Full Text of SB2941 97th General Assembly
SB2941enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Section 17 as follows:
| 6 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 17. Acts Constituting the Practice of Dentistry. A | 9 | | person
practices dentistry, within the meaning of this Act:
| 10 | | (1) Who represents himself as being able to diagnose or | 11 | | diagnoses,
treats, prescribes, or operates for any | 12 | | disease, pain, deformity, deficiency,
injury, or physical | 13 | | condition of the human tooth, teeth, alveolar process,
gums | 14 | | or jaw; or
| 15 | | (2) Who is a manager, proprietor, operator or conductor | 16 | | of a
business where
dental operations are performed; or
| 17 | | (3) Who performs dental operations of any kind; or
| 18 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 19 | | diagnostic purposes; or
| 20 | | (5) Who extracts a human tooth or teeth, or corrects or | 21 | | attempts to
correct
malpositions of the human teeth or | 22 | | jaws; or
| 23 | | (6) Who offers or undertakes, by any means or method, |
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| 1 | | to diagnose, treat
or remove stains, calculus, and bonding | 2 | | materials from human teeth or jaws; or
| 3 | | (7) Who uses or administers local or general | 4 | | anesthetics in the treatment
of dental or oral diseases or | 5 | | in any preparation incident to a dental operation
of any | 6 | | kind or character; or
| 7 | | (8) Who takes impressions of the human tooth, teeth, or | 8 | | jaws or performs
any phase of any operation incident to the | 9 | | replacement of a part of a tooth,
a tooth, teeth or | 10 | | associated tissues by means of a filling, crown, a bridge,
| 11 | | a denture or other appliance; or
| 12 | | (9) Who offers to furnish, supply, construct, | 13 | | reproduce or repair, or
who furnishes, supplies, | 14 | | constructs, reproduces or repairs, prosthetic
dentures, | 15 | | bridges or other substitutes for natural teeth, to the user | 16 | | or
prospective user thereof; or
| 17 | | (10) Who instructs students on clinical matters or | 18 | | performs any clinical
operation included in the curricula | 19 | | of recognized dental schools and colleges; or
| 20 | | (11) Who takes impressions of human teeth or places his | 21 | | or her hands in the mouth of any person for the purpose of | 22 | | applying teeth whitening materials, or who takes | 23 | | impressions of human teeth or places his or her hands in | 24 | | the mouth of any person for the purpose of assisting in the | 25 | | application of teeth whitening materials. A person does not | 26 | | practice dentistry when he or she discloses to the consumer |
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| 1 | | that he or she is not licensed as a dentist under this Act | 2 | | and (i) discusses the use of teeth whitening materials with | 3 | | a consumer purchasing these materials; (ii) provides | 4 | | instruction on the use of teeth whitening materials with a | 5 | | consumer purchasing these materials; or (iii) provides | 6 | | appropriate equipment on-site to the consumer for the | 7 | | consumer to self-apply teeth whitening materials. | 8 | | The fact that any person engages in or performs, or offers | 9 | | to engage in
or perform, any of the practices, acts, or | 10 | | operations set forth in this
Section, shall be prima facie | 11 | | evidence that such person is engaged in the
practice of | 12 | | dentistry.
| 13 | | The following practices, acts, and operations, however, | 14 | | are exempt from
the operation of this Act:
| 15 | | (a) The rendering of dental relief in emergency cases | 16 | | in the practice
of his or her profession by a physician or | 17 | | surgeon, licensed as such
under the laws of this State, | 18 | | unless he undertakes to reproduce or reproduces
lost parts | 19 | | of the human teeth in the mouth or to restore or replace | 20 | | lost
or missing teeth in the mouth; or
| 21 | | (b) The practice of dentistry in the discharge of their | 22 | | official duties
by dentists in any branch of the Armed | 23 | | Services of the United States, the
United States Public | 24 | | Health Service, or the United States Veterans
| 25 | | Administration; or
| 26 | | (c) The practice of dentistry by students in their |
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| 1 | | course of study
in dental schools or colleges approved by | 2 | | the Department, when acting under the
direction and | 3 | | supervision of dentists acting as instructors; or
| 4 | | (d) The practice of dentistry by clinical instructors | 5 | | in the course of
their teaching duties in dental schools or | 6 | | colleges approved by the
Department:
| 7 | | (i) when acting under the direction and | 8 | | supervision of dentists,
provided that such clinical | 9 | | instructors have instructed continuously in
this State | 10 | | since January 1, 1986; or
| 11 | | (ii) when holding the rank of full professor at | 12 | | such approved dental
school or college and possessing a | 13 | | current valid license or authorization
to practice | 14 | | dentistry in another country; or
| 15 | | (e) The practice of dentistry by licensed dentists of | 16 | | other states or
countries at meetings of the Illinois State | 17 | | Dental Society or component
parts thereof, alumni meetings | 18 | | of dental colleges, or any other like dental
organizations, | 19 | | while appearing as clinicians; or
| 20 | | (f) The use of X-Ray machines for exposing X-Ray films | 21 | | of dental or oral
tissues by dental hygienists or dental | 22 | | assistants; or
| 23 | | (g) The performance of any dental service by a dental | 24 | | assistant, if such
service is performed under the | 25 | | supervision and full responsibility of a
dentist.
