HB2077 EnrolledLRB103 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, 16.1, 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8    (Section scheduled to be repealed on January 1, 2026)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 25/16.1)  (from Ch. 111, par. 2316.1)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 16.1. Continuing education. The Department shall
20promulgate rules of continuing education for persons licensed
21under this Act. In establishing rules, the Department shall
22require a minimum of 48 hours of study in approved courses for
23dentists during each 3-year licensing period and a minimum of
2436 hours of study in approved courses for dental hygienists
25during each 3-year licensing period.



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1    The Department shall approve only courses that are
2relevant to the treatment and care of patients, including, but
3not limited to, clinical courses in dentistry and dental
4hygiene and nonclinical courses such as patient management,
5legal and ethical responsibilities, and stress management. The
6Department shall allow up to 4 hours of continuing education
7credit hours per license renewal period for volunteer hours
8spent providing clinical services at, or sponsored by, a
9nonprofit community clinic, local or state health department,
10or a charity event. Courses shall not be approved in such
11subjects as estate and personal financial planning, personal
12investments, or personal health. Approved courses may include,
13but shall not be limited to, courses that are offered or
14sponsored by approved colleges, universities, and hospitals
15and by recognized national, State, and local dental and dental
16hygiene organizations. When offering a continuing education
17course, whether at no cost or for a fee, the course provider
18shall explicitly disclose that the course is an approved
19course for continuing education in the State of Illinois, as
20provided in this Section or by the rules adopted by the
22    No license shall be renewed unless the renewal application
23is accompanied by an affidavit indicating that the applicant
24has completed the required minimum number of hours of
25continuing education in approved courses as required by this
26Section. The affidavit shall not require a listing of courses.



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1The affidavit shall be a prima facie evidence that the
2applicant has obtained the minimum number of required
3continuing education hours in approved courses. The Department
4shall not be obligated to conduct random audits or otherwise
5independently verify that an applicant has met the continuing
6education requirement. The Department, however, may not
7conduct random audits of more than 10% of the licensed
8dentists and dental hygienists in any one licensing cycle to
9verify compliance with continuing education requirements. If
10the Department, however, receives a complaint that a licensee
11has not completed the required continuing education or if the
12Department is investigating another alleged violation of this
13Act by a licensee, the Department may demand and shall be
14entitled to receive evidence from any licensee of completion
15of required continuing education courses for the most recently
16completed 3-year licensing period. Evidence of continuing
17education may include, but is not limited to, canceled checks,
18official verification forms of attendance, and continuing
19education recording forms, that demonstrate a reasonable
20record of attendance. The Board shall determine, in accordance
21with rules adopted by the Department, whether a licensee or
22applicant has met the continuing education requirements. Any
23dentist who holds more than one license under this Act shall be
24required to complete only the minimum number of hours of
25continuing education required for renewal of a single license.
26The Department may provide exemptions from continuing



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1education requirements.
2(Source: P.A. 99-492, eff. 12-31-15.)
3    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
4    (Section scheduled to be repealed on January 1, 2026)
5    Sec. 17. Acts constituting the practice of dentistry. A
6person practices dentistry, within the meaning of this Act:
7        (1) Who represents himself or herself as being able to
8    diagnose or diagnoses, treats, prescribes, or operates for
9    any disease, pain, deformity, deficiency, injury, or
10    physical condition of the human tooth, teeth, alveolar
11    process, gums, or jaw; or
12        (2) Who is a manager, proprietor, operator, or
13    conductor of a business where dental operations are
14    performed; or
15        (3) Who performs dental operations of any kind; or
16        (4) Who uses an X-Ray machine or X-Ray films for
17    dental diagnostic purposes; or
18        (5) Who extracts a human tooth or teeth, or corrects
19    or attempts to correct malpositions of the human teeth or
20    jaws; or
21        (6) Who offers or undertakes, by any means or method,
22    to diagnose, treat, or remove stains, calculus, and
23    bonding materials from human teeth or jaws; or
24        (7) Who uses or administers local or general
25    anesthetics in the treatment of dental or oral diseases or



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



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1    purchasing these materials; (ii) provides instruction on
2    the use of teeth whitening materials with a consumer
3    purchasing these materials; or (iii) provides appropriate
4    equipment on-site to the consumer for the consumer to
5    self-apply teeth whitening materials.
6    The fact that any person engages in or performs, or offers
7to engage in or perform, any of the practices, acts, or
8operations set forth in this Section, shall be prima facie
9evidence that such person is engaged in the practice of
11    The following practices, acts, and operations, however,
12are exempt from the operation of this Act:
13        (a) The rendering of dental relief in emergency cases
14    in the practice of his or her profession by a physician or
15    surgeon, licensed as such under the laws of this State,
16    unless he or she undertakes to reproduce or reproduces
17    lost parts of the human teeth in the mouth or to restore or
18    replace lost or missing teeth in the mouth; or
19        (b) The practice of dentistry in the discharge of
20    their official duties by dentists in any branch of the
21    Armed Services of the United States, the United States
22    Public Health Service, or the United States Veterans
23    Administration; or
24        (c) The practice of dentistry by students in their
25    course of study in dental schools or colleges approved by
26    the Department, when acting under the direction and



