||||
21 | the duplicate copy of the prescription retained by the | ||||||
22 | dentist. | ||||||
23 | (3) The date on which the prescription was written. | ||||||
24 | (4) A description of the work to be done, including | ||||||
25 | diagrams if necessary. |
| |||||||
| |||||||
1 | (5) A specification of the type and quality of | ||||||
2 | materials to be used. | ||||||
3 | (6) The signature of the dentist and the number of the | ||||||
4 | dentist's his or her license to practice dentistry. | ||||||
5 | (b) The dental laboratory receiving a prescription from a | ||||||
6 | dentist shall retain the original prescription and the dentist | ||||||
7 | shall retain a duplicate copy thereof for inspection at any | ||||||
8 | reasonable time by the Department or its duly authorized | ||||||
9 | agents, for a period of 3 years in both cases. | ||||||
10 | (c) If the dental laboratory receiving a written | ||||||
11 | prescription from a dentist engages another dental laboratory | ||||||
12 | (hereinafter referred to as "subcontractor") to perform some | ||||||
13 | of the services relative to such prescription, it shall | ||||||
14 | furnish a written order with respect thereto on forms | ||||||
15 | prescribed by the Department which shall contain: | ||||||
16 | (1) The name and address of the subcontractor. | ||||||
17 | (2) A number identifying the order with the original | ||||||
18 | prescription, which number shall be endorsed on the | ||||||
19 | prescription received from the dentist. | ||||||
20 | (3) The date on which the order was written. | ||||||
21 | (4) A description of the work to be done by the | ||||||
22 | subcontractor, including diagrams if necessary. | ||||||
23 | (5) A specification of the type and quality of | ||||||
24 | materials to be used. | ||||||
25 | (6) The signature of an agent of the dental laboratory | ||||||
26 | issuing the order. The subcontractor shall retain the |
| |||||||
| |||||||
1 | order and the issuer thereof shall retain a duplicate | ||||||
2 | copy, attached to the prescription received from the | ||||||
3 | dentist, for inspection by the Department or its duly | ||||||
4 | authorized agents, for a period of 3 years in both cases. | ||||||
5 | (7) A copy of the order to the subcontractor shall be | ||||||
6 | furnished to the dentist. | ||||||
7 | (c-5) Regardless of whether the dental laboratory | ||||||
8 | manufactures the dental appliance or has it manufactured by a | ||||||
9 | subcontractor, the laboratory shall provide to the prescribing | ||||||
10 | dentist the (i) location where the work was done and (ii) | ||||||
11 | source and original location where the materials were | ||||||
12 | obtained. | ||||||
13 | (d) Any dentist who: | ||||||
14 | (1) employs or engages the services of any dental | ||||||
15 | laboratory to construct or repair, extraorally, prosthetic | ||||||
16 | dentures, bridges, or other dental appliances without | ||||||
17 | first providing such dental laboratory with a written | ||||||
18 | prescription; | ||||||
19 | (2) fails to retain a duplicate copy of the | ||||||
20 | prescription for 3 years; or | ||||||
21 | (3) refuses to allow the Department or its duly | ||||||
22 | authorized agents to inspect the dentist's his or her | ||||||
23 | files of prescriptions; | ||||||
24 | is guilty of a Class A misdemeanor and the Department may | ||||||
25 | revoke or suspend the dentist's his or her license therefor. | ||||||
26 | (e) Any dental laboratory which: |
| |||||||
| |||||||
1 | (1) furnishes such services to any dentist without | ||||||
2 | first obtaining a written prescription therefor from such | ||||||
3 | dentist; | ||||||
4 | (2) acting as a subcontractor as described in (c) | ||||||
5 | above, furnishes such services to any dental laboratory | ||||||
6 | without first obtaining a written order from such dental | ||||||
7 | laboratory; | ||||||
8 | (3) fails to retain the original prescription or | ||||||
9 | order, as the case may be, for 3 years; | ||||||
10 | (4) refuses to allow the Department or its duly | ||||||
11 | authorized agents to inspect its files of prescriptions or | ||||||
12 | orders; or | ||||||
13 | (5) fails to provide any information required under | ||||||
14 | this Section to the prescribing dentist; | ||||||
15 | is guilty of a Class A misdemeanor. | ||||||
16 | (Source: P.A. 94-1014, eff. 7-7-06 .) | ||||||
17 | (225 ILCS 25/49) (from Ch. 111, par. 2349) | ||||||
18 | (Section scheduled to be repealed on January 1, 2026) | ||||||
19 | Sec. 49. Identification of dentures. | ||||||
20 | (a) Every complete upper and lower denture and removable | ||||||
21 | dental prosthesis fabricated by a dentist, or fabricated | ||||||
22 | pursuant to a dentist's his or her prescription, shall be | ||||||
23 | marked with the name of the patient for whom the prosthesis is | ||||||
24 | intended. The markings shall be done during fabrication and | ||||||
25 | shall be permanent, legible and cosmetically acceptable. The |
| |||||||
| |||||||
1 | exact location of the markings and the methods used to apply or | ||||||
2 | implant them shall be determined by the dentist or dental | ||||||
3 | laboratory fabricating the prosthesis. If in the professional | ||||||
4 | judgment of the dentist, this full identification is not | ||||||
5 | possible, the name may be omitted. | ||||||
6 | (b) Any removable dental prosthesis in existence which was | ||||||
7 | not marked in accordance with paragraph (a) of this Section at | ||||||
8 | the time of fabrication, shall be so marked at the time of any | ||||||
9 | subsequent rebasing or duplication. | ||||||
10 | (Source: P.A. 96-617, eff. 8-24-09 .) | ||||||
11 | (225 ILCS 25/54) (from Ch. 111, par. 2354) | ||||||
12 | (Section scheduled to be repealed on January 1, 2026) | ||||||
13 | Sec. 54. Exemption from civil liability for Peer Review | ||||||
14 | Committees. While serving upon any Peer Review Committee, any | ||||||
15 | dentist shall not be liable for civil damages as a result of | ||||||
