HB2077 EngrossedLRB103 05331 AMQ 50350 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Dental Practice Act is amended by
5changing Sections 4, 11, 17, 19, 23, and 50 and by adding
6Section 50.1 as follows:
7    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 4. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Board" means the Board of Dentistry.
22    "Dentist" means a person who has received a general
23license pursuant to paragraph (a) of Section 11 of this Act and



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1who may perform any intraoral and extraoral procedure required
2in the practice of dentistry and to whom is reserved the
3responsibilities specified in Section 17.
4    "Dental hygienist" means a person who holds a license
5under this Act to perform dental services as authorized by
6Section 18.
7    "Dental assistant" means an appropriately trained person
8who, under the supervision of a dentist, provides dental
9services as authorized by Section 17.
10    "Expanded function dental assistant" means a dental
11assistant who has completed the training required by Section
1217.1 of this Act.
13    "Dental laboratory" means a person, firm, or corporation
15        (i) engages in making, providing, repairing, or
16    altering dental prosthetic appliances and other artificial
17    materials and devices which are returned to a dentist for
18    insertion into the human oral cavity or which come in
19    contact with its adjacent structures and tissues; and
20        (ii) utilizes or employs a dental technician to
21    provide such services; and
22        (iii) performs such functions only for a dentist or
23    dentists.
24    "Supervision" means supervision of a dental hygienist or a
25dental assistant requiring that a dentist authorize the
26procedure, remain in the dental facility while the procedure



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1is performed, and approve the work performed by the dental
2hygienist or dental assistant before dismissal of the patient,
3but does not mean that the dentist must be present at all times
4in the treatment room.
5    "General supervision" means supervision of a dental
6hygienist requiring that the patient be a patient of record,
7that the dentist examine the patient in accordance with
8Section 18 prior to treatment by the dental hygienist, and
9that the dentist authorize the procedures which are being
10carried out by a notation in the patient's record, but not
11requiring that a dentist be present when the authorized
12procedures are being performed. The issuance of a prescription
13to a dental laboratory by a dentist does not constitute
14general supervision.
15    "Public member" means a person who is not a health
16professional. For purposes of board membership, any person
17with a significant financial interest in a health service or
18profession is not a public member.
19    "Dentistry" means the healing art which is concerned with
20the examination, diagnosis, treatment planning, and care of
21conditions within the human oral cavity and its adjacent
22tissues and structures, as further specified in Section 17.
23    "Branches of dentistry" means the various specialties of
24dentistry which, for purposes of this Act, shall be limited to
25the following: endodontics, oral and maxillofacial surgery,
26orthodontics and dentofacial orthopedics, pediatric dentistry,



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1periodontics, prosthodontics, oral and maxillofacial
2radiology, and dental anesthesiology.
3    "Specialist" means a dentist who has received a specialty
4license pursuant to Section 11(b).
5    "Dental technician" means a person who owns, operates, or
6is employed by a dental laboratory and engages in making,
7providing, repairing, or altering dental prosthetic appliances
8and other artificial materials and devices which are returned
9to a dentist for insertion into the human oral cavity or which
10come in contact with its adjacent structures and tissues.
11    "Impaired dentist" or "impaired dental hygienist" means a
12dentist or dental hygienist who is unable to practice with
13reasonable skill and safety because of a physical or mental
14disability as evidenced by a written determination or written
15consent based on clinical evidence, including deterioration
16through the aging process, loss of motor skills, abuse of
17drugs or alcohol, or a psychiatric disorder, of sufficient
18degree to diminish the person's ability to deliver competent
19patient care.
20    "Nurse" means a registered professional nurse, a certified
21registered nurse anesthetist licensed as an advanced practice
22registered nurse, or a licensed practical nurse licensed under
23the Nurse Practice Act.
24    "Patient of record" means a patient for whom the patient's
25most recent dentist has obtained a relevant medical and dental
26history and on whom the dentist has performed an examination