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1    supervision of dentists acting as instructors; or
2        (d) The practice of dentistry by clinical instructors
3    in the course of their teaching duties in dental schools
4    or colleges approved by the Department:
5            (i) when acting under the direction and
6        supervision of dentists, provided that such clinical
7        instructors have instructed continuously in this State
8        since January 1, 1986; or
9            (ii) when holding the rank of full professor at
10        such approved dental school or college and possessing
11        a current valid license or authorization to practice
12        dentistry in another country; or
13        (e) The practice of dentistry by licensed dentists of
14    other states or countries at meetings of the Illinois
15    State Dental Society or component parts thereof, alumni
16    meetings of dental colleges, or any other like dental
17    organizations, while appearing as clinicians; or
18        (f) The use of X-Ray machines for exposing X-Ray films
19    of dental or oral tissues by dental hygienists or dental
20    assistants; or
21        (g) The performance of any dental service by a dental
22    assistant, if such service is performed under the
23    supervision and full responsibility of a dentist. In
24    addition, after being authorized by a dentist, a dental
25    assistant may, for the purpose of eliminating pain or
26    discomfort, remove loose, broken, or irritating



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1    orthodontic appliances on a patient of record.
2        For purposes of this paragraph (g), "dental service"
3    is defined to mean any intraoral procedure or act which
4    shall be prescribed by rule or regulation of the
5    Department. "Dental service", however, shall not include:
6            (1) Any and all diagnosis of or prescription for
7        treatment of disease, pain, deformity, deficiency,
8        injury, or physical condition of the human teeth or
9        jaws, or adjacent structures.
10            (2) Removal of, or restoration of, or addition to
11        the hard or soft tissues of the oral cavity, except for
12        the placing, carving, and finishing of amalgam
13        restorations and placing, packing, and finishing
14        composite restorations by dental assistants who have
15        had additional formal education and certification.
16            A dental assistant may place, carve, and finish
17        amalgam restorations, place, pack, and finish
18        composite restorations, and place interim restorations
19        if he or she (A) has successfully completed a
20        structured training program as described in item (2)
21        of subsection (g) provided by an educational
22        institution accredited by the Commission on Dental
23        Accreditation, such as a dental school or dental
24        hygiene or dental assistant program, or (B) has at
25        least 4,000 hours of direct clinical patient care
26        experience and has successfully completed a structured



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1        training program as described in item (2) of
2        subsection (g) provided by a statewide dental
3        association, approved by the Department to provide
4        continuing education, that has developed and conducted
5        training programs for expanded functions for dental
6        assistants or hygienists. The training program must:
7        (i) include a minimum of 16 hours of didactic study and
8        14 hours of clinical manikin instruction; all training
9        programs shall include areas of study in nomenclature,
10        caries classifications, oral anatomy, periodontium,
11        basic occlusion, instrumentations, pulp protection
12        liners and bases, dental materials, matrix and wedge
13        techniques, amalgam placement and carving, rubber dam
14        clamp placement, and rubber dam placement and removal;
15        (ii) include an outcome assessment examination that
16        demonstrates competency; (iii) require the supervising
17        dentist to observe and approve the completion of 8
18        amalgam or composite restorations; and (iv) issue a
19        certificate of completion of the training program,
20        which must be kept on file at the dental office and be
21        made available to the Department upon request. A
22        dental assistant must have successfully completed an
23        approved coronal polishing and dental sealant course
24        prior to taking the amalgam and composite restoration
25        course.
26            A dentist utilizing dental assistants shall not



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1        supervise more than 4 dental assistants at any one
2        time for placing, carving, and finishing of amalgam
3        restorations or for placing, packing, and finishing
4        composite restorations.
5            (3) Any and all correction of malformation of
6        teeth or of the jaws.
7            (4) Administration of anesthetics, except for
8        monitoring of nitrous oxide, conscious sedation, deep
9        sedation, and general anesthetic as provided in
10        Section 8.1 of this Act, that may be performed only
11        after successful completion of a training program
12        approved by the Department. A dentist utilizing dental
13        assistants shall not supervise more than 4 dental
14        assistants at any one time for the monitoring of
15        nitrous oxide.
16            (5) Removal of calculus from human teeth.
17            (6) Taking of material or digital scans for final
18        impressions for the fabrication of prosthetic
19        appliances, crowns, bridges, inlays, onlays, or other
20        restorative or replacement dentistry.
21            (7) The operative procedure of dental hygiene
22        consisting of oral prophylactic procedures, except for
23        coronal polishing and pit and fissure sealants, which
24        may be performed by a dental assistant who has
25        successfully completed a training program approved by
26        the Department. Dental assistants may perform coronal



