Full Text of HB4414 98th General Assembly
HB4414ham001 98TH GENERAL ASSEMBLY | Rep. Ron Sandack Filed: 3/19/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4414
| 2 | | AMENDMENT NO. ______. Amend House Bill 4414 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Dental Practice Act is amended by | 5 | | changing Sections 4 and 17 as follows:
| 6 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 4. Definitions. As used in this Act:
| 9 | | "Address of record" means the designated address recorded | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file as maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address and | 14 | | those changes must be made either through the Department's | 15 | | website or by contacting the Department. | 16 | | "Department" means the Department of Financial and |
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| 1 | | Professional Regulation.
| 2 | | "Secretary" means the Secretary of Financial and | 3 | | Professional Regulation.
| 4 | | "Board" means the Board of Dentistry.
| 5 | | "Dentist" means a person who has received a general license | 6 | | pursuant
to paragraph (a) of Section 11 of this Act and who may | 7 | | perform any intraoral
and extraoral procedure required in the | 8 | | practice of dentistry and to whom is
reserved the | 9 | | responsibilities specified in Section 17.
| 10 | | "Dental hygienist" means a person who holds a license under | 11 | | this Act to
perform dental services as authorized by Section | 12 | | 18.
| 13 | | "Dental assistant" means an appropriately trained person
| 14 | | who, under the supervision of a dentist, provides dental | 15 | | services
as authorized by Section 17.
| 16 | | "Dental laboratory" means a person, firm or corporation | 17 | | which:
| 18 | | (i) engages in making, providing, repairing or | 19 | | altering dental
prosthetic appliances and other artificial | 20 | | materials and devices which are
returned to a dentist for | 21 | | insertion into the human oral cavity or which
come in | 22 | | contact with its adjacent structures and tissues; and
| 23 | | (ii) utilizes or employs a dental technician to provide | 24 | | such services; and
| 25 | | (iii) performs such functions only for a dentist or | 26 | | dentists.
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| 1 | | "Supervision" means supervision of a dental hygienist or a | 2 | | dental
assistant requiring that a dentist authorize the | 3 | | procedure, remain in the
dental facility while the procedure is | 4 | | performed, and approve the work
performed by the dental | 5 | | hygienist or dental assistant before dismissal of
the patient, | 6 | | but does not mean that the dentist must be present at all
times | 7 | | in the treatment room.
| 8 | | "General supervision" means supervision of a dental | 9 | | hygienist
requiring that the patient be a patient of record,
| 10 | | that the dentist
examine the patient in accordance with Section | 11 | | 18 prior to treatment by the
dental hygienist, and that the
| 12 | | dentist authorize the procedures which
are being carried
out by | 13 | | a notation in the patient's record, but not requiring that a | 14 | | dentist
be present when the authorized
procedures are being | 15 | | performed. The
issuance of a prescription to a dental | 16 | | laboratory by a
dentist does not constitute general | 17 | | supervision.
| 18 | | "Public member" means a person who is not a health | 19 | | professional.
For purposes of board membership, any person with | 20 | | a significant financial
interest in a health service or | 21 | | profession is not a public member.
| 22 | | "Dentistry" means the healing art which is concerned with | 23 | | the
examination, diagnosis, treatment planning and care of | 24 | | conditions within
the human oral cavity and its adjacent | 25 | | tissues and structures, as further
specified in Section 17.
| 26 | | "Branches of dentistry" means the various specialties of |
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| 1 | | dentistry
which, for purposes of this Act, shall be limited to | 2 | | the following:
endodontics, oral and maxillofacial surgery, | 3 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 4 | | periodontics, prosthodontics, and oral and maxillofacial
| 5 | | radiology.
| 6 | | "Specialist" means a dentist who has received a specialty | 7 | | license
pursuant to Section 11(b).
| 8 | | "Dental technician" means a person who owns, operates or is
| 9 | | employed by a dental laboratory and engages in making, | 10 | | providing, repairing
or altering dental prosthetic appliances | 11 | | and other artificial materials and
devices which are returned | 12 | | to a dentist for insertion into the human oral
cavity or which | 13 | | come in contact with its adjacent structures and tissues.
