Illinois General Assembly - Full Text of SB1217
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Full Text of SB1217  98th General Assembly




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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 Illinois Dental Practice Act is amended by
5changing Sections 16 and 17 as follows:
6    (225 ILCS 25/16)  (from Ch. 111, par. 2316)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 16. Expiration, renewal and restoration of licenses.
9The expiration date and renewal date for each license issued
10under this Act shall be set by rule. The renewal period for
11each license issued under this Act shall be 3 years. A dentist
12or dental hygienist may renew a license during the month
13preceding its expiration date by paying the required fee. A
14dentist or dental hygienist shall provide proof of current
15Basic Life Support (BLS) certification by an organization that
16has adopted the American Heart Association's guidelines on BLS
17intended for health care providers at the time of renewal as
18provided by rule. Basic Life Support certification training
19taken as a requirement of this Section shall be counted for no
20more than 4 hours during each licensure period towards the
21continuing education hours under Section 16.1 of this Act. The
22Department shall provide by rule for exemptions from this
23requirement for a dentist or dental hygienist with a physical



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1disability that would preclude him or her from performing BLS.
2    Any dentist or dental hygienist whose license has expired
3or whose license is on inactive status may have his license
4restored at any time within 5 years after the expiration
5thereof, upon payment of the required fee and a showing of
6proof of compliance with current continuing education
7requirements, as provided by rule.
8    Any person whose license has been expired for more than 5
9years or who has had his license on inactive status for more
10than 5 years may have his license restored by making
11application to the Department and filing proof acceptable to
12the Department of taking continuing education and of his
13fitness to have the license restored, including sworn evidence
14certifying to active practice in another jurisdiction, and by
15paying the required restoration fee. A person practicing on an
16expired license is deemed to be practicing without a license.
17However, a holder of a license may renew the license within 90
18days after its expiration by complying with the requirements
19for renewal and payment of an additional fee. A license renewal
20within 90 days after expiration shall be effective
21retroactively to the expiration date.
22    If a person whose license has expired or who has had his
23license on inactive status for more than 5 years has not
24maintained an active practice satisfactory to the department,
25the Department shall determine, by an evaluation process
26established by rule, his or her fitness to resume active status



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1and may require the person to complete a period of evaluated
2clinical experience and may require successful completion of a
3practical examination.
4    However, any person whose license expired while he or she
5was (i) on active duty with the Armed Forces of the United
6States or called into service or training by the State militia
7or (ii) in training or education under the supervision of the
8United States preliminary to induction into the military
9service, may have his or her license renewed, reinstated, or
10restored without paying any lapsed renewal or restoration fee,
11if within 2 years after termination of such service, training,
12or education other than by dishonorable discharge, he or she
13furnishes the Department with satisfactory proof that he or she
14has been so engaged and that his or her service, training, or
15education has been so terminated.
16(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12;
1797-1013, eff. 8-17-12.)
18    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 17. Acts Constituting the Practice of Dentistry. A
21person practices dentistry, within the meaning of this Act:
22        (1) Who represents himself or herself as being able to
23    diagnose or diagnoses, treats, prescribes, or operates for
24    any disease, pain, deformity, deficiency, injury, or
25    physical condition of the human tooth, teeth, alveolar



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



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



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



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1    Dental Society or component parts thereof, alumni meetings
2    of dental colleges, or any other like dental organizations,
3    while appearing as clinicians; or
4        (f) The use of X-Ray machines for exposing X-Ray films
5    of dental or oral tissues by dental hygienists or dental
6    assistants; or
7        (g) The performance of any dental service by a dental
8    assistant, if such service is performed under the
9    supervision and full responsibility of a dentist.
10        For purposes of this paragraph (g), "dental service" is
11    defined to mean any intraoral procedure or act which shall
12    be prescribed by rule or regulation of the Department.
13    Dental service, however, shall not include:
14            (1) Any and all diagnosis of or prescription for
15        treatment of disease, pain, deformity, deficiency,
16        injury or physical condition of the human teeth or
17        jaws, or adjacent structures.
18            (2) Removal of, or restoration of, or addition to
19        the hard or soft tissues of the oral cavity, except for
20        the placing, carving, and finishing of amalgam
21        restorations by dental assistants who have had
22        additional formal education and certification as
23        determined by the Department. A dentist utilizing
24        dental assistants shall not supervise more than 4
25        dental assistants at any one time for placing, carving,
26        and finishing of amalgam restorations.



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1            (3) Any and all correction of malformation of teeth
2        or of the jaws.
3            (4) Administration of anesthetics, except for
4        monitoring application of topical anesthetics and
5        monitoring of nitrous oxide. Monitoring of nitrous
6        oxide, conscious sedation, deep sedation, and general
7        anesthetic as provided in Section 8.1 of this Act, that
8        may be performed only after successful completion of a
9        training program approved by the Department. A dentist
10        utilizing dental assistants shall not supervise more
11        than 4 dental assistants at any one time for the
12        monitoring of nitrous oxide.
13            (5) Removal of calculus from human teeth.
14            (6) Taking of impressions for the fabrication of
15        prosthetic appliances, crowns, bridges, inlays,
16        onlays, or other restorative or replacement dentistry.
17            (7) The operative procedure of dental hygiene
18        consisting of oral prophylactic procedures, except for
19        coronal polishing and pit and fissure sealants, which
20        may be performed by a dental assistant who has
21        successfully completed a training program approved by
22        the Department. Dental assistants may perform coronal
23        polishing under the following circumstances: (i) the
24        coronal polishing shall be limited to polishing the
25        clinical crown of the tooth and existing restorations,
26        supragingivally; (ii) the dental assistant performing



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1        the coronal polishing shall be limited to the use of
2        rotary instruments using a rubber cup or brush
3        polishing method (air polishing is not permitted); and
4        (iii) the supervising dentist shall not supervise more
5        than 4 dental assistants at any one time for the task
6        of coronal polishing or pit and fissure sealants.
7        The limitations on the number of dental assistants a
8    dentist may supervise contained in items (2), (4), and (7)
9    of this Section mean a limit of 4 total dental assistants
10    or dental hygienists doing expanded functions covered by
11    these Sections being supervised by one dentist.
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
18        (e), 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



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1            (iv) has been accepted or appointed for specialty
2        training in an approved dental program situated in this
3        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 by
11    the Department.
12        The applicant shall only be entitled to perform such
13    acts as may be prescribed by and incidental to his or her
14    program of residency or specialty training and shall not
15    otherwise engage in the practice of dentistry in this
16    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. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12;
2497-886, eff. 8-2-12; 97-1013, eff. 8-17-12; revised 8-23-12.)