104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1805

 

Introduced 1/28/2025, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Changes the repeal date of the Illinois Dental Practice Act from January 1, 2026 to January 1, 2031. Amends the Illinois Dental Practice Act. Adds a definition for "email address of record". Provides that all applicants and licensees shall provide a valid address and email address to the Department upon application for licensure or renewal of a license and inform the Department of any change in the applicant or licensee's address of record or email address of record within 14 days after such change. Adds Individual Taxpayer Identification Number to provisions concerning information that an applicant must include in an application to the Department. Adds concealment in the application for a license under the Act to causes that allow the Department to take action on a license. Provides that the Department may subpoena the dental records of individual patients of dentists and dental hygienists under the Act, upon a determination that reasonable cause exists, without patient consent. Removes provision that states that exhibits in a judicial review proceeding shall be certified without cost. Adds a definition of "agent of a dentist" to provisions concerning third-party financing for dental services. Makes conforming and other changes. Provides that the changes to the Regulatory Sunset Act are effective immediately.


LRB104 07526 AAS 17570 b

 

 

A BILL FOR

 

HB1805LRB104 07526 AAS 17570 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2026.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
8Acts are repealed on January 1, 2026:
9    The Barber, Cosmetology, Esthetics, Hair Braiding, and
10Nail 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;
2099-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2199-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2212-31-15; 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
3Act is repealed on January 1, 2031:
4    The Illinois Dental Practice Act.
 
5    Section 10. The Illinois Dental Practice Act is amended by
6changing Sections 2, 4, 6, 8.05, 11, 13, 14, 16, 17, 18, 18.1,
719, 19.2, 20, 22, 23, 23a, 23b, 24, 25, 25.1, 26, 29, 30, 32,
834, 38.2, 40, 45, 45.5, 48, 49, 54, 54.2, 54.3, and 55 and by
9adding 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
13practice of dentistry in the State of Illinois is hereby
14declared to affect the public health, safety and welfare and
15to be subject to regulation and control in the public
16interest. It is further declared to be a matter of public
17interest and concern that the dental profession merit and
18receive the confidence of the public and that only qualified
19persons be permitted to practice dentistry in the State of
20Illinois. Despite the authority granted under this Act
21allowing dentists to delegate the performance of certain
22procedures to dental hygienists and dental assistants, nothing
23contained in this Act shall be construed in any way to relieve
24the supervising dentist from ultimate responsibility for the

 

 

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1care of the his or her patient. This Act shall be liberally
2construed to carry out these objects and purposes.
3    It is further declared to be the public policy of this
4State, pursuant to subsections (h) and (i) of Section 6 of
5Article VII of the Illinois Constitution of 1970, that any
6power or function set forth in this Act to be exercised by the
7State is an exclusive State power or function. Such power or
8function shall not be exercised concurrently, either directly
9or indirectly, by any unit of local government, including home
10rule 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
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit. It is the duty of the applicant or
19licensee to inform the Department of any change of address and
20those changes must be made either through the Department's
21website or by contacting the Department.
22    "Email address of record" means the designated email
23address recorded by the Department in the applicant's
24application file or the licensee's license file, as maintained
25by the Department's licensure maintenance unit.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Board" means the Board of Dentistry.
6    "Dentist" means a person who has received a general
7license pursuant to subsection paragraph (a) of Section 11 of
8this Act and who may perform any intraoral and extraoral
9procedure required in the practice of dentistry and to whom is
10reserved the responsibilities specified in Section 17.
11    "Dental hygienist" means a person who holds a license
12under this Act to perform dental services as authorized by
13Section 18.
14    "Dental assistant" means an appropriately trained person
15who, under the supervision of a dentist, provides dental
16services as authorized by Section 17.
17    "Expanded function dental assistant" means a dental
18assistant who has completed the training required by Section
1917.1 of this Act.
20    "Dental laboratory" means a person, firm, or corporation
21which:
22        (i) engages in making, providing, repairing, or
23    altering dental prosthetic appliances and other artificial
24    materials and devices which are returned to a dentist for
25    insertion into the human oral cavity or which come in
26    contact with its adjacent structures and tissues; and

 

 

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

 

 

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1the examination, diagnosis, treatment planning, and care of
2conditions within the human oral cavity and its adjacent
3tissues and structures, as further specified in Section 17.
4    "Branches of dentistry" means the various specialties of
5dentistry which, for purposes of this Act, shall be limited to
6the following: endodontics, oral and maxillofacial surgery,
7orthodontics and dentofacial orthopedics, pediatric dentistry,
8periodontics, prosthodontics, oral and maxillofacial
9radiology, and dental anesthesiology.
10    "Specialist" means a dentist who has received a specialty
11license pursuant to subsection (b) of Section 11 11(b).
12    "Dental technician" means a person who owns, operates, or
13is employed by a dental laboratory and engages in making,
14providing, repairing, or altering dental prosthetic appliances
15and other artificial materials and devices which are returned
16to a dentist for insertion into the human oral cavity or which
17come in contact with its adjacent structures and tissues.
18    "Informed consent" means legally valid consent that is
19given by a patient or legal guardian, that is recorded in
20writing or digitally, that authorizes intervention or
21treatment services from the treating dentist, and that
22documents agreement to participate in those services and
23knowledge of the risks, benefits, and alternatives, including
24the decision to withdraw from or decline treatment.
25    "Impaired dentist" or "impaired dental hygienist" means a
26dentist or dental hygienist who is unable to practice with

 

 

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1reasonable skill and safety because of a physical or mental
2disability as evidenced by a written determination or written
3consent based on clinical evidence, including deterioration
4through the aging process, loss of motor skills, abuse of
5drugs or alcohol, or a psychiatric disorder, of sufficient
6degree to diminish the person's ability to deliver competent
7patient care.
8    "Nurse" means a registered professional nurse, a certified
9registered nurse anesthetist licensed as an advanced practice
10registered nurse, or a licensed practical nurse licensed under
11the Nurse Practice Act.
12    "Patient of record", except as provided in Section 17.2,
13means a patient for whom the patient's most recent dentist has
14obtained a relevant medical and dental history and on whom the
15dentist has performed a physical examination within the last
16year and evaluated the condition to be treated, including a
17review of the patient's most recent x-rays.
18    "Dental responder" means a dentist or dental hygienist who
19is appropriately certified in disaster preparedness,
20immunizations, and dental humanitarian medical response
21consistent with the Society of Disaster Medicine and Public
22Health and training certified by the National Incident
23Management System or the National Disaster Life Support
24Foundation.
25    "Mobile dental van or portable dental unit" means any
26self-contained or portable dental unit in which dentistry is

 

 

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1practiced that can be moved, towed, or transported from one
2location to another in order to establish a location where
3dental services can be provided.
4    "Public health dental hygienist" means a hygienist who
5holds a valid license to practice in the State, has 2 years of
6full-time clinical experience or an equivalent of 4,000 hours
7of clinical experience, and has completed at least 42 clock
8hours of additional structured courses in dental education in
9advanced areas specific to public health dentistry.
10    "Public health setting" means a federally qualified health
11center; a federal, State, or local public health facility;
12Head Start; a special supplemental nutrition program for
13Women, Infants, and Children (WIC) facility; a certified
14school-based health center or school-based oral health
15program; a prison; or a long-term care facility.
16    "Public health supervision" means the supervision of a
17public health dental hygienist by a licensed dentist who has a
18written public health supervision agreement with that public
19health dental hygienist while working in an approved facility
20or program that allows the public health dental hygienist to
21treat patients, without a dentist first examining the patient
22and being present in the facility during treatment, (1) who
23are eligible for Medicaid or (2) who are uninsured or whose
24household income is not greater than 300% of the federal
25poverty level.
26    "Teledentistry" means the use of telehealth systems and

 

 

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1methodologies in dentistry and includes patient diagnosis,
2treatment planning, care, and education delivery for a patient
3of record using synchronous and asynchronous communications
4under an Illinois licensed dentist's authority as provided
5under this Act.
6    "Moderate sedation" means a drug-induced depression of
7consciousness during which: (1) patients respond purposefully
8to verbal commands, either alone or accompanied by light
9tactile stimulation; (2) no interventions are required to
10maintain a patient's airway and spontaneous ventilation is
11adequate; and (3) cardiovascular function is usually
12maintained.
13    "Deep sedation" means a drug-induced depression of
14consciousness during which: (1) patients cannot be easily
15aroused, but respond purposefully following repeated or
16painful stimulation; (2) the ability to independently maintain
17ventilatory function may be impaired; (3) patients may require
18assistance in maintaining airways and spontaneous ventilation
19may be inadequate; and (4) cardiovascular function is usually
20maintained.
21    "General anesthesia" means a drug-induced loss of
22consciousness during which: (1) patients are not arousable,
23even by painful stimulation; (2) the ability to independently
24maintain ventilatory function is often impaired; (3) patients
25often require assistance in maintaining airways and positive
26pressure ventilation may be required because of depressed

 

 