| 14 | | "Impaired dentist" or "impaired dental hygienist" means a | 15 | | dentist
or dental hygienist who is unable to practice with
| 16 | | reasonable skill and safety because of a physical or mental | 17 | | disability as
evidenced by a written determination or written | 18 | | consent based on clinical
evidence, including deterioration | 19 | | through the aging process, loss of motor
skills, abuse of drugs | 20 | | or alcohol, or a psychiatric disorder, of sufficient
degree to | 21 | | diminish the person's ability to deliver competent patient | 22 | | care.
| 23 | | "Nurse" means a registered professional nurse, a certified | 24 | | registered
nurse anesthetist licensed as an advanced practice
| 25 | | nurse, or a licensed practical nurse licensed under the Nurse | 26 | | Practice Act.
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| 1 | | "Patient of record" means a patient for whom the patient's | 2 | | most recent
dentist has obtained
a
relevant medical and dental | 3 | | history and on whom the dentist has performed an
examination | 4 | | and evaluated the condition to be treated.
| 5 | | "Dental emergency responder" means a dentist or dental | 6 | | hygienist who is appropriately certified in emergency medical | 7 | | response, as defined by the Department of Public Health.
| 8 | | "Community dental health coordinator" or "CDHC" means a | 9 | | person trained as a member of the dental team to help navigate | 10 | | the oral health care system by providing community based | 11 | | advocacy for oral health, including, but not limited to, | 12 | | motivational counseling, patient assessment, and nutritional | 13 | | literacy. | 14 | | "Mobile dental van or portable dental unit" means any | 15 | | self-contained or portable dental unit in which dentistry is | 16 | | practiced that can be moved, towed, or transported from one | 17 | | location to another in order to establish a location where | 18 | | dental services can be provided. | 19 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
| 20 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 17. Acts Constituting the Practice of Dentistry. A | 23 | | person
practices dentistry, within the meaning of this Act:
| 24 | | (1) Who represents himself or herself as being able to | 25 | | diagnose or diagnoses,
treats, prescribes, or operates for |
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| 1 | | any disease, pain, deformity, deficiency,
injury, or | 2 | | physical condition of the human tooth, teeth, alveolar | 3 | | process,
gums or jaw; or
| 4 | | (2) Who is a manager, proprietor, operator or conductor | 5 | | of a
business where
dental operations are performed; or
| 6 | | (3) Who performs dental operations of any kind; or
| 7 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 8 | | diagnostic purposes; or
| 9 | | (5) Who extracts a human tooth or teeth, or corrects or | 10 | | attempts to
correct
malpositions of the human teeth or | 11 | | jaws; or
| 12 | | (6) Who offers or undertakes, by any means or method, | 13 | | to diagnose, treat
or remove stains, calculus, and bonding | 14 | | materials from human teeth or jaws; or
| 15 | | (7) Who uses or administers local or general | 16 | | anesthetics in the treatment
of dental or oral diseases or | 17 | | in any preparation incident to a dental operation
of any | 18 | | kind or character; or
| 19 | | (8) Who takes impressions of the human tooth, teeth, or | 20 | | jaws or performs
any phase of any operation incident to the | 21 | | replacement of a part of a tooth,
a tooth, teeth or | 22 | | associated tissues by means of a filling, crown, a bridge,
| 23 | | a denture or other appliance; or
| 24 | | (9) Who offers to furnish, supply, construct, | 25 | | reproduce or repair, or
who furnishes, supplies, | 26 | | constructs, reproduces or repairs, prosthetic
dentures, |
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| 1 | | bridges or other substitutes for natural teeth, to the user | 2 | | or
prospective user thereof; or
| 3 | | (10) Who instructs students on clinical matters or | 4 | | performs any clinical
operation included in the curricula | 5 | | of recognized dental schools and colleges; or
| 6 | | (11) Who takes impressions of human teeth or places his | 7 | | or her hands in the mouth of any person for the purpose of | 8 | | applying teeth whitening materials, or who takes | 9 | | impressions of human teeth or places his or her hands in | 10 | | the mouth of any person for the purpose of assisting in the | 11 | | application of teeth whitening materials. A person does not | 12 | | practice dentistry when he or she discloses to the consumer | 13 | | that he or she is not licensed as a dentist under this Act | 14 | | and (i) discusses the use of teeth whitening materials with | 15 | | a consumer purchasing these materials; (ii) provides | 16 | | instruction on the use of teeth whitening materials with a | 17 | | consumer purchasing these materials; or (iii) provides | 18 | | appropriate equipment on-site to the consumer for the | 19 | | consumer to self-apply teeth whitening materials. | 20 | | The fact that any person engages in or performs, or offers | 21 | | to engage in
or perform, any of the practices, acts, or | 22 | | operations set forth in this
Section, shall be prima facie | 23 | | evidence that such person is engaged in the
practice of | 24 | | dentistry.
