Full Text of HB0500 99th General Assembly
HB0500sam001 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 5/25/2015
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| 1 | | AMENDMENT TO HOUSE BILL 500
| 2 | | AMENDMENT NO. ______. Amend House Bill 500 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 17 and 18 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| 7 | | (Section scheduled to be repealed on January 1, 2016)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 or herself as being able to | 11 | | diagnose or diagnoses,
treats, prescribes, or operates for | 12 | | any disease, pain, deformity, deficiency,
injury, or | 13 | | physical condition of the human tooth, teeth, alveolar | 14 | | process,
gums or jaw; or
| 15 | | (2) Who is a manager, proprietor, operator or conductor | 16 | | of a
business where
dental operations are performed; or
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| 1 | | (3) Who performs dental operations of any kind; or
| 2 | | (4) Who uses an X-Ray machine or X-Ray films for
dental | 3 | | diagnostic purposes; or
| 4 | | (5) Who extracts a human tooth or teeth, or corrects or | 5 | | attempts to
correct
malpositions of the human teeth or | 6 | | jaws; or
| 7 | | (6) Who offers or undertakes, by any means or method, | 8 | | to diagnose, treat
or remove stains, calculus, and bonding | 9 | | materials from human teeth or jaws; or
| 10 | | (7) Who uses or administers local or general | 11 | | anesthetics in the treatment
of dental or oral diseases or | 12 | | in any preparation incident to a dental operation
of any | 13 | | kind or character; or
| 14 | | (8) Who takes impressions of the human tooth, teeth, or | 15 | | jaws or performs
any phase of any operation incident to the | 16 | | replacement of a part of a tooth,
a tooth, teeth or | 17 | | associated tissues by means of a filling, crown, a bridge,
| 18 | | a denture or other appliance; or
| 19 | | (9) Who offers to furnish, supply, construct, | 20 | | reproduce or repair, or
who furnishes, supplies, | 21 | | constructs, reproduces or repairs, prosthetic
dentures, | 22 | | bridges or other substitutes for natural teeth, to the user | 23 | | or
prospective user thereof; or
| 24 | | (10) Who instructs students on clinical matters or | 25 | | performs any clinical
operation included in the curricula | 26 | | of recognized dental schools and colleges; or
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| 1 | | (11) Who takes impressions of human teeth or places his | 2 | | or her hands in the mouth of any person for the purpose of | 3 | | applying teeth whitening materials, or who takes | 4 | | impressions of human teeth or places his or her hands in | 5 | | the mouth of any person for the purpose of assisting in the | 6 | | application of teeth whitening materials. A person does not | 7 | | practice dentistry when he or she discloses to the consumer | 8 | | that he or she is not licensed as a dentist under this Act | 9 | | and (i) discusses the use of teeth whitening materials with | 10 | | a consumer purchasing these materials; (ii) provides | 11 | | instruction on the use of teeth whitening materials with a | 12 | | consumer purchasing these materials; or (iii) provides | 13 | | appropriate equipment on-site to the consumer for the | 14 | | consumer to self-apply teeth whitening materials. | 15 | | The fact that any person engages in or performs, or offers | 16 | | to engage in
or perform, any of the practices, acts, or | 17 | | operations set forth in this
Section, shall be prima facie | 18 | | evidence that such person is engaged in the
practice of | 19 | | dentistry.
| 20 | | The following practices, acts, and operations, however, | 21 | | are exempt from
the operation of this Act:
| 22 | | (a) The rendering of dental relief in emergency cases | 23 | | in the practice
of his or her profession by a physician or | 24 | | surgeon, licensed as such
under the laws of this State, | 25 | | unless he or she undertakes to reproduce or reproduces
lost | 26 | | parts of the human teeth in the mouth or to restore or |
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| 1 | | replace lost
or missing teeth in the mouth; or
| 2 | | (b) The practice of dentistry in the discharge of their | 3 | | official duties
by dentists in any branch of the Armed | 4 | | Services of the United States, the
United States Public | 5 | | Health Service, or the United States Veterans
| 6 | | Administration; or
| 7 | | (c) The practice of dentistry by students in their | 8 | | course of study
in dental schools or colleges approved by | 9 | | the Department, when acting under the
direction and | 10 | | supervision of dentists acting as instructors; or
| 11 | | (d) The practice of dentistry by clinical instructors | 12 | | in the course of
their teaching duties in dental schools or | 13 | | colleges approved by the
Department:
| 14 | | (i) when acting under the direction and | 15 | | supervision of dentists,
provided that such clinical | 16 | | instructors have instructed continuously in
this State | 17 | | since January 1, 1986; or
| 18 | | (ii) when holding the rank of full professor at | 19 | | such approved dental
school or college and possessing a | 20 | | current valid license or authorization
to practice | 21 | | dentistry in another country; or
| 22 | | (e) The practice of dentistry by licensed dentists of | 23 | | other states or
countries at meetings of the Illinois State | 24 | | Dental Society or component
parts thereof, alumni meetings | 25 | | of dental colleges, or any other like dental
organizations, | 26 | | while appearing as clinicians; or
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| 1 | | (f) The use of X-Ray machines for exposing X-Ray films | 2 | | of dental or oral
tissues by dental hygienists or dental | 3 | | assistants; or
| 4 | | (g) The performance of any dental service by a dental | 5 | | assistant, if such
service is performed under the | 6 | | supervision and full responsibility of a
dentist.
