Full Text of SB1217 98th General Assembly
SB1217 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1217 Introduced 1/30/2013, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
| 225 ILCS 25/16 | from Ch. 111, par. 2316 | 225 ILCS 25/17 | from Ch. 111, par. 2317 | 225 ILCS 25/54.3 new | |
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Amends the Illinois Dental Practice Act. Provides that a dentist may administer vaccinations as a public health service upon completion of appropriate training on how to address contraindications and adverse reactions. Makes changes concerning proof of current Basic Life Support certification and the definition of "dental service".
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| | A BILL FOR |
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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 Sections 16 and 17 and by adding Section 54.3 as | 6 | | follows:
| 7 | | (225 ILCS 25/16) (from Ch. 111, par. 2316)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 16. Expiration, renewal and restoration of licenses.
| 10 | | The expiration
date and renewal date for each license issued | 11 | | under this Act shall
be set by
rule. The renewal period for | 12 | | each license issued under this Act shall be 3 years. A dentist | 13 | | or dental hygienist may renew a license during the month
| 14 | | preceding its expiration date by paying the required fee. A | 15 | | dentist or dental hygienist
shall provide proof of current | 16 | | Basic Life Support (BLS) certification by an organization that | 17 | | has adopted the American Heart Association's guidelines on BLS | 18 | | intended for health care providers at
the time of renewal. | 19 | | Basic Life Support certification training taken as a | 20 | | requirement of this Section shall be counted for no more than 4 | 21 | | hours during each licensure period towards the continuing | 22 | | education hours under Section 16.1 of this Act. The Department | 23 | | shall provide by rule for exemptions from this requirement for |
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| 1 | | a dentist or dental hygienist with a physical disability that | 2 | | would preclude him or her from performing BLS.
| 3 | | Any dentist or dental hygienist whose license has expired | 4 | | or whose license is
on inactive status may have his license | 5 | | restored at any time within 5 years
after the expiration | 6 | | thereof, upon payment of the required fee and a showing of | 7 | | proof of compliance with current continuing education | 8 | | requirements, as provided by rule.
| 9 | | Any person whose license has been expired for more than 5 | 10 | | years or who has
had his license on inactive status for more | 11 | | than 5 years may have his license
restored by making | 12 | | application to the Department and filing proof acceptable to
| 13 | | the Department of taking continuing education and of his | 14 | | fitness to have the license restored, including sworn
evidence | 15 | | certifying to active practice in another jurisdiction, and by | 16 | | paying
the required restoration fee. A person practicing on an | 17 | | expired license is
deemed to be practicing without a license. | 18 | | However, a holder of a license may renew the license within 90 | 19 | | days after its expiration by complying with the requirements | 20 | | for renewal and payment of an additional fee. A license renewal | 21 | | within 90 days after expiration shall be effective | 22 | | retroactively to the expiration date.
| 23 | | If a person whose license has expired or who has had his | 24 | | license on inactive
status for more than 5 years has not | 25 | | maintained an active practice satisfactory
to the department, | 26 | | the Department shall determine, by
an evaluation process |
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| 1 | | established by rule, his or her fitness to resume
active status | 2 | | and may require the person to complete a period of evaluated
| 3 | | clinical experience and may require successful completion of a | 4 | | practical
examination.
| 5 | | However, any person whose license
expired while he or she | 6 | | was (i) on active duty with the Armed Forces of the United | 7 | | States or called into service or training by the State militia | 8 | | or (ii) in training or education under the supervision of the | 9 | | United
States preliminary to induction into the military | 10 | | service, may have his
or her license renewed, reinstated, or | 11 | | restored without paying any lapsed
renewal or restoration fee, | 12 | | if within 2 years after termination of such
service, training, | 13 | | or education other than by dishonorable discharge, he or she
| 14 | | furnishes the Department with satisfactory proof that he or she | 15 | | has been so
engaged and that his or her service, training, or | 16 | | education has been so terminated.
| 17 | | (Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12; | 18 | | 97-1013, eff. 8-17-12.)