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1and evaluated the condition to be treated.
2    "Dental responder" means a dentist or dental hygienist who
3is appropriately certified in disaster preparedness,
4immunizations, and dental humanitarian medical response
5consistent with the Society of Disaster Medicine and Public
6Health and training certified by the National Incident
7Management System or the National Disaster Life Support
9    "Mobile dental van or portable dental unit" means any
10self-contained or portable dental unit in which dentistry is
11practiced that can be moved, towed, or transported from one
12location to another in order to establish a location where
13dental services can be provided.
14    "Public health dental hygienist" means a hygienist who
15holds a valid license to practice in the State, has 2 years of
16full-time clinical experience or an equivalent of 4,000 hours
17of clinical experience, and has completed at least 42 clock
18hours of additional structured courses in dental education in
19advanced areas specific to public health dentistry.
20    "Public health setting" means a federally qualified health
21center; a federal, State, or local public health facility;
22Head Start; a special supplemental nutrition program for
23Women, Infants, and Children (WIC) facility; a certified
24school-based health center or school-based oral health
25program; a prison; or a long-term care facility.
26    "Public health supervision" means the supervision of a



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1public health dental hygienist by a licensed dentist who has a
2written public health supervision agreement with that public
3health dental hygienist while working in an approved facility
4or program that allows the public health dental hygienist to
5treat patients, without a dentist first examining the patient
6and being present in the facility during treatment, (1) who
7are eligible for Medicaid or (2) who are uninsured and whose
8household income is not greater than 300% 200% of the federal
9poverty level.
10    "Teledentistry" means the use of telehealth systems and
11methodologies in dentistry and includes patient care and
12education delivery using synchronous and asynchronous
13communications under a dentist's authority as provided under
14this Act.
15(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
16102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
18    (225 ILCS 25/11)  (from Ch. 111, par. 2311)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 11. Types of dental licenses. The Department shall
21have the authority to issue the following types of licenses:
22    (a) General licenses. The Department shall issue a license
23authorizing practice as a dentist to any person who qualifies
24for a license under this Act.
25    (b) Specialty licenses. The Department shall issue a



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1license authorizing practice as a specialist in any particular
2branch of dentistry to any dentist who has complied with the
3requirements established for that particular branch of
4dentistry at the time of making application. The Department
5shall establish additional requirements of any dentist who
6announces or holds himself or herself out to the public as a
7specialist or as being specially qualified in any particular
8branch of dentistry.
9    No dentist shall announce or hold himself or herself out
10to the public as a specialist or as being specially qualified
11in any particular branch of dentistry unless he or she is
12licensed to practice in that specialty of dentistry.
13    The fact that any dentist shall announce by card,
14letterhead, or any other form of communication using terms as
15"Specialist", ," "Practice Limited To", or "Limited to
16Specialty of" with the name of the branch of dentistry
17practiced as a specialty, or shall use equivalent words or
18phrases to announce the same, shall be prima facie evidence
19that the dentist is holding himself or herself out to the
20public as a specialist.
21    (c) Temporary training licenses. Persons who wish to
22pursue specialty or other advanced clinical educational
23programs in an approved dental school or a hospital situated
24in this State, or persons who wish to pursue programs of
25specialty training in dental public health in public agencies
26in this State, may receive without examination, in the



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1discretion of the Department, a temporary training license. In
2order to receive a temporary training license under this
3subsection, an applicant shall furnish satisfactory proof to
4the Department that:
5        (1) The applicant is at least 21 years of age and is of
6    good moral character. In determining moral character under
7    this Section, the Department may take into consideration
8    any felony conviction of the applicant, but such a
9    conviction shall not operate as bar to licensure;
10        (2) The applicant has been accepted or appointed for
11    specialty or residency training by an approved hospital
12    situated in this State, by an approved dental school
13    situated in this State, or by a public health agency in
14    this State the training programs of which are recognized
15    and approved by the Department. The applicant shall
16    indicate the beginning and ending dates of the period for
17    which he or she has been accepted or appointed;
18        (3) The applicant is a graduate of a dental school or
19    college approved and in good standing in the judgment of
20    the Department. The Department may consider diplomas or
21    certifications of education, or both, accompanied by
22    transcripts of course work and credits awarded to
23    determine if an applicant has graduated from a dental
24    school or college approved and in good standing. The
25    Department may also consider diplomas or certifications of
26    education, or both, accompanied by transcripts of course