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1spontaneous ventilation or drug-induced depression of
2neuromuscular function; and (4) cardiovascular function may be
3impaired.
4    "Venipuncture" means the puncture of a vein as part of a
5medical procedure, typically to withdraw a blood sample or for
6an intravenous catheter for the administration of medication
7or fluids.
8    "Enteral route of administration" means administration of
9a drug that is absorbed through the gastrointestinal tract or
10through oral, rectal, or sublingual mucosa.
11    "Parenteral route of administration" means administration
12of a drug by which the drug bypasses the gastrointestinal
13tract through intramuscular, intravenous, intranasal,
14submucosal, subcutaneous, or intraosseous methods.
15(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
16102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
171-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902,
18eff. 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
21applicants and licensees shall:
22    (1) provide a valid address and email address to the
23Department, which shall serve as the address of record and
24email address of record, respectively, upon application for
25licensure or renewal of a license; and

 

 

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1    (2) inform the Department of any change in the applicant
2or licensee's address of record or email address of record
3within 14 days after such change, either through the
4Department's website or by contacting the Department's
5licensure 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
9majority required. There is created a Board of Dentistry, to
10be composed of persons designated from time to time by the
11Secretary, as follows:
12    Eleven persons, 8 of whom have been dentists for a period
13of 5 years or more; 2 of whom have been dental hygienists for a
14period of 5 years or more, and one public member. None of the
15members shall be an officer, dean, assistant dean, or
16associate dean of a dental college or dental department of an
17institute of learning, nor shall any member be the program
18director of any dental hygiene program. A board member who
19holds a faculty position in a dental school or dental hygiene
20program shall not participate in the examination of applicants
21for licenses from that school or program. The dental
22hygienists shall not participate in the examination of
23applicants for licenses to practice dentistry. The public
24member shall not participate in the examination of applicants
25for licenses to practice dentistry or dental hygiene. The

 

 

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1board shall annually elect a chairman and vice-chairman who
2shall be dentists.
3    Terms for all members shall be for 4 years. Partial terms
4over 2 years in length shall be considered as full terms. A
5member may be reappointed for a successive term, but no member
6shall serve more than 2 full terms in the member's his or her
7lifetime.
8    The membership of the Board shall include only residents
9from various geographic areas of this State and shall include
10at least some graduates from various institutions of dental
11education in this State.
12    In making appointments to the Board the Secretary shall
13give due consideration to recommendations by organizations of
14the dental profession in Illinois, including the Illinois
15State Dental Society and Illinois Dental Hygienists
16Association, and shall promptly give due notice to such
17organizations of any vacancy in the membership of the Board.
18The Secretary may terminate the appointment of any member for
19cause which in the opinion of the Secretary reasonably
20justifies such termination.
21    A vacancy in the membership of the Board shall not impair
22the right of a quorum to exercise all the rights and perform
23all the duties of the Board. Any action to be taken by the
24Board under this Act may be authorized by resolution at any
25regular or special meeting, and each such resolution shall
26take effect immediately. The Board shall meet at least

 

 

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1quarterly.
2    The members of the Board shall each receive as
3compensation a reasonable sum as determined by the Secretary
4for each day actually engaged in the duties of the office, and
5all legitimate and necessary expense incurred in attending the
6meetings of the Board.
7    Members of the Board shall be immune from suit in any
8action based upon any disciplinary proceedings or other
9activities 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
14Identification Number on license application. In addition to
15any other information required to be contained in the
16application, every application for an original license under
17this Act shall include the applicant's Social Security Number
18or Individual Taxpayer Identification Number, which shall be
19retained in the agency's records pertaining to the license. As
20soon as practical, the Department shall assign a customer's
21identification number to each applicant for a license.
22    Every application for a renewal or restored license shall
23require 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
4have the authority to issue the following types of licenses,
5to excuse the payment of fees for inactive status, to deliver
6certificates of identification, and to extend pre-license
7practice allowances as follows:
8    (a) General licenses. The Department shall issue a license
9authorizing practice as a dentist to any person who qualifies
10for a license under this Act.
11    (b) Specialty licenses. The Department shall issue a
12license authorizing practice as a specialist in any particular
13branch of dentistry to any dentist who has complied with the
14requirements established for that particular branch of
15dentistry at the time of making application. The Department
16shall establish additional requirements of any dentist who
17announces or holds himself or herself out to the public as a
18specialist or as being specially qualified in any particular
19branch of dentistry.
20    No dentist shall announce or hold himself or herself out
21to the public as a specialist or as being specially qualified
22in any particular branch of dentistry unless the dentist he or
23she is licensed to practice in that specialty of dentistry.
24    The fact that any dentist shall announce by card,
25letterhead, or any other form of communication using terms as
26"Specialist", "Practice Limited To", or "Limited to Specialty

 

 

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1of" with the name of the branch of dentistry practiced as a
2specialty, or shall use equivalent words or phrases to
3announce the same, shall be prima facie evidence that the
4dentist is holding himself or herself out to the public as a
5specialist.
6    (c) Temporary training licenses. Persons who wish to
7pursue specialty or other advanced clinical educational
8programs in an approved dental school or a hospital situated
9in this State, or persons who wish to pursue programs of
10specialty training in dental public health in public agencies
11in this State, may receive without examination, in the
12discretion of the Department, a temporary training license. In
13order to receive a temporary training license under this
14subsection, an applicant shall furnish satisfactory proof to
15the 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
16shall be valid only for the duration of the period of residency
17or specialty training and may be extended or renewed as
18prescribed by rule. The holder of a valid temporary training
19license shall be entitled thereby to perform acts as may be
20prescribed by and incidental to the holder's his or her
21program of residency or specialty training; but the holder he
22or she shall not be entitled to engage in the practice of
23dentistry in this State.
24    A temporary training license may be revoked by the
25Department upon proof that the holder has engaged in the
26practice of dentistry in this State outside of the holder's

 

 

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1his or her program of residency or specialty training, or if
2the holder shall fail to supply the Department, within 10 days
3of its request, with information as to the holder's his or her
4current status and activities in the holder's his or her
5specialty training program.
6    (d) Faculty limited licenses. Persons who have received
7full-time appointments to teach dentistry at an approved
8dental school or hospital situated in this State may receive
9without examination, in the discretion of the Department, a
10faculty limited license. In order to receive a faculty limited
11license an applicant shall furnish satisfactory proof to the
12Department 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
20be valid for a period of 3 years and may be extended or
21renewed. The holder of a valid faculty limited license may
22perform acts as may be required by the holder's his or her
23teaching of dentistry. The holder of a faculty limited license
24may practice general dentistry or in the holder's his or her
25area of specialty, but only in a clinic or office affiliated
26with the dental school. The holder of a faculty limited

 

 

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1license may advertise a specialty degree as part of the
2licensee's ability to practice in a faculty practice. Any
3faculty limited license issued to a faculty member under this
4Section shall terminate immediately and automatically, without
5any further action by the Department, if the holder ceases to
6be a faculty member at an approved dental school or hospital in
7this State.
8    The Department may revoke a faculty limited license for a
9violation of this Act or its rules, or if the holder fails to
10supply the Department, within 10 days of its request, with
11information as to the holder's his or her current status and
12activities in the holder's his or her teaching program.
13    (e) Inactive status. Any person who holds one of the
14licenses under subsection (a) or (b) of Section 11 or under
15Section 12 of this Act may elect, upon payment of the required
16fee, to place the his or her license on an inactive status and
17shall, subject to the rules of the Department, be excused from
18the payment of renewal fees until the holder he or she notifies
19the Department in writing of the holder's his or her desire to
20resume active status.
21    Any licensee requesting restoration from inactive status
22shall be required to pay the current renewal fee, and, upon
23payment, the Department shall be required to restore the his
24or her license, as provided in Section 16 of this Act.
25    Any licensee whose license is in an inactive status shall
26not practice in the State of Illinois.

 

 

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1    (f) Certificates of Identification. In addition to the
2licenses authorized by this Section, the Department shall
3deliver to each dentist a certificate of identification in a
4form specified by the Department.
5    (g) Pre-license practice allowance. An applicant for a
6general dental license or a temporary training license has a
7pre-license practice allowance to practice dentistry in a
8Commission on Dental Accreditation accredited specialty or
9residency training program for a period of 3 months from the
10starting date of the program. Upon a request from the
11applicant, the Department may extend, in writing, the
12pre-license practice allowance for the specialty or residency
13training program. An applicant practicing dentistry under this
14subsection may only perform acts as are prescribed by and
15incidental to the applicant's program of residency or
16specialty training. An applicant practicing dentistry under
17this subsection must supply the specialty or residency
18training program a copy of the applicant's general license
19application or temporary training license application along
20with proof of certified mail of sending that application to
21the Department.
22    The applicant's authority to practice under this
23subsection shall terminate immediately upon: (1) the decision
24of the Department that the applicant failed the examination
25for dental licensure; (2) denial of licensure by the
26Department; or (3) withdrawal of the license application.