| 19 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 17. Acts Constituting the Practice of Dentistry. A | 22 | | person
practices dentistry, within the meaning of this Act:
| 23 | | (1) Who represents himself or herself as being able to | 24 | | diagnose or diagnoses,
treats, prescribes, or operates for | 25 | | any disease, pain, deformity, deficiency,
injury, or |
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| 1 | | physical condition of the human tooth, teeth, alveolar | 2 | | process,
gums or jaw; or
| 3 | | (2) Who is a manager, proprietor, operator or conductor | 4 | | of a
business where
dental operations are performed; or
| 5 | | (3) Who performs dental operations of any kind; or
| 6 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 7 | | diagnostic purposes; or
| 8 | | (5) Who extracts a human tooth or teeth, or corrects or | 9 | | attempts to
correct
malpositions of the human teeth or | 10 | | jaws; or
| 11 | | (6) Who offers or undertakes, by any means or method, | 12 | | to diagnose, treat
or remove stains, calculus, and bonding | 13 | | materials from human teeth or jaws; or
| 14 | | (7) Who uses or administers local or general | 15 | | anesthetics in the treatment
of dental or oral diseases or | 16 | | in any preparation incident to a dental operation
of any | 17 | | kind or character; or
| 18 | | (8) Who takes impressions of the human tooth, teeth, or | 19 | | jaws or performs
any phase of any operation incident to the | 20 | | replacement of a part of a tooth,
a tooth, teeth or | 21 | | associated tissues by means of a filling, crown, a bridge,
| 22 | | a denture or other appliance; or
| 23 | | (9) Who offers to furnish, supply, construct, | 24 | | reproduce or repair, or
who furnishes, supplies, | 25 | | constructs, reproduces or repairs, prosthetic
dentures, | 26 | | bridges or other substitutes for natural teeth, to the user |
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| 1 | | or
prospective user thereof; or
| 2 | | (10) Who instructs students on clinical matters or | 3 | | performs any clinical
operation included in the curricula | 4 | | of recognized dental schools and colleges; or
| 5 | | (11) Who takes impressions of human teeth or places his | 6 | | or her hands in the mouth of any person for the purpose of | 7 | | applying teeth whitening materials, or who takes | 8 | | impressions of human teeth or places his or her hands in | 9 | | the mouth of any person for the purpose of assisting in the | 10 | | application of teeth whitening materials. A person does not | 11 | | practice dentistry when he or she discloses to the consumer | 12 | | that he or she is not licensed as a dentist under this Act | 13 | | and (i) discusses the use of teeth whitening materials with | 14 | | a consumer purchasing these materials; (ii) provides | 15 | | instruction on the use of teeth whitening materials with a | 16 | | consumer purchasing these materials; or (iii) provides | 17 | | appropriate equipment on-site to the consumer for the | 18 | | consumer to self-apply teeth whitening materials. | 19 | | The fact that any person engages in or performs, or offers | 20 | | to engage in
or perform, any of the practices, acts, or | 21 | | operations set forth in this
Section, shall be prima facie | 22 | | evidence that such person is engaged in the
practice of | 23 | | dentistry.
| 24 | | The following practices, acts, and operations, however, | 25 | | are exempt from
the operation of this Act:
| 26 | | (a) The rendering of dental relief in emergency cases |
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| 1 | | in the practice
of his or her profession by a physician or | 2 | | surgeon, licensed as such
under the laws of this State, | 3 | | unless he or she undertakes to reproduce or reproduces
lost | 4 | | parts of the human teeth in the mouth or to restore or | 5 | | replace lost
or missing teeth in the mouth; or
| 6 | | (b) The practice of dentistry in the discharge of their | 7 | | official duties
by dentists in any branch of the Armed | 8 | | Services of the United States, the
United States Public | 9 | | Health Service, or the United States Veterans
| 10 | | Administration; or
| 11 | | (c) The practice of dentistry by students in their | 12 | | course of study
in dental schools or colleges approved by | 13 | | the Department, when acting under the
direction and | 14 | | supervision of dentists acting as instructors; or
| 15 | | (d) The practice of dentistry by clinical instructors | 16 | | in the course of
their teaching duties in dental schools or | 17 | | colleges approved by the
Department:
| 18 | | (i) when acting under the direction and | 19 | | supervision of dentists,
provided that such clinical | 20 | | instructors have instructed continuously in
this State | 21 | | since January 1, 1986; or
| 22 | | (ii) when holding the rank of full professor at | 23 | | such approved dental
school or college and possessing a | 24 | | current valid license or authorization
to practice | 25 | | dentistry in another country; or
| 26 | | (e) The practice of dentistry by licensed dentists of |
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| 1 | | other states or
countries at meetings of the Illinois State | 2 | | Dental Society or component
parts thereof, alumni meetings | 3 | | of dental colleges, or any other like dental
organizations, | 4 | | while appearing as clinicians; or
| 5 | | (f) The use of X-Ray machines for exposing X-Ray films | 6 | | of dental or oral
tissues by dental hygienists or dental | 7 | | assistants; or
| 8 | | (g) The performance of any dental service by a dental | 9 | | assistant, if such
service is performed under the | 10 | | supervision and full responsibility of a
dentist.
