Illinois General Assembly - Full Text of HB2676
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Full Text of HB2676  101st General Assembly

HB2676ham001 101ST GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/25/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2676

2    AMENDMENT NO. ______. Amend House Bill 2676 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Dental Practice Act is amended by
5changing Section 4 and by adding Section 13.5 as follows:
 
6    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 4. Definitions. As used in this Act:
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Department" means the Department of Financial and

 

 

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1Professional Regulation.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4    "Board" means the Board of Dentistry.
5    "Dentist" means a person who has received a general license
6pursuant to paragraph (a) of Section 11 of this Act and who may
7perform any intraoral and extraoral procedure required in the
8practice of dentistry and to whom is reserved the
9responsibilities specified in Section 17.
10    "Dental hygienist" means a person who holds a license under
11this Act to perform dental services as authorized by Section
1218.
13    "Dental assistant" means an appropriately trained person
14who, under the supervision of a dentist, provides dental
15services as authorized by Section 17.
16    "Expanded function dental assistant" means a dental
17assistant who has completed the training required by Section
1817.1 of this Act.
19    "Dental laboratory" means a person, firm or corporation
20which:
21        (i) engages in making, providing, repairing or
22    altering dental prosthetic appliances and other artificial
23    materials and devices which are returned to a dentist for
24    insertion into the human oral cavity or which come in
25    contact with its adjacent structures and tissues; and
26        (ii) utilizes or employs a dental technician to provide

 

 

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1    such services; and
2        (iii) performs such functions only for a dentist or
3    dentists.
4    "Supervision" means supervision of a dental hygienist or a
5dental assistant requiring that a dentist authorize the
6procedure, remain in the dental facility while the procedure is
7performed, and approve the work performed by the dental
8hygienist or dental assistant before dismissal of the patient,
9but does not mean that the dentist must be present at all times
10in the treatment room.
11    "General supervision" means supervision of a dental
12hygienist requiring that the patient be a patient of record,
13that the dentist examine the patient in accordance with Section
1418 prior to treatment by the dental hygienist, and that the
15dentist authorize the procedures which are being carried out by
16a notation in the patient's record, but not requiring that a
17dentist be present when the authorized procedures are being
18performed. The issuance of a prescription to a dental
19laboratory by a dentist does not constitute general
20supervision.
21    "Public member" means a person who is not a health
22professional. For purposes of board membership, any person with
23a significant financial interest in a health service or
24profession is not a public member.
25    "Dentistry" means the healing art which is concerned with
26the examination, diagnosis, treatment planning and care of

 

 

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1conditions within the human oral cavity and its adjacent
2tissues and structures, as further specified in Section 17.
3    "Branches of dentistry" means the various specialties of
4dentistry which, for purposes of this Act, shall be limited to
5the following: endodontics, oral and maxillofacial surgery,
6orthodontics and dentofacial orthopedics, pediatric dentistry,
7periodontics, prosthodontics, and oral and maxillofacial
8radiology.
9    "Specialist" means a dentist who has received a specialty
10license pursuant to Section 11(b).
11    "Dental technician" means a person who owns, operates or is
12employed by a dental laboratory and engages in making,
13providing, repairing or altering dental prosthetic appliances
14and other artificial materials and devices which are returned
15to a dentist for insertion into the human oral cavity or which
16come in contact with its adjacent structures and tissues.
17    "Impaired dentist" or "impaired dental hygienist" means a
18dentist or dental hygienist who is unable to practice with
19reasonable skill and safety because of a physical or mental
20disability as evidenced by a written determination or written
21consent based on clinical evidence, including deterioration
22through the aging process, loss of motor skills, abuse of drugs
23or alcohol, or a psychiatric disorder, of sufficient degree to
24diminish the person's ability to deliver competent patient
25care.
26    "Nurse" means a registered professional nurse, a certified

 

 