| 25 | | The following practices, acts, and operations, however, | 26 | | are exempt from
the operation of this Act:
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| 1 | | (a) The rendering of dental relief in emergency cases | 2 | | in the practice
of his or her profession by a physician or | 3 | | surgeon, licensed as such
under the laws of this State, | 4 | | unless he or she undertakes to reproduce or reproduces
lost | 5 | | parts of the human teeth in the mouth or to restore or | 6 | | replace lost
or missing teeth in the mouth; or
| 7 | | (b) The practice of dentistry in the discharge of their | 8 | | official duties
by dentists in any branch of the Armed | 9 | | Services of the United States, the
United States Public | 10 | | Health Service, or the United States Veterans
| 11 | | Administration; or
| 12 | | (c) The practice of dentistry by students in their | 13 | | course of study
in dental schools or colleges approved by | 14 | | the Department, when acting under the
direction and | 15 | | supervision of dentists acting as instructors; or
| 16 | | (d) The practice of dentistry by clinical instructors | 17 | | in the course of
their teaching duties in dental schools or | 18 | | colleges approved by the
Department:
| 19 | | (i) when acting under the direction and | 20 | | supervision of dentists,
provided that such clinical | 21 | | instructors have instructed continuously in
this State | 22 | | since January 1, 1986; or
| 23 | | (ii) when holding the rank of full professor at | 24 | | such approved dental
school or college and possessing a | 25 | | current valid license or authorization
to practice | 26 | | dentistry in another country; or
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| 1 | | (e) The practice of dentistry by licensed dentists of | 2 | | other states or
countries at meetings of the Illinois State | 3 | | Dental Society or component
parts thereof, alumni meetings | 4 | | of dental colleges, or any other like dental
organizations, | 5 | | while appearing as clinicians; or
| 6 | | (f) The use of X-Ray machines for exposing X-Ray films | 7 | | of dental or oral
tissues by dental hygienists or dental | 8 | | assistants; or
| 9 | | (g) The performance of any dental service by a dental | 10 | | assistant, if such
service is performed under the | 11 | | supervision and full responsibility of a
dentist.
| 12 | | For purposes of this paragraph (g), "dental service" is | 13 | | defined to mean
any intraoral procedure or act which shall | 14 | | be prescribed by rule or
regulation of the Department. | 15 | | Dental service, however, shall not include:
| 16 | | (1) Any and all diagnosis of or prescription for | 17 | | treatment of disease,
pain, deformity, deficiency, | 18 | | injury or physical condition of the human teeth
or | 19 | | jaws, or adjacent structures.
| 20 | | (2) Removal of, or restoration of, or addition
to | 21 | | the hard or soft tissues of the oral cavity, except for | 22 | | the placing, carving, and finishing of amalgam | 23 | | restorations by dental assistants who have had | 24 | | additional formal education and certification as | 25 | | determined by the Department. A dentist utilizing | 26 | | dental assistants shall not supervise more than 4 |
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| 1 | | dental assistants at any one time for placing, carving, | 2 | | and finishing of amalgam restorations.
| 3 | | (3) Any and all correction of malformation of teeth | 4 | | or of the jaws.