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1    work and credits awarded in determining whether a dental
2    school or college is approved and in good standing.
3    Temporary training licenses issued under this Section
4shall be valid only for the duration of the period of residency
5or specialty training and may be extended or renewed as
6prescribed by rule. The holder of a valid temporary training
7license shall be entitled thereby to perform acts as may be
8prescribed by and incidental to his or her program of
9residency or specialty training; but he or she shall not be
10entitled to engage in the practice of dentistry in this State.
11    A temporary training license may be revoked by the
12Department upon proof that the holder has engaged in the
13practice of dentistry in this State outside of his or her
14program of residency or specialty training, or if the holder
15shall fail to supply the Department, within 10 days of its
16request, with information as to his or her current status and
17activities in his or her specialty training program.
18    (d) Faculty limited licenses. Persons who have received
19full-time appointments to teach dentistry at an approved
20dental school or hospital situated in this State may receive
21without examination, in the discretion of the Department, a
22faculty limited license. In order to receive a faculty limited
23license an applicant shall furnish satisfactory proof to the
24Department that:
25        (1) The applicant is at least 21 years of age, is of
26    good moral character, and is licensed to practice



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1    dentistry in another state or country; and
2        (2) The applicant has a full-time appointment to teach
3    dentistry at an approved dental school or hospital
4    situated in this State.
5    Faculty limited licenses issued under this Section shall
6be valid for a period of 3 years and may be extended or
7renewed. The holder of a valid faculty limited license may
8perform acts as may be required by his or her teaching of
9dentistry. The In addition, the holder of a faculty limited
10license may practice general dentistry or in his or her area of
11specialty, but only in a clinic or office affiliated with the
12dental school. The holder of a faculty limited license may
13advertise a specialty degree as part of the licensee's ability
14to practice in a faculty practice. Any faculty limited license
15issued to a faculty member under this Section shall terminate
16immediately and automatically, without any further action by
17the Department, if the holder ceases to be a faculty member at
18an approved dental school or hospital in this State.
19    The Department may revoke a faculty limited license for a
20violation of this Act or its rules, or if the holder fails to
21supply the Department, within 10 days of its request, with
22information as to his or her current status and activities in
23his or her teaching program.
24    (e) Inactive status. Any person who holds one of the
25licenses under subsection (a) or (b) of Section 11 or under
26Section 12 of this Act may elect, upon payment of the required



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1fee, to place his or her license on an inactive status and
2shall, subject to the rules of the Department, be excused from
3the payment of renewal fees until he or she notifies the
4Department in writing of his or her desire to resume active
6    Any licensee requesting restoration from inactive status
7shall be required to pay the current renewal fee and upon
8payment the Department shall be required to restore his or her
9license, as provided in Section 16 of this Act.
10    Any licensee whose license is in an inactive status shall
11not practice in the State of Illinois.
12    (f) Certificates of Identification. In addition to the
13licenses authorized by this Section, the Department shall
14deliver to each dentist a certificate of identification in a
15form specified by the Department.
16(Source: P.A. 100-976, eff. 1-1-19.)
17    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 17. Acts constituting the practice of dentistry. A
20person practices dentistry, within the meaning of this Act:
21        (1) Who represents himself or herself as being able to
22    diagnose or diagnoses, treats, prescribes, or operates for
23    any disease, pain, deformity, deficiency, injury, or
24    physical condition of the human tooth, teeth, alveolar
25    process, gums, or jaw; or



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1        (2) Who is a manager, proprietor, operator, or
2    conductor of a business where dental operations are
3    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
6    dental diagnostic purposes; or
7        (5) Who extracts a human tooth or teeth, or corrects
8    or 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
12    bonding 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 material or digital scans for final
18    impressions of the human tooth, teeth, or jaws or performs
19    any phase of any operation incident to the replacement of
20    a part of a tooth, a tooth, teeth, or associated tissues by
21    means of a filling, crown, a bridge, a denture, or other
22    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