 

 

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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
5hygienists. Every person who desires to obtain a license as a
6dental hygienist shall apply to the Department in writing,
7upon forms prepared and furnished by the Department. Each
8application shall contain proof of the particular
9qualifications required of the applicant, shall be verified by
10the applicant, under oath, and shall be accompanied by the
11required examination fee.
12    The Department shall require that every applicant for a
13license 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

 

 

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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.

 

 

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1The Department shall conduct or authorize examinations of
2applicants for licensure as dental hygienists at such times
3and places as it may determine.
4    The examination of applicants for licensure as dental
5hygienists may include both practical demonstrations and
6written and oral tests and shall encompass the subjects
7usually taught in programs of dental hygiene, approved by the
8Department.
9    If an applicant fails to pass an examination for licensure
10under this Act within 3 years after filing an his or her
11application, the application shall be denied. The applicant,
12however, may thereafter make a new application for examination
13accompanied by the required fee and provide evidence of
14meeting the requirements in effect at the time of the new
15application.
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.
20The expiration date and renewal date for each license issued
21under this Act shall be set by rule. The renewal period for
22each license issued under this Act shall be 3 years. A dentist
23or dental hygienist may renew a license during the month
24preceding its expiration date by paying the required fee. All
25initial licenses issued during an open renewal period shall

 

 

HB1805- 23 -LRB104 07526 AAS 17570 b

1have the next expiration date. A dentist or dental hygienist
2shall provide proof of current Basic Life Support (BLS)
3certification intended for health care providers at the time
4of renewal as provided by rule. Basic Life Support
5certification training taken as a requirement of this Section
6shall be counted for no more than 4 hours during each licensure
7period towards the continuing education hours under Section
816.1 of this Act. The Department shall provide by rule for
9exemptions from this requirement for a dentist or dental
10hygienist with a physical disability that would preclude the
11dentist or dental hygienist him or her from performing BLS.
12    Any dentist or dental hygienist whose license has expired
13or whose license is on inactive status may have his license
14restored at any time within 5 years after the expiration
15thereof, upon payment of the required fee and a showing of
16proof of compliance with current continuing education
17requirements, as provided by rule.
18    Any person whose license has been expired for more than 5
19years or who has had his license on inactive status for more
20than 5 years may have his license restored by making
21application to the Department and filing proof acceptable to
22the Department of taking continuing education and of his
23fitness to have the license restored, including sworn evidence
24certifying to active practice in another jurisdiction, and by
25paying the required restoration fee. A person practicing on an
26expired license is deemed to be practicing without a license.

 

 

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1However, a holder of a license may renew the license within 90
2days after its expiration by complying with the requirements
3for renewal and payment of an additional fee. A license
4renewal within 90 days after expiration shall be effective
5retroactively to the expiration date.
6    If a person whose license has expired or who has had his
7license on inactive status for more than 5 years has not
8maintained an active practice satisfactory to the department,
9the Department shall determine, by an evaluation process
10established by rule, the person's his or her fitness to resume
11active status and may require the person to complete a period
12of evaluated clinical experience and may require successful
13completion of a practical examination.
14    However, any person whose license expired while the person
15he or she was (i) on active duty with the Armed Forces of the
16United States or called into service or training by the State
17militia or (ii) in training or education under the supervision
18of the United States preliminary to induction into the
19military service, may have the person's his or her license
20renewed, reinstated, or restored without paying any lapsed
21renewal or restoration fee, if within 2 years after
22termination of such service, training, or education other than
23by dishonorable discharge, the person he or she furnishes the
24Department with satisfactory proof that the person he or she
25has been so engaged and that the person's his or her service,
26training, or education has been so terminated.

 

 

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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
5person 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

 

 

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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

 

 

HB1805- 27 -LRB104 07526 AAS 17570 b

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
7to engage in or perform, any of the practices, acts, or
8operations set forth in this Section, shall be prima facie
9evidence that such person is engaged in the practice of
10dentistry.
11    The following practices, acts, and operations, however,
12are 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

 

 

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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

 

 

HB1805- 29 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 30 -LRB104 07526 AAS 17570 b

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.

 

 

HB1805- 31 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 32 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 33 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 34 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 35 -LRB104 07526 AAS 17570 b

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;
24103-425, eff. 1-1-24; 103-431, eff. 1-1-24; 103-605, eff.
257-1-24; 103-628, eff. 7-1-24.)
 

 

 

HB1805- 36 -LRB104 07526 AAS 17570 b

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;
4limitations.
5    (a) A person practices dental hygiene within the meaning
6of this Act when the person he or she performs the following
7acts 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

 

 

HB1805- 37 -LRB104 07526 AAS 17570 b

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
13dental hygienist may perform, under general supervision, those
14procedures found in items (i) through (iv) of subsection (a)
15of this Section, provided the patient has been examined by the
16dentist within one year of the provision of dental hygiene
17services, the dentist has approved the dental hygiene services
18by a notation in the patient's record and the patient has been
19notified that the dentist may be out of the office during the
20provision of dental hygiene services.
21    (d) If a patient of record is unable to travel to a dental
22office because of illness, infirmity, or imprisonment, a
23dental hygienist may perform, under the general supervision of
24a dentist, those procedures found in items (i) through (iv) of
25subsection (a) of this Section, provided the patient is
26located in a long-term care facility licensed by the State of

 

 

HB1805- 38 -LRB104 07526 AAS 17570 b

1Illinois, a mental health or developmental disability
2facility, or a State or federal prison. The dentist shall
3either personally examine and diagnose the patient or utilize
4approved teledentistry communication methods and determine
5which services are necessary to be performed, which shall be
6contained in an order to the hygienist and a notation in the
7patient's record. Such order must be implemented within 45
8days of its issuance, and an updated medical history and
9observation of oral conditions must be performed by the
10hygienist immediately prior to beginning the procedures to
11ensure that the patient's health has not changed in any manner
12to warrant a reexamination by the dentist.
13    (e) School-based oral health care, consisting of and
14limited to oral prophylactic procedures, sealants, and
15fluoride treatments, may be provided by a dental hygienist
16under the general supervision of a dentist. A dental hygienist
17may not provide other dental hygiene treatment in a
18school-based setting, including but not limited to
19administration or monitoring of nitrous oxide or
20administration of local anesthetics. The school-based
21procedures may be performed provided the patient is located at
22a public or private school and the program is being conducted
23by a State, county or local public health department
24initiative or in conjunction with a dental school or dental
25hygiene program. The dentist shall personally examine and
26diagnose the patient and determine which services are

 

 

HB1805- 39 -LRB104 07526 AAS 17570 b

1necessary to be performed, which shall be contained in an
2order to the hygienist and a notation in the patient's record.
3Any such order for sealants must be implemented within 120
4days after its issuance. Any such order for oral prophylactic
5procedures or fluoride treatments must be implemented within
6180 days after its issuance. An updated medical history and
7observation of oral conditions must be performed by the
8hygienist immediately prior to beginning the procedures to
9ensure that the patient's health has not changed in any manner
10to warrant a reexamination by the dentist.
11    (f) Without the supervision of a dentist, a dental
12hygienist may perform dental health education functions,
13including instruction in proper oral health care and dental
14hygiene in, for example, a school setting, a long-term care
15facility, and a health fair. In addition, a dental hygienist
16may record case histories and oral conditions observed at any
17time prior to a clinical exam by a dentist.
18    (g) The number of dental hygienists practicing in a dental
19office shall not exceed, at any one time, 4 times the number of
20dentists practicing in the office at the time.
21    (h) A dental hygienist who is certified as a public health
22dental hygienist may provide services to patients: (1) who are
23eligible for Medicaid or (2) who are uninsured and whose
24household income is not greater than 300% of the federal
25poverty level. A public health dental hygienist may perform
26oral assessments, perform screenings, and provide educational

 

 

HB1805- 40 -LRB104 07526 AAS 17570 b

1and preventative services as provided in subsection (b) of
2Section 18.1 of this Act. The public health dental hygienist
3may not administer local anesthesia or nitrous oxide, or
4place, carve, or finish amalgam restorations or provide
5periodontal therapy under this exception. Each patient must
6sign a consent form that acknowledges that the care received
7does not take the place of a regular dental examination. The
8public health dental hygienist must provide the patient or
9guardian a written referral to a dentist for assessment of the
10need for further dental care at the time of treatment. Any
11indication or observation of a condition that could warrant
12the need for urgent attention must be reported immediately to
13the supervising dentist for appropriate assessment and
14treatment.
15    This subsection (h) is inoperative on and after January 1,
162026.
17    (i) A dental hygienist performing procedures listed in
18paragraphs (1) through (4) of subsection (a) of Section 17.1
19must be under the supervision of a dentist, requiring the
20dentist authorizes the procedure, remains in the dental
21facility while the procedure is performed, and approves the
22work performed by the dental hygienist before dismissal of the
23patient, but the dentist is not required to be present at all
24times in the treatment room.
25    (j) A dental hygienist may perform actions described in
26paragraph (5) of subsection (a) of Section 17.1 under the