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1registered nurse anesthetist licensed as an advanced practice
2registered nurse, or a licensed practical nurse licensed under
3the Nurse Practice Act.
4    "Patient of record" means a patient for whom the patient's
5most recent dentist has obtained a relevant medical and dental
6history and on whom the dentist has performed an examination
7and evaluated the condition to be treated.
8    "Dental responder" means a dentist or dental hygienist who
9is appropriately certified in disaster preparedness,
10immunizations, and dental humanitarian medical response
11consistent with the Society of Disaster Medicine and Public
12Health and training certified by the National Incident
13Management System or the National Disaster Life Support
14Foundation.
15    "Mobile dental van or portable dental unit" means any
16self-contained or portable dental unit in which dentistry is
17practiced that can be moved, towed, or transported from one
18location to another in order to establish a location where
19dental services can be provided.
20    "Public health dental hygienist" means a hygienist who
21holds a valid license to practice in the State, has 2 years of
22full-time clinical experience or an equivalent of 4,000 hours
23of clinical experience and has completed at least 42 clock
24hours of additional structured courses in dental education
25approved by rule by the Department in advanced areas specific
26to public health dentistry, including, but not limited to,

 

 

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1emergency procedures for medically compromised patients,
2pharmacology, medical recordkeeping procedures, geriatric
3dentistry, pediatric dentistry, pathology, and other areas of
4study as determined by the Department, and works in a public
5health setting pursuant to a written public health supervision
6agreement as defined by rule by the Department with a dentist
7working in or contracted with a local or State government
8agency or institution or who is providing services as part of a
9certified school-based program or school-based oral health
10program.
11    "Public health setting" means a federally qualified health
12center; a federal, State, or local public health facility; Head
13Start; a special supplemental nutrition program for Women,
14Infants, and Children (WIC) facility; or a certified
15school-based health center or school-based oral health
16program.
17    "Public health supervision" means the supervision of a
18public health dental hygienist by a licensed dentist who has a
19written public health supervision agreement with that public
20health dental hygienist while working in an approved facility
21or program that allows the public health dental hygienist to
22treat patients, without a dentist first examining the patient
23and being present in the facility during treatment, (1) who are
24eligible for Medicaid or (2) who are uninsured and whose
25household income is not greater than 200% of the federal
26poverty level.

 

 

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1(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
299-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff.
31-1-18; 100-863, eff. 8-14-18.)
 
4    (225 ILCS 25/13.5 new)
5    Sec. 13.5. Training programs for public health dental
6hygienists.
7    (a) With respect to the requirement that a public health
8dental hygienist have additional structured courses in dental
9education in advanced areas specific to public health
10dentistry, education in advanced areas specific to public
11health dentistry must include emergency procedures for
12medically compromised patients (5 hours), pharmacology (5
13hours), medical recordkeeping procedures (4 hours), geriatric
14dentistry (5 hours), pediatric dentistry (5 hours), and
15pathology (5 hours) provided by:
16        (1) an educational institution accredited by the
17    Commission on Dental Accreditation, such as a dental school
18    or dental hygiene program; or
19        (2) a statewide dental association or dental hygiene
20    association, approved by the Department to provide
21    continuing education, that has developed and conducted
22    training programs for expanded functions for dental
23    assistants and hygienists.
24    (b) Training programs for a public health dental hygienist
25must:

 

 

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1        (1) include a minimum 29 hours of didactic study as
2    described in subsection (a), which may be taken in an
3    online structured format and in compliance with the
4    continued learning education requirements of 68 Illinois
5    Administrative Code 1220.440;
6        (2) require completion of 5 hours of didactic courses
7    in the following topic areas: special needs dentistry,
8    teledentistry, nutritional needs of geriatric and low
9    income patients, communication techniques with non-English
10    speaking patients, cultural competency, and professional
11    ethics;
12        (3) require completion of an 8 hour in-person classroom
13    review that includes a comprehension exam on the subjects
14    required in subsection (a) and submit certification of
15    successful completion to the supervising dentist;
16        (4) issue a certificate of completion of the training
17    program requirement, which must be kept on file at the
18    supervising dentist's office and with the public health
19    dental hygienist which will be made available to the
20    Department upon request; and
21        (5) operate in a public health setting pursuant to a
22    written public health supervision agreement with a dentist
23    who is working in or has contracted with a local or State
24    government agency or institution or who is providing
25    services as part of a certified school-based program or
26    school-based oral health program.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".