Full Text of SB1217 98th General Assembly
SB1217enr 98TH 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 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| 7 | | (Section scheduled to be repealed on January 1, 2016)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.
| 9 | | The expiration
date and renewal date for each license issued | 10 | | under this Act shall
be set by
rule. The renewal period for | 11 | | each license issued under this Act shall be 3 years. A dentist | 12 | | or dental hygienist may renew a license during the month
| 13 | | preceding its expiration date by paying the required fee. A | 14 | | dentist or dental hygienist
shall provide proof of current | 15 | | Basic Life Support (BLS) certification by an organization that | 16 | | has adopted the American Heart Association's guidelines on BLS | 17 | | intended for health care providers at
the time of renewal as | 18 | | provided by rule . Basic Life Support certification training | 19 | | taken as a requirement of this Section shall be counted for no | 20 | | more than 4 hours during each licensure period towards the | 21 | | continuing education hours under Section 16.1 of this Act. The | 22 | | Department shall provide by rule for exemptions from this | 23 | | requirement for a dentist or dental hygienist with a physical |
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| 1 | | disability that would preclude him or her from performing BLS.
| 2 | | Any dentist or dental hygienist whose license has expired | 3 | | or whose license is
on inactive status may have his license | 4 | | restored at any time within 5 years
after the expiration | 5 | | thereof, upon payment of the required fee and a showing of | 6 | | proof of compliance with current continuing education | 7 | | requirements, as provided by rule.
| 8 | | Any person whose license has been expired for more than 5 | 9 | | years or who has
had his license on inactive status for more | 10 | | than 5 years may have his license
restored by making | 11 | | application to the Department and filing proof acceptable to
| 12 | | the Department of taking continuing education and of his | 13 | | fitness to have the license restored, including sworn
evidence | 14 | | certifying to active practice in another jurisdiction, and by | 15 | | paying
the required restoration fee. A person practicing on an | 16 | | expired license is
deemed to be practicing without a license. | 17 | | However, a holder of a license may renew the license within 90 | 18 | | days after its expiration by complying with the requirements | 19 | | for renewal and payment of an additional fee. A license renewal | 20 | | within 90 days after expiration shall be effective | 21 | | retroactively to the expiration date.
| 22 | | If a person whose license has expired or who has had his | 23 | | license on inactive
status for more than 5 years has not | 24 | | maintained an active practice satisfactory
to the department, | 25 | | the Department shall determine, by
an evaluation process | 26 | | established by rule, his or her fitness to resume
active status |
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| 1 | | and may require the person to complete a period of evaluated
| 2 | | clinical experience and may require successful completion of a | 3 | | practical
examination.
| 4 | | However, any person whose license
expired while he or she | 5 | | was (i) on active duty with the Armed Forces of the United | 6 | | States or called into service or training by the State militia | 7 | | or (ii) in training or education under the supervision of the | 8 | | United
States preliminary to induction into the military | 9 | | service, may have his
or her license renewed, reinstated, or | 10 | | restored without paying any lapsed
renewal or restoration fee, | 11 | | if within 2 years after termination of such
service, training, | 12 | | or education other than by dishonorable discharge, he or she
| 13 | | furnishes the Department with satisfactory proof that he or she | 14 | | has been so
engaged and that his or her service, training, or | 15 | | education has been so terminated.
| 16 | | (Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12; | 17 | | 97-1013, 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 | 21 | | person
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 | 19 | | to engage in
or perform, any of the practices, acts, or | 20 | | operations set forth in this
Section, shall be prima facie | 21 | | evidence that such person is engaged in the
practice of | 22 | | dentistry.
| 23 | | The following practices, acts, and operations, however, | 24 | | are 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; | 24 | | 97-886, eff. 8-2-12; 97-1013, eff. 8-17-12; revised 8-23-12.)
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