 

 

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1general 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
6responsibilities.
7    (a) When working together in a public health supervision
8relationship, dentists and public health dental hygienists
9shall enter into a public health supervision agreement. The
10dentist 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

 

 

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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
7supervision agreement must document and maintain a copy of any
8change or termination of that agreement.
9    Dental records shall be owned and maintained by the
10supervising dentist for all patients treated under public
11health supervision, unless the supervising dentist is an
12employee of a public health clinic or federally qualified
13health center, in which case the public health clinic or
14federally qualified health center shall maintain the records.
15    If a dentist ceases to be employed or contracted by the
16facility, the dentist shall notify the facility administrator
17that the public health supervision agreement is no longer in
18effect. A new public health supervision agreement is required
19for the public health dental hygienist to continue treating
20patients under public health supervision.
21    A dentist entering into an agreement under this Section
22may supervise and enter into agreements for public health
23supervision with 4 public health dental hygienists. This shall
24be in addition to the limit of 4 dental hygienists per dentist
25set forth in subsection (g) of Section 18 of this Act.
26    (b) A public health dental hygienist providing services

 

 

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1under public health supervision may perform only those duties
2within the accepted scope of practice of dental hygiene, as
3follows:
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
13examined by a dentist before additional services can be
14provided by a public health dental hygienist. However, if the
15supervising dentist, after consultation with the public health
16hygienist, determines that time is needed to complete an
17approved treatment plan on a patient eligible under this
18Section, then the dentist may instruct the hygienist to
19complete the remaining services prior to an oral examination
20by the dentist. Such instruction by the dentist to the
21hygienist shall be noted in the patient's records. Any
22services performed under this exception must be scheduled in a
23timely manner and shall not occur more than 30 days after the
24first appointment date.
25    (c) A public health dental hygienist providing services
26under public health supervision must:

 

 

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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
19services under subsections (c), (d), and (e) of this Section
20must complete a summary report at the completion of a program
21or, in the case of an ongoing program, at least annually. The
22report must be completed in the manner specified by the
23Department of Public Health Oral Health Section including
24information about each location where the public health dental
25hygienist has rendered these services. The public health
26dental hygienist must submit the form to the dentist providing

 

 

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1supervision for the dentist's his or her signature before
2sending it to the Division. The Department of Public Health
3Oral Health Section shall compile and publicize public health
4dental hygienist service data annually.
5    (e) Public health dental hygienists providing services
6under public health supervision may be compensated for their
7work by salary, honoraria, and other mechanisms by the
8employing or sponsoring entity. Nothing in this Act shall
9preclude the entity that employs or sponsors a public health
10dental hygienist from seeking payment, reimbursement, or other
11source of funding for the services provided.
12    (e-5) A patient who is provided services under a
13supervision agreement by a public health dental hygienist as
14described in this Section does not need to receive a physical
15examination from a dentist prior to treatment if the public
16health dental hygienist consults with the supervising dentist
17prior 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
23states. Any person who has been lawfully licensed to practice
24dentistry, including the practice of a licensed dental
25specialty, or dental hygiene in another state or territory or

 

 

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1as a member of the military service which has and maintains a
2standard for the practice of dentistry, a dental specialty, or
3dental hygiene at least equal to that now maintained in this
4State, or if the requirements for licensure in such state or
5territory in which the applicant was licensed were, at the
6date of the applicant's his or her licensure, substantially
7equivalent to the requirements then in force in this State,
8and who has been lawfully engaged in the practice of dentistry
9or dental hygiene for at least 2 years immediately preceding
10the filing of the his or her application to practice in this
11State and who shall deposit with the Department a duly
12attested certificate from the Board of the state or territory
13in which the person he or she is licensed, certifying to the
14fact of the person's his or her licensing and of the person his
15or her being a person of good moral character may, upon payment
16of the required fee, be granted a license to practice
17dentistry, a dental specialty, or dental hygiene in this
18State, as the case may be.
19    For the purposes of this Section, "substantially
20equivalent" means that the applicant has presented evidence of
21completion and graduation from an American Dental Association
22accredited dental college or school in the United States or
23Canada, presented evidence that the applicant has passed both
24parts of the National Board Dental Examination, and
25successfully completed an examination conducted by a regional
26testing service.

 

 

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1    Applicants have 3 years from the date of application to
2complete the application process. If the process has not been
3completed in 3 years, the application shall be denied, the fee
4forfeited and the applicant must reapply and meet the
5requirements 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
11temporary permit authorizing the practice in this State,
12without compensation, of dentistry to an applicant who is
13licensed to practice dentistry in another state, if all of the
14following 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

 

 

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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
22subsection.
23    (a-5) Upon Board recommendation, after the filing of an
24application, the Department may allow approved continuing
25education sponsors to be licensed to provide live patient
26continuing education clinical training courses if the

 

 

HB1805- 49 -LRB104 07526 AAS 17570 b

1following 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

 

 

HB1805- 50 -LRB104 07526 AAS 17570 b

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
9Section shall be valid for a period of time as provided by
10rule.
11    The Department shall adopt rules to implement this
12subsection.
13    (b) (Blank).
14    (c) A temporary permit shall be valid for no longer than 5
15consecutive clinical days within 6 months from the date of
16issuance. The temporary permit may be issued once per year to a
17visiting dentist. Temporary permits under subsection (a) may
18be restored no more than one time within 5 years of the initial
19permits issuance. The Department may require an applicant to
20pay a fee for the issuance or restoration of a permit under
21this Section.
22    (d) (Blank).
23    (e) The temporary permit shall only permit the holder to
24practice dentistry within the scope of the dental studies and
25in conjunction with one of the following:
26        (1) the charitable organization; or

 

 

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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
6moderate sedation, deep sedation, or general anesthesia.
7    (g) A patient who seeks treatment from a temporary
8visiting dentist must sign a consent form acknowledging that
9the care the patient will receive will be provided by a dentist
10not licensed in the State of Illinois and that the Illinois
11licensed dentist who has the collaborative agreement with the
12temporary visiting dentist will be responsible for all the
13follow-up care associated with the treatment rendered to the
14patient.
15    (h) An application for the temporary permit shall be made
16to the Department in writing on forms prescribed by the
17Department and shall be accompanied by a nonrefundable fee
18established by rule.
19    (i) An applicant for a temporary permit may be requested
20to appear before the Board to respond to questions concerning
21the applicant's qualifications to receive the permit. An
22applicant's refusal to appear before the Board may be grounds
23for denial of the application by the Department.
24    (j) The Secretary may summarily cancel any permit or
25license issued pursuant to this Section without a hearing if
26the Secretary finds that evidence in the Secretary's his or

 

 

HB1805- 52 -LRB104 07526 AAS 17570 b

1her possession indicates that a continuing education sponsor
2licensed under this Section or a temporary permit holder's
3continuation in practice would constitute an imminent danger
4to the public or violate any provision of this Act or its
5rules. If the Secretary summarily cancels a permit or license
6issued pursuant to this Section, the permit holder or licensee
7may petition the Department for a hearing in accordance with
8the provisions of subsection (b) of Section 26 of this Act to
9reinstate the his or her permit or license.
10    (k) In addition to terminating any permit or license
11issued pursuant to this Section, the Department may impose a
12monetary penalty not to exceed $10,000 upon the temporary
13permit holder or licensee and may notify any state in which the
14temporary permit holder or licensee has been issued a license
15that the his or her Illinois permit or license has been
16terminated and the reasons for the termination. The monetary
17penalty shall be paid within 60 days after the effective date
18of the order imposing the penalty. The order shall constitute
19a judgment and may be filed and execution had thereon in the
20same manner as any judgment from any court of record. It is the
21intent of the General Assembly that a permit or license issued
22pursuant to this Section shall be considered a privilege and
23not 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)

 

 

HB1805- 53 -LRB104 07526 AAS 17570 b

1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 20. Display of licenses. Any person licensed to
3practice dentistry or dental hygiene in this State by the
4Department as hereinbefore provided, shall at all times
5display such license or duplicate original thereof in a
6conspicuous place, in the person's his or her office wherein
7the person he or she shall practice such profession, and shall
8further, whenever requested, exhibit such license to any of
9the members of the Department or its authorized agent. Upon
10proof by affidavit, the Department shall provide a duplicate
11if such person establishes that the person's his or her
12license is lost or stolen or that the person he or she
13practices 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
18delivers a check or other payment to the Department that is
19returned to the Department unpaid by the financial institution
20upon which it is drawn shall pay to the Department, in addition
21to the amount already owed to the Department, a fine of $50.
22The fines imposed by this Section are in addition to any other
23discipline provided under this Act for unlicensed practice or
24practice on a nonrenewed license. The Department shall notify
25the person that payment of fees and fines shall be paid to the

 

 

HB1805- 54 -LRB104 07526 AAS 17570 b

1Department by certified check or money order within 30
2calendar days of the notification. If, after the expiration of
330 days from the date of the notification, the person has
4failed to submit the necessary remittance, the Department
5shall automatically terminate the license or deny the
6application, without hearing. If, after termination or denial,
7the person seeks a license, the person he or she shall apply to
8the Department for restoration or issuance of the license and
9pay all fees and fines due to the Department. The Department
10may establish a fee for the processing of an application for
11restoration of a license to pay all expenses of processing
12this application. The Secretary may waive the fines due under
13this Section in individual cases where the Secretary finds
14that the fines would be unreasonable or unnecessarily
15burdensome.
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
20licenses. The Department may refuse to issue or renew, or may
21revoke, suspend, place on probation, reprimand or take other
22disciplinary or non-disciplinary action as the Department may
23deem proper, including imposing fines not to exceed $10,000
24per violation, with regard to any license for any one or any
25combination of the following causes:

 

 

HB1805- 55 -LRB104 07526 AAS 17570 b

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,

 

 

HB1805- 56 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 57 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 58 -LRB104 07526 AAS 17570 b

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

 

 

HB1805- 59 -LRB104 07526 AAS 17570 b

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.