16 | the dentist's his or her decisions, findings or | ||||||
17 | recommendations in connection with the dentist's his or her | ||||||
18 | duties on such committee, except decisions, findings or | ||||||
19 | recommendations involving the dentist's willful his or her | ||||||
20 | wilful or wanton misconduct. Furthermore, any professional | ||||||
21 | organization, association or society of dentists, or component | ||||||
22 | thereof, which sponsors, sanctions or otherwise operates or | ||||||
23 | participates in peer review activities is hereby afforded the | ||||||
24 | same privileges and immunities afforded to any member of the | ||||||
25 | peer review committee. |
| |||||||
| |||||||
1 | (Source: P.A. 85-946 .) | ||||||
2 | (225 ILCS 25/54.2) | ||||||
3 | (Section scheduled to be repealed on January 1, 2026) | ||||||
4 | Sec. 54.2. Dental responders. A dentist or dental | ||||||
5 | hygienist who is a dental responder is deemed to be acting | ||||||
6 | within the bounds of the dentist or dental hygienist's his or | ||||||
7 | her license when providing disaster, immunizations, mobile, | ||||||
8 | and humanitarian care during a declared local, State, or | ||||||
9 | national emergency. | ||||||
10 | (Source: P.A. 99-25, eff. 1-1-16 .) | ||||||
11 | (225 ILCS 25/54.3) | ||||||
12 | (Section scheduled to be repealed on January 1, 2026) | ||||||
13 | Sec. 54.3. Vaccinations. | ||||||
14 | (a) Notwithstanding Section 54.2 of this Act, a dentist | ||||||
15 | may administer vaccinations upon completion of appropriate | ||||||
16 | training set forth by rule and approved by the Department on | ||||||
17 | appropriate vaccine storage, proper administration, and | ||||||
18 | addressing contraindications and adverse reactions. | ||||||
19 | Vaccinations shall be limited to patients 18 years of age and | ||||||
20 | older pursuant to a valid prescription or standing order by a | ||||||
21 | physician licensed to practice medicine in all its branches | ||||||
22 | who, in the course of professional practice, administers | ||||||
23 | vaccines to patients. Methods of communication shall be | ||||||
24 | established for consultation with the physician in person or |
| |||||||
| |||||||
1 | by telecommunications. | ||||||
2 | (b) Vaccinations administered by a dentist shall be | ||||||
3 | limited to influenza (inactivated influenza vaccine and live | ||||||
4 | attenuated influenza intranasal vaccine). Vaccines shall only | ||||||
5 | be administered by the dentist and shall not be delegated to an | ||||||
6 | assistant or any other person. Vaccination of a patient by a | ||||||
7 | dentist shall be documented in the patient's dental record and | ||||||
8 | the record shall be retained in accordance with current dental | ||||||
9 | recordkeeping standards. The dentist shall notify the | ||||||
10 | patient's primary care physician of each dose of vaccine | ||||||
11 | administered to the patient and shall enter all patient level | ||||||
12 | data or update the patient's current record. The dentist may | ||||||
13 | provide this notice to the patient's physician electronically. | ||||||
14 | In addition, the dentist shall enter all patient level data on | ||||||
15 | vaccines administered in the immunization data registry | ||||||
16 | maintained by the Department of Public Health. | ||||||
17 | (c) A dentist shall only provide vaccinations under this | ||||||
18 | Section if contracted with and credentialed by the patient's | ||||||
19 | health insurance, health maintenance organization, or other | ||||||
20 | health plan to specifically provide the vaccinations allowed | ||||||
21 | under this Section. Persons enrolled in Medicare or Medicaid | ||||||
22 | may only receive the vaccinations allowed for under this | ||||||
23 | Section from dentists who are authorized to do so by the | ||||||
24 | federal Centers for Medicare and Medicaid Services or the | ||||||
25 | Department of Healthcare and Family Services. | ||||||
26 | (d) The Department shall adopt any rules necessary to |
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | implement this Section. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (e) This Section is repealed on January 1, 2026. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 101-162, eff. 7-26-19.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (225 ILCS 25/55) (from Ch. 111, par. 2355) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (Section scheduled to be repealed on January 1, 2026) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Sec. 55. Administrative Procedure Act. The Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Administrative Procedure Act is hereby expressly adopted and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | incorporated herein as if all of the provisions of that Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | were included in this Act, except that the provision of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Procedure Act that provides that at hearings the dentist or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | dental hygienist has the right to show compliance with all | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | lawful requirements for retention, continuation or renewal of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | the license is specifically excluded. For the purposes of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Act the notice required under Section 10-25 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Administrative Procedure Act is deemed sufficient when mailed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | or emailed to the last known address or email address of a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | party. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 7-7-95 .) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Section 99. Effective date. This Section and Section 5 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | take effect upon becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||