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1    user 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 material or digital scans for final
6    impressions of human teeth or places his or her hands in
7    the mouth of any person for the purpose of applying teeth
8    whitening materials, or who takes impressions of human
9    teeth or places his or her hands in the mouth of any person
10    for the purpose of assisting in the application of teeth
11    whitening materials. A person does not practice dentistry
12    when he or she discloses to the consumer that he or she is
13    not licensed as a dentist under this Act and (i) discusses
14    the use of teeth whitening materials with a consumer
15    purchasing these materials; (ii) provides instruction on
16    the use of teeth whitening materials with a consumer
17    purchasing these materials; or (iii) provides appropriate
18    equipment on-site to the consumer for the consumer to
19    self-apply teeth whitening materials.
20    The fact that any person engages in or performs, or offers
21to engage in or perform, any of the practices, acts, or
22operations set forth in this Section, shall be prima facie
23evidence that such person is engaged in the practice of
25    The following practices, acts, and operations, however,
26are exempt from the operation of this Act:



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1        (a) The rendering of dental relief in emergency cases
2    in the practice of his or her profession by a physician or
3    surgeon, licensed as such under the laws of this State,
4    unless he or she undertakes to reproduce or reproduces
5    lost parts of the human teeth in the mouth or to restore or
6    replace lost or missing teeth in the mouth; or
7        (b) The practice of dentistry in the discharge of
8    their official duties by dentists in any branch of the
9    Armed Services of the United States, the United States
10    Public Health Service, or the United States Veterans
11    Administration; or
12        (c) The practice of dentistry by students in their
13    course of study in dental schools or colleges approved by
14    the Department, when acting under the direction and
15    supervision of dentists acting as instructors; or
16        (d) The practice of dentistry by clinical instructors
17    in the course of their teaching duties in dental schools
18    or colleges approved by the Department:
19            (i) when acting under the direction and
20        supervision of dentists, provided that such clinical
21        instructors have instructed continuously in this State
22        since January 1, 1986; or
23            (ii) when holding the rank of full professor at
24        such approved dental school or college and possessing
25        a current valid license or authorization to practice
26        dentistry in another country; or



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1        (e) The practice of dentistry by licensed dentists of
2    other states or countries at meetings of the Illinois
3    State Dental Society or component parts thereof, alumni
4    meetings of dental colleges, or any other like dental
5    organizations, while appearing as clinicians; or
6        (f) The use of X-Ray machines for exposing X-Ray films
7    of dental or oral tissues by dental hygienists or dental
8    assistants; or
9        (g) The performance of any dental service by a dental
10    assistant, if such service is performed under the
11    supervision and full responsibility of a dentist. In
12    addition, after being authorized by a dentist, a dental
13    assistant may, for the purpose of eliminating pain or
14    discomfort, remove loose, broken, or irritating
15    orthodontic appliances on a patient of record.
16        For purposes of this paragraph (g), "dental service"
17    is defined to mean any intraoral procedure or act which
18    shall be prescribed by rule or regulation of the
19    Department. "Dental service", however, shall not include:
20            (1) Any and all diagnosis of or prescription for
21        treatment of disease, pain, deformity, deficiency,
22        injury, or physical condition of the human teeth or
23        jaws, or adjacent structures.
24            (2) Removal of, or restoration of, or addition to
25        the hard or soft tissues of the oral cavity, except for
26        the placing, carving, and finishing of amalgam



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1        restorations and placing, packing, and finishing
2        composite restorations by dental assistants who have
3        had additional formal education and certification.
4            A dental assistant may place, carve, and finish
5        amalgam restorations, place, pack, and finish
6        composite restorations, and place interim restorations
7        if he or she (A) has successfully completed a
8        structured training program as described in item (2)
9        of subsection (g) provided by an educational
10        institution accredited by the Commission on Dental
11        Accreditation, such as a dental school or dental
12        hygiene or dental assistant program, or (B) has at
13        least 4,000 hours of direct clinical patient care
14        experience and has successfully completed a structured
15        training program as described in item (2) of
16        subsection (g) provided by a statewide dental
17        association, approved by the Department to provide
18        continuing education, that has developed and conducted
19        training programs for expanded functions for dental
20        assistants or hygienists. The training program must:
21        (i) include a minimum of 16 hours of didactic study and
22        14 hours of clinical manikin instruction; all training
23        programs shall include areas of study in nomenclature,
24        caries classifications, oral anatomy, periodontium,
25        basic occlusion, instrumentations, pulp protection
26        liners and bases, dental materials, matrix and wedge