 

 

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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.

 

 

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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
5status, or take any other disciplinary action as the
6Department may deem proper, with regard to a license on any of
7the foregoing grounds, must be commenced within 5 years after
8receipt by the Department of a complaint alleging the
9commission of or notice of the conviction order for any of the
10acts described herein. Except for fraud in procuring a
11license, no action shall be commenced more than 7 years after
12the date of the incident or act alleged to have violated this
13Section. The time during which the holder of the license was
14outside the State of Illinois shall not be included within any
15period of time limiting the commencement of disciplinary
16action by the Department.
17    All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21    The Department may refuse to issue or may suspend the
22license of any person who fails to file a return, or to pay the
23tax, penalty or interest shown in a filed return, or to pay any
24final assessment of tax, penalty or interest, as required by
25any tax Act administered by the Illinois Department of
26Revenue, until such time as the requirements of any such tax

 

 

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1Act are satisfied.
2    Any dentist who has had a his or her license suspended or
3revoked for more than 5 years must comply with the
4requirements for restoration set forth in Section 16 prior to
5being eligible for reinstatement from the suspension or
6revocation.
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
11communication from the Secretary of Human Services or the
12Director of the Department of Healthcare and Family Services
13(formerly Department of Public Aid) or Department of Public
14Health, that continuation of practice of a person licensed
15under this Act constitutes an immediate danger to the public,
16immediately suspend the license of such person without a
17hearing. In instances in which the Secretary immediately
18suspends a license under this Section, a hearing upon such
19person's license must be convened by the Board within 15 days
20after such suspension and completed without appreciable delay,
21such hearing held to determine whether to recommend to the
22Secretary that the person's license be revoked, suspended,
23placed on probationary status or reinstated, or such person be
24subject to other disciplinary action. In such hearing, the
25written communication and any other evidence submitted

 

 

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1therewith may be introduced as evidence against such person;
2provided however, the person, or the person's his or her
3counsel, shall have the opportunity to discredit or impeach
4such 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
9under certain conditions.
10    (a) In enforcing paragraph 24 of Section 23 of this Act,
11the Department may compel any individual who is licensed to
12practice under this Act or who has applied for licensure under
13this Act, to submit to a mental or physical examination and
14evaluation, or both, which may include a substance abuse or
15sexual offender evaluation, as required by and at the expense
16of the Department. The Department shall specifically designate
17the examining physician licensed to practice medicine in all
18of its branches or, if applicable, the multidisciplinary team
19involved in providing the mental or physical examination and
20evaluation, or both. The multidisciplinary team shall be led
21by a physician licensed to practice medicine in all of its
22branches and may consist of one or more or a combination of
23physicians licensed to practice medicine in all of its
24branches, licensed clinical psychologists, licensed clinical
25social workers, licensed clinical professional counselors, and

 

 

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1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing. The Department may order the
9examining physician or any member of the multidisciplinary
10team to provide to the Department any and all records,
11including business records, that relate to the examination and
12evaluation, including any supplemental testing performed. The
13Department may order the examining physician or any member of
14the multidisciplinary team to present testimony concerning the
15examination and evaluation of the licensee or applicant,
16including testimony concerning any supplemental testing or
17documents relating to the examination and evaluation. No
18information, report, record, or other documents in any way
19related to the examination and evaluation shall be excluded by
20reason of any common law or statutory privilege relating to
21communications between the licensee or applicant and the
22examining physician or any member of the multidisciplinary
23team. No authorization is necessary from the licensee or
24applicant ordered to undergo an examination and evaluation for
25the examining physician or any member of the multidisciplinary
26team to provide information, reports, records, or other

 

 

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1documents or to provide any testimony regarding the
2examination and evaluation. The individual to be examined may
3have, at the individual's his or her own expense, another
4physician of the individual's his or her choice present during
5all aspects of this examination. Failure of an individual to
6submit to a mental or physical examination and evaluation, or
7both, when directed shall result in the automatic suspension
8of the individual's his or her license, without hearing, until
9the individual submits to the examination. if the Department
10finds, after notice and hearing, that the refusal to submit to
11the examination.
12    (b) If the Department finds an individual unable to
13practice because of the reasons set forth in paragraph 24 of
14Section 23, the Department may require that individual to
15submit to care, counseling, or treatment by physicians
16approved or designated by the Department as a condition, term,
17or restriction for continued, reinstated, or renewed licensure
18to practice, or in lieu of care, counseling, or treatment, the
19Department may file a complaint to immediately suspend,
20revoke, or otherwise discipline the license of the individual.
21An individual whose license was granted, continued,
22reinstated, renewed, disciplined, or supervised subject to
23such terms, conditions, or restrictions, and who fails to
24comply with such terms, conditions, or restrictions, shall be
25referred to the Secretary for a determination as to whether
26the individual shall have the his or her license suspended

 

 

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1immediately, 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
6hygienist license. The Department may refuse to issue or renew
7or may revoke, suspend, place on probation, reprimand or take
8other disciplinary or non-disciplinary action as the
9Department may deem proper, including imposing fines not to
10exceed $10,000 per violation, with regard to any dental
11hygienist license for any one or any combination of the
12following 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

 

 

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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.

 

 

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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
26suspension and revocation of a license to practice dentistry

 

 

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1shall apply to proceedings for the suspension or revocation of
2a license as a dental hygienist.
3    All proceedings to suspend, revoke, place on probationary
4status, or take any other disciplinary action as the
5Department may deem proper with regard to a license on any of
6the grounds contained in this Section, must be commenced
7within 5 years after receipt by the Department of a complaint
8alleging the commission of or notice of the conviction order
9for any of the acts described in this Section. Except for fraud
10in procuring a license, no action shall be commenced more than
117 years after the date of the incident or act alleged to have
12violated this Section. The time during which the holder of the
13license was outside the State of Illinois shall not be
14included within any period of time limiting the commencement
15of disciplinary action by the Department.
16    All fines imposed under this Section shall be paid within
1760 days after the effective date of the order imposing the fine
18or in accordance with the terms set forth in the order imposing
19the fine.
20    Any dental hygienist who has had a his or her license
21suspended or revoked for more than 5 years must comply with the
22requirements for restoration set forth in Section 16 prior to
23being eligible for reinstatement from the suspension or
24revocation.
25(Source: P.A. 99-492, eff. 12-31-15.)
 

 

 

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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
4conferences.
5    (a) Upon the motion of either the Department or the Board
6or upon the verified complaint in writing of any person
7setting forth facts which if proven would constitute grounds
8for refusal, suspension or revocation of license under this
9Act, the Board shall investigate the actions of any person,
10hereinafter called the respondent, who holds or represents
11that the person he or she holds a license. All such motions or
12complaints shall be brought to the Board.
13    (b) Prior to taking an in-person statement from a dentist
14or dental hygienist who is the subject of a complaint, the
15investigator shall inform the dentist or the dental hygienist
16in 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.

 

 

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1    A Department investigator's failure to comply with this
2subsection may not be the sole ground for dismissal of any
3order of the Department filed upon a finding of a violation or
4for dismissal of a pending investigation.
5    (b-5) The duly authorized dental investigators of the
6Department shall have the right to enter and inspect, during
7business hours, the business premises of a dentist licensed
8under this Act or of a person who holds himself or herself out
9as practicing dentistry, with due consideration for patient
10care of the subject of the investigation, so as to inspect the
11physical premises and equipment and furnishings therein. This
12right of inspection shall not include inspection of business,
13medical, or personnel records located on the premises without
14a Department subpoena issued in accordance with Section 25.1
15of this Act or Section 2105-105 of the Department of
16Professional Regulation Law of the Civil Administrative Code
17of Illinois. For the purposes of this Section, "business
18premises" means the office or offices where the dentist
19conducts the practice of dentistry.
20    (c) If the Department concludes on the basis of a
21complaint or its initial investigation that there is a
22possible 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.