| 26 | | For purposes of this paragraph (g), "dental service" is |
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| 1 | | defined to mean
any intraoral procedure or act which shall | 2 | | be prescribed by rule or
regulation of the Department. | 3 | | Dental service, however, shall not include:
| 4 | | (1) Any and all diagnosis of or prescription for | 5 | | treatment of disease,
pain, deformity, deficiency, | 6 | | injury or physical condition of the human teeth
or | 7 | | jaws, or adjacent structures.
| 8 | | (2) Removal of, or restoration of, or addition
to | 9 | | the hard or soft tissues of the oral cavity, except for | 10 | | the placing, carving, and finishing of amalgam | 11 | | restorations by dental assistants who have had | 12 | | additional formal education and certification as | 13 | | determined by the Department. A dentist utilizing | 14 | | dental assistants shall not supervise more than 4 | 15 | | dental assistants at any one time for placing, carving, | 16 | | and finishing of amalgam restorations.
| 17 | | (3) Any and all correction of malformation of teeth | 18 | | or of the jaws.
| 19 | | (4) Administration of anesthetics, except for | 20 | | application of topical
anesthetics and monitoring of | 21 | | nitrous oxide. Monitoring of
nitrous oxide may be | 22 | | performed after successful completion of a training
| 23 | | program approved by the Department. A dentist | 24 | | utilizing dental assistants shall not supervise more | 25 | | than 4 dental assistants at any one time for the | 26 | | monitoring of nitrous oxide.
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| 1 | | (5) Removal of calculus from human teeth.
| 2 | | (6) Taking of impressions for the fabrication of | 3 | | prosthetic
appliances,
crowns,
bridges, inlays, | 4 | | onlays, or other restorative or replacement
dentistry.
| 5 | | (7) The operative procedure of dental hygiene | 6 | | consisting of oral
prophylactic procedures, except for | 7 | | coronal polishing and pit and fissure sealants ,
which | 8 | | may be
performed by a
dental assistant who has | 9 | | successfully completed a training program approved by
| 10 | | the Department. Dental assistants may perform coronal | 11 | | polishing under the
following circumstances: (i) the | 12 | | coronal polishing shall be limited to
polishing the
| 13 | | clinical crown of the tooth and existing restorations, | 14 | | supragingivally; (ii)
the
dental assistant performing | 15 | | the coronal polishing shall be limited to the use
of
| 16 | | rotary instruments using a rubber cup or brush | 17 | | polishing method (air polishing
is
not permitted); and | 18 | | (iii) the supervising dentist shall not supervise more
| 19 | | than 4
dental assistants at any one time for the task | 20 | | of coronal polishing or pit and fissure sealants .
| 21 | | (h) The practice of dentistry by an individual who:
| 22 | | (i) has applied in writing to the Department, in | 23 | | form and substance
satisfactory to the Department, for | 24 | | a general dental license and has
complied with all | 25 | | provisions of Section 9 of this Act, except for the
| 26 | | passage of the examination specified in subsection |
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| 1 | | (e), of Section 9, of this
Act; or
| 2 | | (ii) has applied in writing to the Department, in | 3 | | form and substance
satisfactory to the Department, for | 4 | | a temporary dental license and has
complied with all | 5 | | provisions of subsection (c), of Section 11, of this | 6 | | Act; and
| 7 | | (iii) has been accepted or appointed for specialty | 8 | | or residency training
by a hospital situated in this | 9 | | State; or
| 10 | | (iv) has been accepted or appointed for specialty | 11 | | training in an
approved dental program situated in this | 12 | | State; or
| 13 | | (v) has been accepted or appointed for specialty | 14 | | training in a dental
public health agency situated in | 15 | | this State.
| 16 | | The applicant shall be permitted to practice dentistry | 17 | | for a period of 3
months from the starting date of the | 18 | | program, unless authorized in writing
by the Department to | 19 | | continue such practice for a period specified in
writing by | 20 | | the Department.
| 21 | | The applicant shall only be entitled to perform such | 22 | | acts as may be
prescribed by and incidental to their | 23 | | program of residency or specialty
training and shall not | 24 | | otherwise engage in the practice of dentistry in this
| 25 | | State.
| 26 | | The authority to practice shall terminate immediately |
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| 1 | | upon:
| 2 | | (1) the decision of the Department that the | 3 | | applicant has failed the
examination; or
| 4 | | (2) denial of licensure by the Department; or
| 5 | | (3) withdrawal of the application.
| 6 | | (Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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