| 5 | | (4) Administration of anesthetics, except for | 6 | | monitoring of
nitrous oxide, conscious sedation, deep | 7 | | sedation, and general anesthetic as provided in | 8 | | Section 8.1 of this Act, that may be performed only | 9 | | after successful completion of a training
program | 10 | | approved by the Department. A dentist utilizing dental | 11 | | assistants shall not supervise more than 4 dental | 12 | | assistants at any one time for the monitoring of | 13 | | nitrous oxide.
| 14 | | (5) Removal of calculus from human teeth.
| 15 | | (6) Taking of impressions for the fabrication of | 16 | | prosthetic
appliances,
crowns,
bridges, inlays, | 17 | | onlays, or other restorative or replacement
dentistry.
| 18 | | (7) The operative procedure of dental hygiene | 19 | | consisting of oral
prophylactic procedures, except for | 20 | | coronal polishing and pit and fissure sealants,
which | 21 | | may be
performed by a
dental assistant who has | 22 | | successfully completed a training program approved by
| 23 | | the Department. Dental assistants may perform coronal | 24 | | polishing under the
following circumstances: (i) the | 25 | | coronal polishing shall be limited to
polishing the
| 26 | | clinical crown of the tooth and existing restorations, |
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| 1 | | supragingivally; (ii)
the
dental assistant performing | 2 | | the coronal polishing shall be limited to the use
of
| 3 | | rotary instruments using a rubber cup or brush | 4 | | polishing method (air polishing
is
not permitted); and | 5 | | (iii) the supervising dentist shall not supervise more
| 6 | | than 4
dental assistants at any one time for the task | 7 | | of coronal polishing or pit and fissure sealants.
| 8 | | The limitations on the number of dental assistants a | 9 | | dentist may supervise contained in items (2), (4), and (7) | 10 | | of this Section mean a limit of 4 total dental assistants | 11 | | or dental hygienists doing expanded functions covered by | 12 | | these Sections being supervised by one dentist. | 13 | | (g-5) A community dental health coordinator working | 14 | | under the supervision of a dentist may perform functions | 15 | | for which the community dental health coordinator meets | 16 | | training and educational standards and that are not | 17 | | expressly prohibited by statute or rules adopted by the | 18 | | Department.
| 19 | | (h) The practice of dentistry by an individual who:
| 20 | | (i) has applied in writing to the Department, in | 21 | | form and substance
satisfactory to the Department, for | 22 | | a general dental license and has
complied with all | 23 | | provisions of Section 9 of this Act, except for the
| 24 | | passage of the examination specified in subsection | 25 | | (e) , of Section 9 , of this
Act; or
| 26 | | (ii) has applied in writing to the Department, in |
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| 1 | | form and substance
satisfactory to the Department, for | 2 | | a temporary dental license and has
complied with all | 3 | | provisions of subsection (c) , of Section 11 , of this | 4 | | Act; and
| 5 | | (iii) has been accepted or appointed for specialty | 6 | | or residency training
by a hospital situated in this | 7 | | State; or
| 8 | | (iv) has been accepted or appointed for specialty | 9 | | training in an
approved dental program situated in this | 10 | | State; or
| 11 | | (v) has been accepted or appointed for specialty | 12 | | training in a dental
public health agency situated in | 13 | | this State.
| 14 | | The applicant shall be permitted to practice dentistry | 15 | | for a period of 3
months from the starting date of the | 16 | | program, unless authorized in writing
by the Department to | 17 | | continue such practice for a period specified in
writing by | 18 | | the Department.
| 19 | | The applicant shall only be entitled to perform such | 20 | | acts as may be
prescribed by and incidental to his or her | 21 | | program of residency or specialty
training and shall not | 22 | | otherwise engage in the practice of dentistry in this
| 23 | | State.
| 24 | | The authority to practice shall terminate immediately | 25 | | upon:
| 26 | | (1) the decision of the Department that the |
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| 1 | | applicant has failed the
examination; or
| 2 | | (2) denial of licensure by the Department; or
| 3 | | (3) withdrawal of the application.
| 4 | | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | 5 | | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | 6 | | 8-16-13; revised 11-14-13.)".
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