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1        techniques, amalgam placement and carving, rubber dam
2        clamp placement, and rubber dam placement and removal;
3        (ii) include an outcome assessment examination that
4        demonstrates competency; (iii) require the supervising
5        dentist to observe and approve the completion of 8
6        amalgam or composite restorations; and (iv) issue a
7        certificate of completion of the training program,
8        which must be kept on file at the dental office and be
9        made available to the Department upon request. A
10        dental assistant must have successfully completed an
11        approved coronal polishing and dental sealant course
12        prior to taking the amalgam and composite restoration
13        course.
14            A dentist utilizing dental assistants shall not
15        supervise more than 4 dental assistants at any one
16        time for placing, carving, and finishing of amalgam
17        restorations or for placing, packing, and finishing
18        composite restorations.
19            (3) Any and all correction of malformation of
20        teeth or of the jaws.
21            (4) Administration of anesthetics, except for
22        monitoring of nitrous oxide, conscious sedation, deep
23        sedation, and general anesthetic as provided in
24        Section 8.1 of this Act, that may be performed only
25        after successful completion of a training program
26        approved by the Department. A dentist utilizing dental



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1        assistants shall not supervise more than 4 dental
2        assistants at any one time for the monitoring of
3        nitrous oxide.
4            (5) Removal of calculus from human teeth.
5            (6) Taking of material or digital scans for final
6        impressions for the fabrication of prosthetic
7        appliances, crowns, bridges, inlays, onlays, or other
8        restorative or replacement dentistry.
9            (7) The operative procedure of dental hygiene
10        consisting of oral prophylactic procedures, except for
11        coronal polishing and pit and fissure sealants, which
12        may be performed by a dental assistant who has
13        successfully completed a training program approved by
14        the Department. Dental assistants may perform coronal
15        polishing under the following circumstances: (i) the
16        coronal polishing shall be limited to polishing the
17        clinical crown of the tooth and existing restorations,
18        supragingivally; (ii) the dental assistant performing
19        the coronal polishing shall be limited to the use of
20        rotary instruments using a rubber cup or brush
21        polishing method (air polishing is not permitted); and
22        (iii) the supervising dentist shall not supervise more
23        than 4 dental assistants at any one time for the task
24        of coronal polishing or pit and fissure sealants.
25            In addition to coronal polishing and pit and
26        fissure sealants as described in this item (7), a



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1        dental assistant who has at least 2,000 hours of
2        direct clinical patient care experience and who has
3        successfully completed a structured training program
4        provided by (1) an educational institution including,
5        but not limited to, a dental school or dental hygiene
6        or dental assistant program, or (2) a continuing
7        education provider approved by the Department, or (3)
8        a statewide dental or dental hygienist association,
9        approved by the Department on or before January 1,
10        2017 (the effective date of Public Act 99-680), that
11        has developed and conducted a training program for
12        expanded functions for dental assistants or hygienists
13        may perform: (A) coronal scaling above the gum line,
14        supragingivally, on the clinical crown of the tooth
15        only on patients 17 years of age or younger who have an
16        absence of periodontal disease and who are not
17        medically compromised or individuals with special
18        needs and (B) intracoronal temporization of a tooth.
19        The training program must: (I) include a minimum of 32
20        hours of instruction in both didactic and clinical
21        manikin or human subject instruction; all training
22        programs shall include areas of study in dental
23        anatomy, public health dentistry, medical history,
24        dental emergencies, and managing the pediatric
25        patient; (II) include an outcome assessment
26        examination that demonstrates competency; (III)



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1        require the supervising dentist to observe and approve
2        the completion of 6 full mouth supragingival scaling
3        procedures unless the training was received as part of
4        a Commission on Dental Accreditation approved dental
5        assistant program; and (IV) issue a certificate of
6        completion of the training program, which must be kept
7        on file at the dental office and be made available to
8        the Department upon request. A dental assistant must
9        have successfully completed an approved coronal
10        polishing course prior to taking the coronal scaling
11        course. A dental assistant performing these functions
12        shall be limited to the use of hand instruments only.
13        In addition, coronal scaling as described in this
14        paragraph shall only be utilized on patients who are
15        eligible for Medicaid, who are uninsured, or whose
16        household income is not greater than 300% of the
17        federal poverty level. A dentist may not supervise
18        more than 2 dental assistants at any one time for the
19        task of coronal scaling. This paragraph is inoperative
20        on and after January 1, 2026.
21        The limitations on the number of dental assistants a
22    dentist may supervise contained in items (2), (4), and (7)
23    of this paragraph (g) mean a limit of 4 total dental
24    assistants or dental hygienists doing expanded functions
25    covered by these Sections being supervised by one dentist;
26    or