 

 

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1    The request for an informal conference shall contain the
2nature of the alleged actions or inactions that constitute the
3possible violations.
4    A dentist or dental hygienist shall be allowed to have
5legal counsel at the informal conference. If the informal
6conference results in a consent order between the accused
7dentist or dental hygienist and the Department, the consent
8order must be approved by the Secretary. However, if the
9consent order would result in a fine exceeding $10,000 or the
10suspension or revocation of the dentist or dental hygienist
11license, the consent order must be approved by the Board and
12the Secretary. Participation in the informal conference by a
13dentist, a dental hygienist, or the Department and any
14admissions or stipulations made by a dentist, a dental
15hygienist, or the Department at the informal conference,
16including any agreements in a consent order that is
17subsequently disapproved by either the Board or the Secretary,
18shall not be used against the dentist, dental hygienist, or
19Department at any subsequent hearing and shall not become a
20part of the record of the hearing.
21    (d) The Secretary shall, before suspending, revoking,
22placing on probationary status, or taking any other
23disciplinary action as the Secretary may deem proper with
24regard to any license, at least 30 days prior to the date set
25for the hearing, notify the respondent in writing of any
26charges made and the time and place for a hearing of the

 

 

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1charges before the Board, direct the respondent him or her to
2file the his or her written answer thereto to the Board under
3oath within 20 days after the service on the respondent him or
4her of such notice and inform the respondent him or her that if
5the respondent he or she fails to file such answer, default
6will be taken against the respondent him or her and the
7respondent's his or her license may be suspended, revoked,
8placed on probationary status, or other disciplinary action
9may be taken with regard thereto, including limiting the
10scope, nature or extent of the respondent's his or her
11practice, as the Secretary may deem proper.
12    (e) Such written notice and any notice in such proceedings
13thereafter may be served by delivery personally to the
14respondent, or by registered or certified mail to the
15licensee's address of record or email address of record. to
16the address last theretofore specified by the respondent in
17his 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
23chairperson of the Board that reasonable cause exists that a
24violation of one or more of the grounds for discipline set
25forth in Section 23 or Section 24 of this Act has occurred or

 

 

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1is occurring, may subpoena, without patient consent, the
2dental records of individual patients of dentists and dental
3hygienists licensed under this Act.
4    (b) Notwithstanding subsection (a) of this Section, the
5Board and the Department may subpoena copies of hospital,
6medical, or dental records in mandatory report cases alleging
7death or permanent bodily injury when consent to obtain the
8records has not been provided by a patient or a patient's legal
9representative. All records and other information received
10pursuant to a subpoena shall be confidential and shall be
11afforded the same status as information concerning medical
12studies under Part 21 of Article VIII of the Code of Civil
13Procedure. The use of these records shall be restricted to
14members of the Board, the dental coordinator, and appropriate
15Department staff designated by the Secretary for the purpose
16of determining the existence of one or more grounds for
17discipline of the dentist or dental hygienist as provided for
18in Section 23 or Section 24 of this Act.
19    (c) Any review of an individual patient's records shall be
20conducted by the Department in strict confidentiality,
21provided that the patient records shall be admissible in a
22disciplinary hearing before the Secretary, the Board, or a
23hearing officer designated by the Department when necessary to
24substantiate the grounds for discipline alleged against the
25dentist or dental hygienist licensed under this Act.
26    (d) The Department may provide reimbursement for fees and

 

 

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1mileage associated with its subpoena power in the same manner
2prescribed by law for judicial procedure in a civil case.
3    (e) Nothing in this Section shall be deemed to supersede
4the provisions of Part 21 of Article VIII of the Code of Civil
5Procedure, now or hereafter amended, to the extent applicable.
6    (f) All information gathered by the Department during any
7investigation, including information subpoenaed under this Act
8and the investigative file, shall be kept for the confidential
9use of the Secretary, the dental coordinator, the Board's
10attorneys, the dental investigative staff, authorized clerical
11staff, and persons employed by contract to advise the dental
12coordinator or the Department as provided in this Act, except
13that the Department may disclose information and documents to
14(i) a federal, State, or local law enforcement agency pursuant
15to a subpoena in an ongoing criminal investigation or (ii) a
16dental licensing authority of another state or jurisdiction
17pursuant to an official request made by that authority. Any
18information or documents disclosed by the Department to a
19federal, State, or local law enforcement agency may only be
20used by that agency for the investigation and prosecution of a
21criminal offense. Any information or documents disclosed by
22the Department to a dental licensing authority of another
23state or jurisdiction may only be used by that authority for
24investigations and disciplinary proceedings with regards to a
25license.
26    This subsection (f) applies only to causes of action

 

 

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1accruing on or after the effective date of this amendatory Act
2of 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
8to file an answer, the respondent's his or her license may, in
9the discretion of the Secretary, having first received the
10recommendation of the Board, be suspended, revoked, placed on
11probationary status, or the Secretary may take whatever
12disciplinary or non-disciplinary action the Secretary he or
13she may deem proper, including limiting the scope, nature, or
14extent of the person's practice or the imposition of a fine,
15without a hearing, if the act or acts charged constitute
16sufficient grounds for such action under this Act.
17    (b) The Secretary may temporarily suspend the license of a
18dentist or dental hygienist without a hearing, simultaneous to
19the institution of proceedings for a hearing under this Act,
20if the Secretary finds that evidence in the Secretary's his or
21her possession indicates that a dentist's or dental
22hygienist's continuation in practice would constitute an
23immediate danger to the public. In the event that the
24Secretary temporarily suspends the license of a dentist or a
25dental hygienist without a hearing, a hearing by the Board

 

 

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1must be held within 15 days after such suspension has
2occurred.
3    (c) The entry of a judgment by any circuit court
4establishing that any person holding a license under this Act
5is a person subject to involuntary admission under the Mental
6Health and Developmental Disabilities Code shall operate as a
7suspension of that license. That person may resume the
8person's his or her practice only upon a finding by the Board
9that the person he or she has been determined to be no longer
10subject to involuntary admission by the court and upon the
11Board's recommendation to the Secretary that the person he or
12she 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
17action - action by Secretary. The Board may advise the
18Secretary that probation be granted or that other disciplinary
19action, including the limitation of the scope, nature or
20extent of a person's practice, be taken, as it deems proper. If
21disciplinary action other than suspension or revocation is
22taken, the Board may advise that the Secretary impose
23reasonable limitations and requirements upon the respondent to
24insure compliance with the terms of the probation or other
25disciplinary action, including, but not limited to, regular

 

 

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1reporting by the respondent to the Secretary of the
2respondent's his or her actions, or the respondent's placing
3himself or herself under the care of a qualified physician for
4treatment or limiting the respondent's his or her practice in
5such manner as the Secretary may require.
6    The Board shall present to the Secretary a written report
7of its findings and recommendations. A copy of such report
8shall be served upon the respondent, either personally, or by
9registered or certified mail to the licensee's address of
10record, or by email to the licensee's email address of record.
11Within 20 days after such service, the respondent may present
12to the Department a his or her motion in writing for a
13rehearing, specifying the particular ground therefor. If the
14respondent orders from the reporting service and pays for a
15transcript of the record, the time elapsing thereafter and
16before such transcript is ready for delivery to the respondent
17him or her shall not be counted as part of such 20 days.
18    At the expiration of the time allowed for filing a motion
19for rehearing the Secretary may take the action recommended by
20the Board. Upon suspension, revocation, placement on
21probationary status, or the taking of any other disciplinary
22action, including the limiting of the scope, nature, or extent
23of one's practice, deemed proper by the Secretary, with regard
24to the license, the respondent shall surrender the
25respondent's his or her license to the Department, if ordered
26to do so by the Department, and upon the respondent's his or

 

 

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1her failure or refusal to do so, the Department may seize the
2same.
3    In all instances under this Act in which the Board has
4rendered a recommendation to the Secretary with respect to a
5particular person, the Secretary shall, to the extent that the
6Secretary he or she disagrees with or takes action contrary to
7the recommendation of the Board, file with the Board the his or
8her specific written reasons of disagreement. Such reasons
9shall be filed within 30 days after the Secretary has taken the
10contrary position.
11    Each order of revocation, suspension, or other
12disciplinary action shall contain a brief, concise statement
13of the ground or grounds upon which the Department's action is
14based, as well as the specific terms and conditions of such
15action. The original of this document shall be retained as a
16permanent record by the Board and the Department. In those
17instances where an order of revocation, suspension, or other
18disciplinary action has been rendered by virtue of a dentist's
19or dental hygienist's physical illness, including, but not
20limited to, deterioration through the aging process, or loss
21of motor skill which results in an inability to practice with
22reasonable judgment, skill, or safety, the Department shall
23permit only this document and the record of the hearing
24incident thereto to be observed, inspected, viewed, or copied
25pursuant to court order.
26(Source: P.A. 99-492, eff. 12-31-15.)
 