| 7 | | For purposes of this paragraph (g), "dental service" is | 8 | | defined to mean
any intraoral procedure or act which shall | 9 | | be prescribed by rule or
regulation of the Department. | 10 | | Dental service, however, shall not include:
| 11 | | (1) Any and all diagnosis of or prescription for | 12 | | treatment of disease,
pain, deformity, deficiency, | 13 | | injury or physical condition of the human teeth
or | 14 | | jaws, or adjacent structures.
| 15 | | (2) Removal of, or restoration of, or addition
to | 16 | | the hard or soft tissues of the oral cavity, except for | 17 | | the placing, carving, and finishing of amalgam | 18 | | restorations by dental assistants who have had | 19 | | additional formal education and certification as | 20 | | determined by the Department. A dentist utilizing | 21 | | dental assistants shall not supervise more than 4 | 22 | | dental assistants at any one time for placing, carving, | 23 | | and finishing of amalgam restorations.
| 24 | | (3) Any and all correction of malformation of teeth | 25 | | or of the jaws.
| 26 | | (4) Administration of anesthetics, except for |
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| 1 | | monitoring of
nitrous oxide, conscious sedation, deep | 2 | | sedation, and general anesthetic as provided in | 3 | | Section 8.1 of this Act, that may be performed only | 4 | | after successful completion of a training
program | 5 | | approved by the Department. A dentist utilizing dental | 6 | | assistants shall not supervise more than 4 dental | 7 | | assistants at any one time for the monitoring of | 8 | | nitrous oxide.
| 9 | | (5) Removal of calculus from human teeth.
| 10 | | (6) Taking of impressions for the fabrication of | 11 | | prosthetic
appliances,
crowns,
bridges, inlays, | 12 | | onlays, or other restorative or replacement
dentistry.
| 13 | | (7) The operative procedure of dental hygiene | 14 | | consisting of oral
prophylactic procedures, except for | 15 | | coronal polishing and pit and fissure sealants,
which | 16 | | may be
performed by a
dental assistant who has | 17 | | successfully completed a training program approved by
| 18 | | the Department. Dental assistants may perform coronal | 19 | | polishing under the
following circumstances: (i) the | 20 | | coronal polishing shall be limited to
polishing the
| 21 | | clinical crown of the tooth and existing restorations, | 22 | | supragingivally; (ii)
the
dental assistant performing | 23 | | the coronal polishing shall be limited to the use
of
| 24 | | rotary instruments using a rubber cup or brush | 25 | | polishing method (air polishing
is
not permitted); and | 26 | | (iii) the supervising dentist shall not supervise more
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| 1 | | than 4
dental assistants at any one time for the task | 2 | | of coronal polishing or pit and fissure sealants.
| 3 | | In addition to coronal polishing and pit and | 4 | | fissure sealants as described in this paragraph (7), a | 5 | | dental assistant who has successfully completed a | 6 | | training program approved by the Department may | 7 | | perform light scaling on patients 12 years and younger | 8 | | in the absence of periodontal disease and intracoronal | 9 | | temporization of a tooth. A dental assistant | 10 | | performing these functions shall be limited to the use | 11 | | of hand instruments only. | 12 | | The limitations on the number of dental assistants a | 13 | | dentist may supervise contained in items (2), (4), and (7) | 14 | | of this paragraph (g) mean a limit of 4 total dental | 15 | | assistants or dental hygienists doing expanded functions | 16 | | covered by these Sections being supervised by one dentist. | 17 | | (h) The practice of dentistry by an individual who:
| 18 | | (i) has applied in writing to the Department, in | 19 | | form and substance
satisfactory to the Department, for | 20 | | a general dental license and has
complied with all | 21 | | provisions of Section 9 of this Act, except for the
| 22 | | passage of the examination specified in subsection (e) | 23 | | of Section 9 of this
Act; or
| 24 | | (ii) has applied in writing to the Department, in | 25 | | form and substance
satisfactory to the Department, for | 26 | | a temporary dental license and has
complied with all |
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| 1 | | provisions of subsection (c) of Section 11 of this Act; | 2 | | and
| 3 | | (iii) has been accepted or appointed for specialty | 4 | | or residency training
by a hospital situated in this | 5 | | State; or
| 6 | | (iv) has been accepted or appointed for specialty | 7 | | training in an
approved dental program situated in this | 8 | | State; or
| 9 | | (v) has been accepted or appointed for specialty | 10 | | training in a dental
public health agency situated in | 11 | | this State.