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1        (h) The practice of dentistry by an individual who:
2            (i) has applied in writing to the Department, in
3        form and substance satisfactory to the Department, for
4        a general dental license and has complied with all
5        provisions of Section 9 of this Act, except for the
6        passage of the examination specified in subsection (e)
7        of Section 9 of this Act; or
8            (ii) has applied in writing to the Department, in
9        form and substance satisfactory to the Department, for
10        a temporary dental license and has complied with all
11        provisions of subsection (c) of Section 11 of this
12        Act; and
13            (iii) has been accepted or appointed for specialty
14        or residency training by a hospital situated in this
15        State; or
16            (iv) has been accepted or appointed for specialty
17        training in an approved dental program situated in
18        this State; or
19            (v) has been accepted or appointed for specialty
20        training in a dental public health agency situated in
21        this State.
22        The applicant shall be permitted to practice dentistry
23    for a period of 3 months from the starting date of the
24    program, unless authorized in writing by the Department to
25    continue such practice for a period specified in writing
26    by the Department.



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1        The applicant shall only be entitled to perform such
2    acts as may be prescribed by and incidental to his or her
3    program of residency or specialty training and shall not
4    otherwise engage in the practice of dentistry in this
5    State.
6        The authority to practice shall terminate immediately
7    upon:
8            (1) the decision of the Department that the
9        applicant has failed the examination; or
10            (2) denial of licensure by the Department; or
11            (3) withdrawal of the application.
12(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
13102-936, eff. 1-1-23.)
14    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 19. Licensing applicants from other states. Any
17person who has been lawfully licensed to practice dentistry,
18including the practice of a licensed dental specialty, or
19dental hygiene in another state or territory or as a member of
20the military service which has and maintains a standard for
21the practice of dentistry, a dental specialty, or dental
22hygiene at least equal to that now maintained in this State, or
23if the requirements for licensure in such state or territory
24in which the applicant was licensed were, at the date of his or
25her licensure, substantially equivalent to the requirements



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1then in force in this State, and who has been lawfully engaged
2in the practice of dentistry or dental hygiene for at least 2 3
3of the 5 years immediately preceding the filing of his or her
4application to practice in this State and who shall deposit
5with the Department a duly attested certificate from the Board
6of the state or territory in which he or she is licensed,
7certifying to the fact of his or her licensing and of his or
8her being a person of good moral character may, upon payment of
9the required fee, be granted a license to practice dentistry,
10a dental specialty, or dental hygiene in this State, as the
11case may be.
12    For the purposes of this Section, "substantially
13equivalent" means that the applicant has presented evidence of
14completion and graduation from an American Dental Association
15accredited dental college or school in the United States or
16Canada, presented evidence that the applicant has passed both
17parts of the National Board Dental Examination, and
18successfully completed an examination conducted by a regional
19testing service. In computing 3 of the immediately preceding 5
20years of practice in another state or territory, any person
21who left the practice of dentistry to enter the military
22service and who practiced dentistry while in the military
23service may count as a part of such period the time spent by
24him or her in such service.
25    Applicants have 3 years from the date of application to
26complete the application process. If the process has not been



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1completed in 3 years, the application shall be denied, the fee
2forfeited and the applicant must reapply and meet the
3requirements in effect at the time of reapplication.
4(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
5    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 23. Refusal, revocation or suspension of dental
8licenses. The Department may refuse to issue or renew, or may
9revoke, suspend, place on probation, reprimand or take other
10disciplinary or non-disciplinary action as the Department may
11deem proper, including imposing fines not to exceed $10,000
12per violation, with regard to any license for any one or any
13combination of the following causes:
14        1. Fraud or misrepresentation in applying for or
15    procuring a license under this Act, or in connection with
16    applying for renewal of a license under this Act.
17        2. Inability to practice with reasonable judgment,
18    skill, or safety as a result of habitual or excessive use
19    or addiction to alcohol, narcotics, stimulants, or any
20    other chemical agent or drug.
21        3. Willful or repeated violations of the rules of the
22    Department of Public Health or Department of Nuclear
23    Safety.
24        4. Acceptance of a fee for service as a witness,
25    without the knowledge of the court, in addition to the fee