 

 

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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
4shall have the authority to appoint any attorney duly licensed
5to practice law in the State of Illinois to serve as the
6hearing officer if any action for refusal to issue, renew or
7discipline of a license. The hearing officer shall have full
8authority to conduct the hearing. The hearing officer shall
9report his or her findings and recommendations to the Board
10and the Secretary. The Board shall have 60 days from receipt of
11the report to review the report of the hearing officer and
12present its findings of fact, conclusions of law and
13recommendations to the Secretary. If the Board fails to
14present its report within the 60 day period, the Secretary
15shall issue an order based on the report of the hearing
16officer.
17    Whenever the Secretary is satisfied that substantial
18justice has not been done in a formal disciplinary action or
19refusal to restore a license, the Secretary he or she may order
20a reexamination or rehearing by the same or other hearing
21officer.
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)

 

 

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1    Sec. 32. Administrative Review Law; application. All final
2administrative decisions of the Department are subject to
3judicial review pursuant to the provisions of the
4Administrative Review Law, and the rules adopted pursuant
5thereto. The term "administrative decision" is defined as in
6Section 3-101 of the Code of Civil Procedure.
7    Proceedings for judicial review shall be commenced in the
8circuit court of the county in which the party applying for
9review resides, but if the party is not a resident of this
10State, the venue shall be in Sangamon County.
11    The Department shall not be required to certify any record
12to the court or file any answer in court or otherwise appear in
13any court in a judicial review proceeding, unless and until
14the Department has received from the plaintiff payment of the
15costs of furnishing and certifying the record, which costs
16shall be determined by the Department. Exhibits shall be
17certified without cost. Failure on the part of the plaintiff
18to file a receipt in court shall be grounds for dismissal of
19the action. During the pendency and hearing of any and all
20judicial proceedings incident to a disciplinary action any
21sanctions imposed upon the respondent by the Department
22because of acts or omissions related to the delivery of direct
23patient care as specified in the Department's final
24administrative decision, shall as a matter of public policy
25remain in full force and effect in order to protect the public
26pending final resolution of any of the proceedings.

 

 

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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,
6information received, pursuant to law, relating to any
7information acquired by a dentist or dental hygienist in
8attending any patient in a professional character, and
9necessary to professionally serve such patient, shall be
10deemed strictly confidential and shall only be made available,
11either as part of the record of a hearing hereunder or
12otherwise: (1) when such record is required, in its entirety,
13for purposes of judicial review pursuant to this Act; or (2)
14upon the express, written consent of the patient, or in the
15case of the patient's his or her death or disability, the
16patient'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
22the legal guardian or authorized representative of a dentist
23who has become incapacitated may contract with another dentist
24or dentists to continue the operations of the deceased or

 

 

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1incapacitated dentist's practice (if the practice of the
2deceased or incapacitated dentist is a sole proprietorship, a
3corporation where the deceased or incapacitated dentist is the
4sole shareholder, or a limited liability company where the
5deceased or incapacitated dentist is the sole member) for a
6period of one year from the time of death or incapacitation of
7the dentist or until the practice is sold, whichever occurs
8first, 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

 

 

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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
18deceased or incapacitated dentist shall not begin until the
19provisions of this subsection (a) have been met.
20    If the practice is not sold within the initial one-year
21period, the provision described in subsection (a) may be
22extended for additional 12-month periods by the Department.
23However, if the extension is approved, the extension shall not
24exceed 3 additional 12-month periods. Each extension must be
25granted prior to the expiration date of the prior extension
26and must be accompanied by a petition detailing the reasons

 

 

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1for the extension that must be kept on file by the Department.
2    (b) The Secretary may terminate the operations of a dental
3practice operating pursuant to this Section if the Department
4has evidence of a violation of this Section or Section 23 or 24
5of this Act. The Secretary must conduct a hearing before
6terminating the operations of a dental practice operating
7pursuant to this Section. At least 15 days before the hearing
8date, the Department (i) must notify, in writing, the
9executor, administrator, guardian, or authorized
10representative at the address provided, pursuant to item (C)
11of subdivision (1) of subsection (a) of this Section, and to
12the contracting dentist or dentists at the address of the
13dental practice provided pursuant to item (B) of subdivision
14(1) of subsection (a) of this Section, of any charges made and
15of the time and place of the hearing on the charges before the
16Secretary or hearing officer, as provided in Section 30 of
17this Act, (ii) direct the executor, administrator, guardian,
18or authorized representative to file a his or her written
19answer to such charges with the Secretary under oath within 10
20days after the service on the executor, administrator,
21guardian, or authorized representative of the notice, and
22(iii) inform the executor, administrator, guardian, or
23authorized representative that if there is a failure he or she
24fails to file such answer, a default judgment will be entered
25against the executor, administrator, guardian, or authorized
26representative him or her and the operations of the dental

 

 

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1practice shall be terminated.
2    (c) If the Secretary finds that evidence in the
3Secretary's his or her possession indicates that a violation
4of this Section or Section 23 or 24 of this Act constitutes an
5immediate threat to the public health, safety, or welfare, the
6Secretary may immediately terminate the operations of the
7dental practice without a hearing. Upon service by certified
8mail to the executor, administrator, guardian, or authorized
9representative, at the address provided pursuant to item (C)
10of subdivision (1) of subsection (a) of this Section, and the
11contracting dentist or dentists, at the address of the dental
12practice provided pursuant to item (B) of subdivision (1) of
13subsection (a) of this Section, of notice of an order
14immediately terminating the operations of the dental practice,
15the executor, administrator, guardian, or authorized
16representative may petition the Department within 30 days for
17a hearing to take place within 30 days after the petition is
18filed.
19    (d) The Department may require, by rule, the submission to
20the Department of any additional information necessary for the
21administration 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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1filing or attempting to file as the person's his or her own the
2diploma or license of another, or a forged affidavit of
3identification or qualification, shall be deemed guilty of a
4Class 3 felony, and upon conviction thereof, shall be subject
5to such fine and imprisonment as is made and provided by the
6statutes 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
11authorize and regulate the advertisement by dentists of
12information which is intended to provide the public with a
13sufficient basis upon which to make an informed selection of
14dentists while protecting the public from false or misleading
15advertisements which would detract from the fair and rational
16selection process.
17    Any dentist may advertise the availability of dental
18services in the public media or on the premises where such
19dental services are rendered. Such advertising shall be
20limited 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

 

 

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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
24enrolls its dentist as a participating provider in a managed
25care plan's network must verify electronically or in writing
26to the managed care plan whether the provider is accepting new

 

 

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1patients at each of the specific locations listing the
2provider. The health plan shall remove the provider from the
3directory in accordance with standard practices within 10
4business days after being notified of the changes by the
5provider. Nothing in this paragraph shall void any contractual
6relationship between the provider and the plan.
7    It is unlawful for any dentist licensed under this Act to
8do 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

 

 

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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
6services when the offeror of such services is not a dentist.
7Nor shall the dentist use statements which contain false,
8fraudulent, deceptive or misleading material or guarantees of
9success, statements which play upon the vanity or fears of the
10public, or statements which promote or produce unfair
11competition.
12    A dentist shall be required to keep a copy of all
13advertisements for a period of 3 years. All advertisements in
14the dentist's possession shall indicate the accurate date and
15place of publication.
16    The Department shall adopt rules to carry out the intent
17of 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
23permitted, authorized, or contracted to act on behalf of or
24with a dentist or dental office.
25    "Arrange for, broker, or establish" means submitting an

 

 

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1application to a third-party creditor, lender, or creditor's
2intermediary for approval or rejection on behalf of a patient.
3Submitting an application to a third-party creditor, lender,
4or creditor's intermediary for approval or rejection includes
5patient or a patient's guardian's use of a third-party
6creditor's, lender's, or a creditor's intermediary's
7patient-facing software, weblink, URL, or QR code that is
8customized for with the branding of the dental practice.
9"Arrange for, broker, or establish" does not mean the use of
10third-party marketing or advertising materials that are not
11customized for the dental practice.
12    "Financing extended by a third party" includes, but is not
13limited to, an open end credit plan as defined under the
14federal Truth-in-Lending Act (15 U.S.C. 1602), a line of
15credit, or a loan offered or extended by a third party.
16    (b) A dentist, employee of a dentist, or agent of a dentist
17may not arrange for, broker, or establish financing extended
18by a third party for a patient.
19    (c) A dentist, employee of a dentist, or agent of a dentist
20may not complete for a patient or patient's guardian any
21portion of an application for financing extended by a third
22party. A dentist, employee of a dentist, or agent of a dentist
23may not provide the patient or patient's guardian with an
24electronic device to apply for financing extended by a third
25party.
26    (d) A dentist, employee of a dentist, or agent of a dentist

 

 

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1may not promote, advertise, or provide marketing or
2application materials for financing extended by a third party
3to 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
13must provide the following written notice to a patient or
14patient's guardian in at least 14-point font when discussing
15(except to state accepted forms of payment) or providing
16applications 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,
19OR LOAN to help you finance or pay for your dental treatment.
20This credit card, line of credit, or loan IS NOT A PAYMENT PLAN
21WITH THE DENTIST'S OFFICE. It is a credit card, line of credit,
22or loan from a third-party financing company. Your dentist
23does not work for this company. Your dentist may not complete
24or submit an application for third-party financing on your
25behalf.
26    You do not have to apply for a credit card, line of credit,