| 12 | | The applicant shall be permitted to practice dentistry | 13 | | for a period of 3
months from the starting date of the | 14 | | program, unless authorized in writing
by the Department to | 15 | | continue such practice for a period specified in
writing by | 16 | | the Department.
| 17 | | The applicant shall only be entitled to perform such | 18 | | acts as may be
prescribed by and incidental to his or her | 19 | | program of residency or specialty
training and shall not | 20 | | otherwise engage in the practice of dentistry in this
| 21 | | State.
| 22 | | The authority to practice shall terminate immediately | 23 | | upon:
| 24 | | (1) the decision of the Department that the | 25 | | applicant has failed the
examination; or
| 26 | | (2) denial of licensure by the Department; or
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| 1 | | (3) withdrawal of the application.
| 2 | | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | 3 | | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | 4 | | 8-16-13; 98-756, eff. 7-16-14.)
| 5 | | (225 ILCS 25/18)
(from Ch. 111, par. 2318)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 18. Acts constituting the practice of dental hygiene;
| 8 | | limitations. | 9 | | (a) A person practices dental hygiene within the meaning of | 10 | | this Act when
he or she performs the following acts under the | 11 | | supervision of a dentist:
| 12 | | (i) the operative procedure of dental hygiene, | 13 | | consisting of oral
prophylactic procedures;
| 14 | | (ii) the exposure and processing of X-Ray films of | 15 | | the teeth and
surrounding structures;
| 16 | | (iii) the application to the surfaces of the teeth | 17 | | or gums of chemical
compounds designed to be | 18 | | desensitizing agents or effective agents in the
| 19 | | prevention of dental caries or periodontal disease;
| 20 | | (iv) all services which may be performed by a
| 21 | | dental assistant as specified by rule pursuant to | 22 | | Section 17, and a dental hygienist may engage in the | 23 | | placing, carving, and finishing of amalgam | 24 | | restorations only after obtaining formal education and | 25 | | certification as determined by the Department;
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| 1 | | (v) administration and monitoring of nitrous oxide | 2 | | upon successful
completion of a
training program | 3 | | approved by the Department;
| 4 | | (vi) administration of local anesthetics upon | 5 | | successful completion of
a
training program approved | 6 | | by the Department; and
| 7 | | (vii) such other procedures and acts as shall be | 8 | | prescribed
by
rule or regulation of the Department.
| 9 | | (b) A dental hygienist may be employed or engaged only:
| 10 | | (1) by a dentist;
| 11 | | (2) by a federal, State, county, or municipal agency or | 12 | | institution;
| 13 | | (3) by a public or private school; or
| 14 | | (4) by a public clinic operating under the direction of | 15 | | a hospital or
federal,
State, county, municipal, or other | 16 | | public agency or institution.
| 17 | | (c) When employed or engaged in the office of a dentist, a | 18 | | dental hygienist
may
perform, under general supervision, those | 19 | | procedures found in items (i) through
(iv) of
subsection (a) of | 20 | | this Section, provided the patient has been examined by the
| 21 | | dentist
within one year of the provision of dental hygiene | 22 | | services, the dentist has
approved the
dental hygiene services | 23 | | by a notation in the patient's record and the patient
has been
| 24 | | notified that the dentist may be out of the office during the | 25 | | provision of
dental hygiene
services.
| 26 | | (d) If a patient of record is unable to travel to a dental |
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| 1 | | office because of
illness , or
infirmity, or
imprisonment, a | 2 | | dental hygienist with 2 years of full-time clinical experience | 3 | | or its equivalent of 4,000 clinical hours may perform, under | 4 | | the general supervision of
a dentist,
those procedures found in | 5 | | items (i) through (iv) of subsection (a) of this
Section,
| 6 | | provided the patient is located in a long-term care facility | 7 | | licensed by the
State of Illinois,
a mental health or | 8 | | developmental disability facility, or a State or federal
| 9 | | prison. The dentist
shall personally examine and diagnose the | 10 | | patient and determine which
services are necessary to be | 11 | | performed, which shall be contained in an order to the | 12 | | hygienist and a notation in the patient's record.