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1    allowed by the court.
2        5. Division of fees or agreeing to split or divide the
3    fees received for dental services with any person for
4    bringing or referring a patient, except in regard to
5    referral services as provided for under Section 45, or
6    assisting in the care or treatment of a patient, without
7    the knowledge of the patient or his or her legal
8    representative. Nothing in this item 5 affects any bona
9    fide independent contractor or employment arrangements
10    among health care professionals, health facilities, health
11    care providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this
16    Act. Nothing in this item 5 shall be construed to require
17    an employment arrangement to receive professional fees for
18    services rendered.
19        6. Employing, procuring, inducing, aiding or abetting
20    a person not licensed or registered as a dentist or dental
21    hygienist to engage in the practice of dentistry or dental
22    hygiene. The person practiced upon is not an accomplice,
23    employer, procurer, inducer, aider, or abetter within the
24    meaning of this Act.
25        7. Making any misrepresentations or false promises,
26    directly or indirectly, to influence, persuade or induce



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1    dental patronage.
2        8. Professional connection or association with or
3    lending his or her name to another for the illegal
4    practice of dentistry by another, or professional
5    connection or association with any person, firm or
6    corporation holding himself, herself, themselves, or
7    itself out in any manner contrary to this Act.
8        9. Obtaining or seeking to obtain practice, money, or
9    any other things of value by false or fraudulent
10    representations, but not limited to, engaging in such
11    fraudulent practice to defraud the medical assistance
12    program of the Department of Healthcare and Family
13    Services (formerly Department of Public Aid) under the
14    Illinois Public Aid Code.
15        10. Practicing under a false or, except as provided by
16    law, an assumed name.
17        11. Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public.
20        12. Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or by
22    sentencing for any crime, including, but not limited to,
23    convictions, preceding sentences of supervision,
24    conditional discharge, or first offender probation, under
25    the laws of any jurisdiction of the United States that (i)
26    is a felony under the laws of this State or (ii) is a



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1    misdemeanor, an essential element of which is dishonesty,
2    or that is directly related to the practice of dentistry.
3        13. Permitting a dental hygienist, dental assistant or
4    other person under his or her supervision to perform any
5    operation not authorized by this Act.
6        14. Permitting more than 4 dental hygienists to be
7    employed under his or her supervision at any one time.
8        15. A violation of any provision of this Act or any
9    rules promulgated under this Act.
10        16. Taking impressions for or using the services of
11    any person, firm or corporation violating this Act.
12        17. Violating any provision of Section 45 relating to
13    advertising.
14        18. Discipline by another U.S. jurisdiction or foreign
15    nation, if at least one of the grounds for the discipline
16    is the same or substantially equivalent to those set forth
17    within this Act.
18        19. Willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act.
21        20. Gross negligence in practice under this Act.
22        21. The use or prescription for use of narcotics or
23    controlled substances or designated products as listed in
24    the Illinois Controlled Substances Act, in any way other
25    than for therapeutic purposes.
26        22. Willfully making or filing false records or



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1    reports in his or her practice as a dentist, including,
2    but not limited to, false records to support claims
3    against the dental assistance program of the Department of
4    Healthcare and Family Services (formerly Illinois
5    Department of Public Aid).
6        23. Professional incompetence as manifested by poor
7    standards of care.
8        24. Physical or mental illness, including, but not
9    limited to, deterioration through the aging process, or
10    loss of motor skills which results in a dentist's
11    inability to practice dentistry with reasonable judgment,
12    skill or safety. In enforcing this paragraph, the
13    Department may compel a person licensed to practice under
14    this Act to submit to a mental or physical examination
15    pursuant to the terms and conditions of Section 23b.
16        25. Gross or repeated irregularities in billing for
17    services rendered to a patient. For purposes of this
18    paragraph 25, "irregularities in billing" shall include:
19            (a) Reporting excessive charges for the purpose of
20        obtaining a total payment in excess of that usually
21        received by the dentist for the services rendered.
22            (b) Reporting charges for services not rendered.
23            (c) Incorrectly reporting services rendered for
24        the purpose of obtaining payment not earned.
25        26. Continuing the active practice of dentistry while
26    knowingly having any infectious, communicable, or



