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


Sen. William R. Haine

Filed: 3/15/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1217, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Dental Practice Act is amended by
6changing Sections 16 and 17 as 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8    (Section scheduled to be repealed on January 1, 2016)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.
10The expiration date and renewal date for each license issued
11under this Act shall be set by rule. The renewal period for
12each license issued under this Act shall be 3 years. A dentist
13or dental hygienist may renew a license during the month
14preceding its expiration date by paying the required fee. A
15dentist or dental hygienist shall provide proof of current
16Basic Life Support (BLS) certification by an organization that



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1has adopted the American Heart Association's guidelines on BLS
2intended for health care providers at the time of renewal as
3provided by rule. Basic Life Support certification training
4taken as a requirement of this Section shall be counted for no
5more than 4 hours during each licensure period towards the
6continuing education hours under Section 16.1 of this Act. The
7Department shall provide by rule for exemptions from this
8requirement for a dentist or dental hygienist with a physical
9disability that would preclude him or her from performing BLS.
10    Any dentist or dental hygienist whose license has expired
11or whose license is on inactive status may have his license
12restored at any time within 5 years after the expiration
13thereof, upon payment of the required fee and a showing of
14proof of compliance with current continuing education
15requirements, as provided by rule.
16    Any person whose license has been expired for more than 5
17years or who has had his license on inactive status for more
18than 5 years may have his license restored by making
19application to the Department and filing proof acceptable to
20the Department of taking continuing education and of his
21fitness to have the license restored, including sworn evidence
22certifying to active practice in another jurisdiction, and by
23paying the required restoration fee. A person practicing on an
24expired license is deemed to be practicing without a license.
25However, a holder of a license may renew the license within 90
26days after its expiration by complying with the requirements



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1for renewal and payment of an additional fee. A license renewal
2within 90 days after expiration shall be effective
3retroactively to the expiration date.
4    If a person whose license has expired or who has had his
5license on inactive status for more than 5 years has not
6maintained an active practice satisfactory to the department,
7the Department shall determine, by an evaluation process
8established by rule, his or her fitness to resume active status
9and may require the person to complete a period of evaluated
10clinical experience and may require successful completion of a
11practical examination.
12    However, any person whose license expired while he or she
13was (i) on active duty with the Armed Forces of the United
14States or called into service or training by the State militia
15or (ii) in training or education under the supervision of the
16United States preliminary to induction into the military
17service, may have his or her license renewed, reinstated, or
18restored without paying any lapsed renewal or restoration fee,
19if within 2 years after termination of such service, training,
20or education other than by dishonorable discharge, he or she
21furnishes the Department with satisfactory proof that he or she
22has been so engaged and that his or her service, training, or
23education has been so terminated.
24(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12;
2597-1013, eff. 8-17-12.)



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1    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 17. Acts Constituting the Practice of Dentistry. A
4person practices dentistry, within the meaning of this Act:
5        (1) Who represents himself or herself as being able to
6    diagnose or diagnoses, treats, prescribes, or operates for
7    any disease, pain, deformity, deficiency, injury, or
8    physical condition of the human tooth, teeth, alveolar
9    process, gums or jaw; or
10        (2) Who is a manager, proprietor, operator or conductor
11    of a business where dental operations are performed; or
12        (3) Who performs dental operations of any kind; or
13        (4) Who uses an X-Ray machine or X-Ray films for dental
14    diagnostic purposes; or
15        (5) Who extracts a human tooth or teeth, or corrects or
16    attempts to correct malpositions of the human teeth or
17    jaws; or
18        (6) Who offers or undertakes, by any means or method,
19    to diagnose, treat or remove stains, calculus, and bonding
20    materials from human teeth or jaws; or
21        (7) Who uses or administers local or general
22    anesthetics in the treatment of dental or oral diseases or
23    in any preparation incident to a dental operation of any
24    kind or character; or
25        (8) Who takes impressions of the human tooth, teeth, or
26    jaws or performs any phase of any operation incident to the



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1    replacement of a part of a tooth, a tooth, teeth or
2    associated tissues by means of a filling, crown, a bridge,
3    a denture or other appliance; or
4        (9) Who offers to furnish, supply, construct,
5    reproduce or repair, or who furnishes, supplies,
6    constructs, reproduces or repairs, prosthetic dentures,
7    bridges or other substitutes for natural teeth, to the user
8    or prospective user thereof; or
9        (10) Who instructs students on clinical matters or
10    performs any clinical operation included in the curricula
11    of recognized dental schools and colleges; or
12        (11) Who takes impressions of human teeth or places his
13    or her hands in the mouth of any person for the purpose of
14    applying teeth whitening materials, or who takes
15    impressions of human teeth or places his or her hands in
16    the mouth of any person for the purpose of assisting in the
17    application of teeth whitening materials. A person does not
18    practice dentistry when he or she discloses to the consumer
19    that he or she is not licensed as a dentist under this Act
20    and (i) discusses the use of teeth whitening materials with
21    a consumer purchasing these materials; (ii) provides
22    instruction on the use of teeth whitening materials with a
23    consumer purchasing these materials; or (iii) provides
24    appropriate equipment on-site to the consumer for the
25    consumer to self-apply teeth whitening materials.
26    The fact that any person engages in or performs, or offers