| 11 | | For purposes of this paragraph (g), "dental service" is | 12 | | defined to mean
any intraoral procedure or act which shall | 13 | | be prescribed by rule or
regulation of the Department. | 14 | | Dental service, however, shall not include:
| 15 | | (1) Any and all diagnosis of or prescription for | 16 | | treatment of disease,
pain, deformity, deficiency, | 17 | | injury or physical condition of the human teeth
or | 18 | | jaws, or adjacent structures.
| 19 | | (2) Removal of, or restoration of, or addition
to | 20 | | the hard or soft tissues of the oral cavity, except for | 21 | | the placing, carving, and finishing of amalgam | 22 | | restorations by dental assistants who have had | 23 | | additional formal education and certification as | 24 | | determined by the Department. A dentist utilizing | 25 | | dental assistants shall not supervise more than 4 | 26 | | dental assistants at any one time for placing, carving, |
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| 1 | | and finishing of amalgam restorations.
| 2 | | (3) Any and all correction of malformation of teeth | 3 | | or of the jaws.
| 4 | | (4) Administration of anesthetics, except for | 5 | | monitoring application of topical
anesthetics and | 6 | | monitoring of nitrous oxide. Monitoring of
nitrous | 7 | | oxide , conscious sedation, deep sedation, and general | 8 | | anesthetic as provided in Section 8.1 of this Act, that | 9 | | may be performed only after successful completion of a | 10 | | training
program approved by the Department. A dentist | 11 | | utilizing dental assistants shall not supervise more | 12 | | than 4 dental assistants at any one time for the | 13 | | monitoring of 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 | | (h) The practice of dentistry by an individual who:
| 14 | | (i) has applied in writing to the Department, in | 15 | | form and substance
satisfactory to the Department, for | 16 | | a general dental license and has
complied with all | 17 | | provisions of Section 9 of this Act, except for the
| 18 | | passage of the examination specified in subsection | 19 | | (e), of Section 9, of this
Act; or
| 20 | | (ii) has applied in writing to the Department, in | 21 | | form and substance
satisfactory to the Department, for | 22 | | a temporary dental license and has
complied with all | 23 | | provisions of subsection (c), of Section 11, of this | 24 | | Act; and
| 25 | | (iii) has been accepted or appointed for specialty | 26 | | or residency training
by a hospital situated in this |
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| 1 | | State; or
| 2 | | (iv) has been accepted or appointed for specialty | 3 | | training in an
approved dental program situated in this | 4 | | State; or
| 5 | | (v) has been accepted or appointed for specialty | 6 | | training in a dental
public health agency situated in | 7 | | this State.
| 8 | | The applicant shall be permitted to practice dentistry | 9 | | for a period of 3
months from the starting date of the | 10 | | program, unless authorized in writing
by the Department to | 11 | | continue such practice for a period specified in
writing by | 12 | | the Department.
| 13 | | The applicant shall only be entitled to perform such | 14 | | acts as may be
prescribed by and incidental to his or her | 15 | | program of residency or specialty
training and shall not | 16 | | otherwise engage in the practice of dentistry in this
| 17 | | State.
| 18 | | The authority to practice shall terminate immediately | 19 | | upon:
| 20 | | (1) the decision of the Department that the | 21 | | applicant has failed the
examination; or
| 22 | | (2) denial of licensure by the Department; or
| 23 | | (3) withdrawal of the application.
| 24 | | (Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12; | 25 | | 97-886, eff. 8-2-12; 97-1013, eff. 8-17-12; revised 8-23-12.)
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| 1 | | (225 ILCS 25/54.3 new) | 2 | | Sec. 54.3. Vaccinations; immunizations. Notwithstanding | 3 | | Section 54.2 of this Act, a dentist may administer vaccinations | 4 | | as a public health service upon completion of appropriate | 5 | | training on how to address contraindications and adverse | 6 | | reactions.
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