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1    contagious disease proscribed by rule or regulation of the
2    Department.
3        27. Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    pursuant to the Abused and Neglected Child Reporting Act,
6    and upon proof by clear and convincing evidence that the
7    licensee has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        28. Violating the Health Care Worker Self-Referral
11    Act.
12        29. Abandonment of a patient.
13        30. Mental incompetency as declared by a court of
14    competent jurisdiction.
15        31. A finding by the Department that the licensee,
16    after having his or her license placed on probationary
17    status, has violated the terms of probation.
18        32. Material misstatement in furnishing information to
19    the Department.
20        33. Failing, within 60 days, to provide information in
21    response to a written request by the Department in the
22    course of an investigation.
23        34. Immoral conduct in the commission of any act,
24    including, but not limited to, commission of an act of
25    sexual misconduct related to the licensee's practice.
26        35. Cheating on or attempting to subvert the licensing



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1    examination administered under this Act.
2        36. A pattern of practice or other behavior that
3    demonstrates incapacity or incompetence to practice under
4    this Act.
5        37. Failure to establish and maintain records of
6    patient care and treatment as required under this Act.
7        38. Failure to provide copies of dental records as
8    required by law.
9        39. Failure of a licensed dentist who owns or is
10    employed at a dental office to give notice of an office
11    closure to his or her patients at least 30 days prior to
12    the office closure pursuant to Section 50.1.
13    All proceedings to suspend, revoke, place on probationary
14status, or take any other disciplinary action as the
15Department may deem proper, with regard to a license on any of
16the foregoing grounds, must be commenced within 5 years after
17receipt by the Department of a complaint alleging the
18commission of or notice of the conviction order for any of the
19acts described herein. Except for fraud in procuring a
20license, no action shall be commenced more than 7 years after
21the date of the incident or act alleged to have violated this
22Section. The time during which the holder of the license was
23outside the State of Illinois shall not be included within any
24period of time limiting the commencement of disciplinary
25action by the Department.
26    All fines imposed under this Section shall be paid within



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160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4    The Department may refuse to issue or may suspend the
5license of any person who fails to file a return, or to pay the
6tax, penalty or interest shown in a filed return, or to pay any
7final assessment of tax, penalty or interest, as required by
8any tax Act administered by the Illinois Department of
9Revenue, until such time as the requirements of any such tax
10Act are satisfied.
11    Any dentist who has had his or her license suspended or
12revoked for more than 5 years must comply with the
13requirements for restoration set forth in Section 16 prior to
14being eligible for reinstatement from the suspension or
16(Source: P.A. 99-492, eff. 12-31-15.)
17    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 50. Patient records. Every dentist shall make a
20record of all dental work performed for each patient. The
21record shall be made in a manner and in sufficient detail that
22it may be used for identification purposes. Dental records are
23the property of the office in which dentistry is practiced.
24    Dental records required by this Section shall be
25maintained for 10 years. Dental records required to be



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1maintained under this Section, or copies of those dental
2records, shall be made available upon request to the patient
3or the patient's guardian. A dentist shall be entitled to
4reasonable reimbursement for the cost of reproducing these
5records, which shall not exceed the cost allowed under Section
68-2001 of the Code of Civil Procedure. A dentist providing
7services through a mobile dental van or portable dental unit
8shall provide to the patient or the patient's parent or
9guardian, in writing, the dentist's name, license number,
10address, and information on how the patient or the patient's
11parent or guardian may obtain the patient's dental records, as
12provided by law.
13(Source: P.A. 99-492, eff. 12-31-15.)
14    (225 ILCS 25/50.1 new)
15    Sec. 50.1. Closing a dental office. A dental office that
16is closing and will not continue to offer dentistry services
17must provide notice to its patients at least 30 days prior to
18the closure. The notice to patients shall include an
19explanation of how copies of the patient's records may be
20accessed or obtained by the patient. The notice may be given by
21publication in a newspaper of general circulation in the area
22in which the dental office is located or in an electronic
23format accessible by patients.