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1to engage in or perform, any of the practices, acts, or
2operations set forth in this Section, shall be prima facie
3evidence that such person is engaged in the practice of
5    The following practices, acts, and operations, however,
6are exempt from the operation of this Act:
7        (a) The rendering of dental relief in emergency cases
8    in the practice of his or her profession by a physician or
9    surgeon, licensed as such under the laws of this State,
10    unless he or she undertakes to reproduce or reproduces lost
11    parts of the human teeth in the mouth or to restore or
12    replace lost or missing teeth in the mouth; or
13        (b) The practice of dentistry in the discharge of their
14    official duties by dentists in any branch of the Armed
15    Services of the United States, the United States Public
16    Health Service, or the United States Veterans
17    Administration; or
18        (c) The practice of dentistry by students in their
19    course of study in dental schools or colleges approved by
20    the Department, when acting under the direction and
21    supervision of dentists acting as instructors; or
22        (d) The practice of dentistry by clinical instructors
23    in the course of their teaching duties in dental schools or
24    colleges approved by the Department:
25            (i) when acting under the direction and
26        supervision of dentists, provided that such clinical



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1        instructors have instructed continuously in this State
2        since January 1, 1986; or
3            (ii) when holding the rank of full professor at
4        such approved dental school or college and possessing a
5        current valid license or authorization to practice
6        dentistry in another country; or
7        (e) The practice of dentistry by licensed dentists of
8    other states or countries at meetings of the Illinois State
9    Dental Society or component parts thereof, alumni meetings
10    of dental colleges, or any other like dental organizations,
11    while appearing as clinicians; or
12        (f) The use of X-Ray machines for exposing X-Ray films
13    of dental or oral tissues by dental hygienists or dental
14    assistants; or
15        (g) The performance of any dental service by a dental
16    assistant, if such service is performed under the
17    supervision and full responsibility of a dentist.
18        For purposes of this paragraph (g), "dental service" is
19    defined to mean any intraoral procedure or act which shall
20    be prescribed by rule or regulation of the Department.
21    Dental service, however, shall not include:
22            (1) Any and all diagnosis of or prescription for
23        treatment of disease, pain, deformity, deficiency,
24        injury or physical condition of the human teeth or
25        jaws, or adjacent structures.
26            (2) Removal of, or restoration of, or addition to



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1        the hard or soft tissues of the oral cavity, except for
2        the placing, carving, and finishing of amalgam
3        restorations by dental assistants who have had
4        additional formal education and certification as
5        determined by the Department. A dentist utilizing
6        dental assistants shall not supervise more than 4
7        dental assistants at any one time for placing, carving,
8        and finishing of amalgam restorations.
9            (3) Any and all correction of malformation of teeth
10        or of the jaws.
11            (4) Administration of anesthetics, except for
12        monitoring application of topical anesthetics and
13        monitoring of nitrous oxide. Monitoring of nitrous
14        oxide, conscious sedation, deep sedation, and general
15        anesthetic as provided in Section 8.1 of this Act, that
16        may be performed only after successful completion of a
17        training program approved by the Department. A dentist
18        utilizing dental assistants shall not supervise more
19        than 4 dental assistants at any one time for the
20        monitoring of nitrous oxide.
21            (5) Removal of calculus from human teeth.
22            (6) Taking of impressions for the fabrication of
23        prosthetic appliances, crowns, bridges, inlays,
24        onlays, or other restorative or replacement dentistry.
25            (7) The operative procedure of dental hygiene
26        consisting of oral prophylactic procedures, except for



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1        coronal polishing and pit and fissure sealants, which
2        may be performed by a dental assistant who has
3        successfully completed a training program approved by
4        the Department. Dental assistants may perform coronal
5        polishing under the following circumstances: (i) the
6        coronal polishing shall be limited to polishing the
7        clinical crown of the tooth and existing restorations,
8        supragingivally; (ii) the dental assistant performing
9        the coronal polishing shall be limited to the use of
10        rotary instruments using a rubber cup or brush
11        polishing method (air polishing is not permitted); and
12        (iii) the supervising dentist shall not supervise more
13        than 4 dental assistants at any one time for the task
14        of coronal polishing or pit and fissure sealants.
15        The limitations on the number of dental assistants a
16    dentist may supervise contained in items (2), (4), and (7)
17    of this Section mean a limit of 4 total dental assistants
18    or dental hygienists doing expanded functions covered by
19    these Sections being supervised by one dentist.
20        (h) The practice of dentistry by an individual who:
21            (i) has applied in writing to the Department, in
22        form and substance satisfactory to the Department, for
23        a general dental license and has complied with all
24        provisions of Section 9 of this Act, except for the
25        passage of the examination specified in subsection
26        (e), of Section 9, of this Act; or



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1            (ii) has applied in writing to the Department, in
2        form and substance satisfactory to the Department, for
3        a temporary dental license and has complied with all
4        provisions of subsection (c), of Section 11, of this
5        Act; and
6            (iii) has been accepted or appointed for specialty
7        or residency training by a hospital situated in this
8        State; or
9            (iv) has been accepted or appointed for specialty
10        training in an approved dental program situated in this
11        State; or
12            (v) has been accepted or appointed for specialty
13        training in a dental public health agency situated in
14        this State.
15        The applicant shall be permitted to practice dentistry
16    for a period of 3 months from the starting date of the
17    program, unless authorized in writing by the Department to
18    continue such practice for a period specified in writing by
19    the Department.
20        The applicant shall only be entitled to perform such
21    acts as may be prescribed by and incidental to his or her
22    program of residency or specialty training and shall not
23    otherwise engage in the practice of dentistry in this
24    State.
25        The authority to practice shall terminate immediately
26    upon:



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1            (1) the decision of the Department that the
2        applicant has failed the examination; or
3            (2) denial of licensure by the Department; or
4            (3) withdrawal of the application.
5(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12;
697-886, eff. 8-2-12; 97-1013, eff. 8-17-12; revised