 

 

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1or loan. You may pay your dentist for treatment in another
2manner. Your dentist's office may offer its own payment plan.
3You are encouraged to explore any public or private insurance
4options that may cover your dental treatment.
5    The lender or creditor may offer a "promotional period" to
6pay back the credit or loan without interest. After any
7promotional period ends, you may be charged interest on
8portions of the balance that have already been paid. If you
9miss a payment or do not pay on time, you may have to pay a
10penalty and a higher interest rate. If you do not pay the money
11that you owe the creditor or lender, then your missed payments
12can appear on your credit report and could hurt your credit
13score. You could also be sued by the creditor or lender.
14    If your dentist's office has completed or submitted an
15application for third-party financing on your behalf, you may
16file a complaint by contacting the Illinois Department of
17Financial and Professional Regulation at [Department website]
18or by calling [telephone number for Department]."
19    The Department shall make the disclosure required under
20this subsection available on the Department's website in
21English and any other languages deemed necessary by the
22Department.
23    (f) The Department may adopt rules to implement this
24Section.
25    (g) A violation of this Section is punishable by a fine of
26up to $500 for the first violation and a fine of up to $1,000

 

 

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1for each subsequent violation. However, the Department may
2take other disciplinary action if the licensee's conduct also
3violates 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
8for dentists; prescriptions; order; penalties.
9    (a) Any dentist who employs or engages the services of any
10dental laboratory to construct or repair, extraorally,
11prosthetic dentures, bridges, or other replacements for a part
12of a tooth, a tooth, or teeth, or who directs a dental
13laboratory to participate in shade selection for a prosthetic
14appliance, shall furnish such dental laboratory with a written
15prescription on forms prescribed by the Department which shall
16contain:
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.

 

 

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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
6dentist shall retain the original prescription and the dentist
7shall retain a duplicate copy thereof for inspection at any
8reasonable time by the Department or its duly authorized
9agents, for a period of 3 years in both cases.
10    (c) If the dental laboratory receiving a written
11prescription from a dentist engages another dental laboratory
12(hereinafter referred to as "subcontractor") to perform some
13of the services relative to such prescription, it shall
14furnish a written order with respect thereto on forms
15prescribed 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

 

 

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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
8manufactures the dental appliance or has it manufactured by a
9subcontractor, the laboratory shall provide to the prescribing
10dentist the (i) location where the work was done and (ii)
11source and original location where the materials were
12obtained.
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;
24is guilty of a Class A misdemeanor and the Department may
25revoke or suspend the dentist's his or her license therefor.
26    (e) Any dental laboratory which:

 

 

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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;
15is 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
21dental prosthesis fabricated by a dentist, or fabricated
22pursuant to a dentist's his or her prescription, shall be
23marked with the name of the patient for whom the prosthesis is
24intended. The markings shall be done during fabrication and
25shall be permanent, legible and cosmetically acceptable. The

 

 

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1exact location of the markings and the methods used to apply or
2implant them shall be determined by the dentist or dental
3laboratory fabricating the prosthesis. If in the professional
4judgment of the dentist, this full identification is not
5possible, the name may be omitted.
6    (b) Any removable dental prosthesis in existence which was
7not marked in accordance with paragraph (a) of this Section at
8the time of fabrication, shall be so marked at the time of any
9subsequent 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
14Committees. While serving upon any Peer Review Committee, any
15dentist shall not be liable for civil damages as a result of
16the dentist's his or her decisions, findings or
17recommendations in connection with the dentist's his or her
18duties on such committee, except decisions, findings or
19recommendations involving the dentist's willful his or her
20wilful or wanton misconduct. Furthermore, any professional
21organization, association or society of dentists, or component
22thereof, which sponsors, sanctions or otherwise operates or
23participates in peer review activities is hereby afforded the
24same privileges and immunities afforded to any member of the
25peer review committee.

 

 

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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
5hygienist who is a dental responder is deemed to be acting
6within the bounds of the dentist or dental hygienist's his or
7her license when providing disaster, immunizations, mobile,
8and humanitarian care during a declared local, State, or
9national 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
15may administer vaccinations upon completion of appropriate
16training set forth by rule and approved by the Department on
17appropriate vaccine storage, proper administration, and
18addressing contraindications and adverse reactions.
19Vaccinations shall be limited to patients 18 years of age and
20older pursuant to a valid prescription or standing order by a
21physician licensed to practice medicine in all its branches
22who, in the course of professional practice, administers
23vaccines to patients. Methods of communication shall be
24established for consultation with the physician in person or

 

 

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1by telecommunications.
2    (b) Vaccinations administered by a dentist shall be
3limited to influenza (inactivated influenza vaccine and live
4attenuated influenza intranasal vaccine). Vaccines shall only
5be administered by the dentist and shall not be delegated to an
6assistant or any other person. Vaccination of a patient by a
7dentist shall be documented in the patient's dental record and
8the record shall be retained in accordance with current dental
9recordkeeping standards. The dentist shall notify the
10patient's primary care physician of each dose of vaccine
11administered to the patient and shall enter all patient level
12data or update the patient's current record. The dentist may
13provide this notice to the patient's physician electronically.
14In addition, the dentist shall enter all patient level data on
15vaccines administered in the immunization data registry
16maintained by the Department of Public Health.
17    (c) A dentist shall only provide vaccinations under this
18Section if contracted with and credentialed by the patient's
19health insurance, health maintenance organization, or other
20health plan to specifically provide the vaccinations allowed
21under this Section. Persons enrolled in Medicare or Medicaid
22may only receive the vaccinations allowed for under this
23Section from dentists who are authorized to do so by the
24federal Centers for Medicare and Medicaid Services or the
25Department of Healthcare and Family Services.
26    (d) The Department shall adopt any rules necessary to

 

 

HB1805- 101 -LRB104 07526 AAS 17570 b

1implement 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
7Administrative Procedure Act is hereby expressly adopted and
8incorporated herein as if all of the provisions of that Act
9were included in this Act, except that the provision of
10subsection (d) of Section 10-65 of the Illinois Administrative
11Procedure Act that provides that at hearings the dentist or
12dental hygienist has the right to show compliance with all
13lawful requirements for retention, continuation or renewal of
14the license is specifically excluded. For the purposes of this
15Act the notice required under Section 10-25 of the
16Administrative Procedure Act is deemed sufficient when mailed
17or emailed to the last known address or email address of a
18party.
19(Source: P.A. 88-45; 89-80, eff. 6-30-95; 89-116, eff.
207-7-95.)
 
21    Section 99. Effective date. This Section and Section 5
22take effect upon becoming law.

 

 

HB1805- 102 -LRB104 07526 AAS 17570 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.36
4    5 ILCS 80/4.41 new
5    225 ILCS 25/2from Ch. 111, par. 2302
6    225 ILCS 25/4
7    225 ILCS 25/4.5 new
8    225 ILCS 25/6from Ch. 111, par. 2306
9    225 ILCS 25/8.05
10    225 ILCS 25/11from Ch. 111, par. 2311
11    225 ILCS 25/13from Ch. 111, par. 2313
12    225 ILCS 25/14from Ch. 111, par. 2314
13    225 ILCS 25/16from Ch. 111, par. 2316
14    225 ILCS 25/17
15    225 ILCS 25/18from Ch. 111, par. 2318
16    225 ILCS 25/18.1
17    225 ILCS 25/19from Ch. 111, par. 2319
18    225 ILCS 25/19.2
19    225 ILCS 25/20from Ch. 111, par. 2320
20    225 ILCS 25/22from Ch. 111, par. 2322
21    225 ILCS 25/23from Ch. 111, par. 2323
22    225 ILCS 25/23afrom Ch. 111, par. 2323a
23    225 ILCS 25/23b
24    225 ILCS 25/24from Ch. 111, par. 2324
25    225 ILCS 25/25from Ch. 111, par. 2325

 

 

HB1805- 103 -LRB104 07526 AAS 17570 b

1    225 ILCS 25/25.1
2    225 ILCS 25/26from Ch. 111, par. 2326
3    225 ILCS 25/29from Ch. 111, par. 2329
4    225 ILCS 25/30from Ch. 111, par. 2330
5    225 ILCS 25/32from Ch. 111, par. 2332
6    225 ILCS 25/34from Ch. 111, par. 2334
7    225 ILCS 25/38.2
8    225 ILCS 25/40from Ch. 111, par. 2340
9    225 ILCS 25/45from Ch. 111, par. 2345
10    225 ILCS 25/45.5
11    225 ILCS 25/48from Ch. 111, par. 2348
12    225 ILCS 25/49from Ch. 111, par. 2349
13    225 ILCS 25/54from Ch. 111, par. 2354
14    225 ILCS 25/54.2
15    225 ILCS 25/54.3
16    225 ILCS 25/55from Ch. 111, par. 2355