Such order | 13 | | must be implemented within 180 120 days
of its issuance, and an | 14 | | updated medical history and observation of oral
conditions
must | 15 | | be performed by the hygienist immediately prior to beginning | 16 | | the
procedures to ensure that the patient's health has not | 17 | | changed in any
manner to warrant a reexamination by the | 18 | | dentist. | 19 | | This subsection (d) is inoperative on and after January 1, | 20 | | 2020.
| 21 | | (e) School-based oral health care,
consisting of and | 22 | | limited to oral prophylactic
procedures, sealants, and | 23 | | fluoride treatments,
may be provided by a dental hygienist
with | 24 | | 2 years of full-time clinical experience or its equivalent of | 25 | | 4,000 clinical hours under the general supervision of a | 26 | | dentist. A dental hygienist may not provide
other dental |
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| 1 | | hygiene treatment in a school-based setting, including but not
| 2 | | limited to administration or monitoring of nitrous oxide or | 3 | | administration of
local anesthetics. The school-based | 4 | | procedures may be performed provided the
patient is located at | 5 | | a public or private school and the program is being
conducted | 6 | | by a State, county or local public health department initiative | 7 | | or in
conjunction with a dental school or dental hygiene | 8 | | program.
The dentist shall personally examine and diagnose the | 9 | | patient and
determine
which services are necessary to be | 10 | | performed, which shall be contained in an
order to the
| 11 | | hygienist and a notation in the patient's record. Any such | 12 | | order for sealants must be implemented within 180 120 days | 13 | | after its issuance. Any such order for oral prophylactic | 14 | | procedures or fluoride treatments must be implemented within | 15 | | 180 days after its issuance. An updated medical history and | 16 | | observation of
oral conditions
must be
performed by the | 17 | | hygienist immediately prior to beginning the procedures to
| 18 | | ensure that
the patient's health has not changed in any manner | 19 | | to warrant a reexamination
by the
dentist. | 20 | | This subsection (e) is inoperative on and after January 1, | 21 | | 2020.
| 22 | | (e-5) When employed by a county public health clinic or | 23 | | federally qualified health center, a dental hygienist with 3 | 24 | | years of full-time clinical experience or its equivalent of | 25 | | 6,000 clinical hours and has completed 32 hours of additional | 26 | | course work in areas specific to public health dentistry, |
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| 1 | | including, but not limited to, emergency procedures for | 2 | | medically compromised patients, pharmacology, medical | 3 | | recordkeeping procedures, geriatric dentistry, pediatric | 4 | | dentistry, and pathology, as defined by the Department, may | 5 | | perform under general supervision those procedures found in | 6 | | items (i) through (iv) of subsection (a) of this Section, | 7 | | provided that the dentist has personally examined and diagnosed | 8 | | the patient and determined which services are necessary to be | 9 | | performed, which shall be contained in an order to the | 10 | | hygienist and a notation in the patient's record, or has | 11 | | conducted a limited oral evaluation that is problem-focused on | 12 | | a patient who has been treated at the facility for an emergency | 13 | | or critical oral condition and, in the opinion of the dentist, | 14 | | is eligible for additional routine preventative services, as | 15 | | provided in items (i) through (iv) of subsection (a) of this | 16 | | Section,` which is noted in the patient's record. Any order | 17 | | issued under this subsection (e-5) must be implemented within | 18 | | one year after its issuance. An updated medical history and | 19 | | observation of oral conditions must be performed by the | 20 | | hygienist immediately prior to beginning the procedures to | 21 | | ensure that the patient's health has not changed in any manner | 22 | | to warrant a reexamination by the dentist. The dental hygienist | 23 | | must provide to the patient and have them sign a permission | 24 | | slip or consent form that informs them that the services to be | 25 | | received do not take the place of a regular dental checkup and | 26 | | is meant for people who otherwise would not have access to the |
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| 1 | | services. | 2 | | Each dental hygienist who has rendered services under | 3 | | subsections (d) or (e) of this Section or this subsection (e-5) | 4 | | must complete a summary report at the completion of each | 5 | | program or, in the case of an ongoing program, at least | 6 | | annually. The report must be completed in the manner specified | 7 | | by the Division of Oral Health in the Department of Public | 8 | | Health, including information about each location where the | 9 | | dental hygienist has rendered these services and how many | 10 | | patients were treated and the type of treatment performed. The | 11 | | dental hygienist must submit the form to the dentist providing | 12 | | supervision for his or her signature before sending it to the | 13 | | Department. The Department shall compile a report on an annual | 14 | | basis to summarize these requirements. | 15 | | This subsection (e-5) is inoperative on and after January | 16 | | 1, 2020. | 17 | | (f) Without the supervision of a dentist, a dental | 18 | | hygienist
may perform
dental health education functions and may | 19 | | record case histories and oral
conditions observed.
| 20 | | (g) The number of dental hygienists practicing in a dental | 21 | | office shall
not
exceed, at any one time, 4 times the number of | 22 | | dentists practicing in the
office at the time.
| 23 | | (Source: P.A. 97-526, eff. 1-1-12.)".
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