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1        polishing under the following circumstances: (i) the
2        coronal polishing shall be limited to polishing the
3        clinical crown of the tooth and existing restorations,
4        supragingivally; (ii) the dental assistant performing
5        the coronal polishing shall be limited to the use of
6        rotary instruments using a rubber cup or brush
7        polishing method (air polishing is not permitted); and
8        (iii) the supervising dentist shall not supervise more
9        than 4 dental assistants at any one time for the task
10        of coronal polishing or pit and fissure sealants.
11            In addition to coronal polishing and pit and
12        fissure sealants as described in this item (7), a
13        dental assistant who has at least 2,000 hours of
14        direct clinical patient care experience and who has
15        successfully completed a structured training program
16        provided by (1) an educational institution including,
17        but not limited to, a dental school or dental hygiene
18        or dental assistant program, or (2) a continuing
19        education provider approved by the Department, or (3)
20        a statewide dental or dental hygienist association,
21        approved by the Department on or before January 1,
22        2017 (the effective date of Public Act 99-680), that
23        has developed and conducted a training program for
24        expanded functions for dental assistants or hygienists
25        may perform: (A) coronal scaling above the gum line,
26        supragingivally, on the clinical crown of the tooth



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1        only on patients 17 years of age or younger who have an
2        absence of periodontal disease and who are not
3        medically compromised or individuals with special
4        needs and (B) intracoronal temporization of a tooth.
5        The training program must: (I) include a minimum of 32
6        hours of instruction in both didactic and clinical
7        manikin or human subject instruction; all training
8        programs shall include areas of study in dental
9        anatomy, public health dentistry, medical history,
10        dental emergencies, and managing the pediatric
11        patient; (II) include an outcome assessment
12        examination that demonstrates competency; (III)
13        require the supervising dentist to observe and approve
14        the completion of 6 full mouth supragingival scaling
15        procedures unless the training was received as part of
16        a Commission on Dental Accreditation approved dental
17        assistant program; and (IV) issue a certificate of
18        completion of the training program, which must be kept
19        on file at the dental office and be made available to
20        the Department upon request. A dental assistant must
21        have successfully completed an approved coronal
22        polishing course prior to taking the coronal scaling
23        course. A dental assistant performing these functions
24        shall be limited to the use of hand instruments only.
25        In addition, coronal scaling as described in this
26        paragraph shall only be utilized on patients who are



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1        eligible for Medicaid, who are uninsured, or whose
2        household income is not greater than 300% of the
3        federal poverty level. A dentist may not supervise
4        more than 2 dental assistants at any one time for the
5        task of coronal scaling. This paragraph is inoperative
6        on and after January 1, 2026.
7        The limitations on the number of dental assistants a
8    dentist may supervise contained in items (2), (4), and (7)
9    of this paragraph (g) mean a limit of 4 total dental
10    assistants or dental hygienists doing expanded functions
11    covered by these Sections being supervised by one dentist;
12    or
13        (h) The practice of dentistry by an individual who:
14            (i) has applied in writing to the Department, in
15        form and substance satisfactory to the Department, for
16        a general dental license and has complied with all
17        provisions of Section 9 of this Act, except for the
18        passage of the examination specified in subsection (e)
19        of Section 9 of this Act; or
20            (ii) has applied in writing to the Department, in
21        form and substance satisfactory to the Department, for
22        a temporary dental license and has complied with all
23        provisions of subsection (c) of Section 11 of this
24        Act; and
25            (iii) has been accepted or appointed for specialty
26        or residency training by a hospital situated in this



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1        State; or
2            (iv) has been accepted or appointed for specialty
3        training in an approved dental program situated in
4        this State; or
5            (v) has been accepted or appointed for specialty
6        training in a dental public health agency situated in
7        this State.
8        The applicant shall be permitted to practice dentistry
9    for a period of 3 months from the starting date of the
10    program, unless authorized in writing by the Department to
11    continue such practice for a period specified in writing
12    by the Department.
13        The applicant shall only be entitled to perform such
14    acts as may be prescribed by and incidental to his or her
15    program of residency or specialty training and shall not
16    otherwise engage in the practice of dentistry in this
17    State.
18        The authority to practice shall terminate immediately
19    upon:
20            (1) the decision of the Department that the
21        applicant has failed the examination; or
22            (2) denial of licensure by the Department; or
23            (3) withdrawal of the application.
24(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
25102-936, eff. 1-1-23.)



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1    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 19. Licensing applicants from other states. Any
4person who has been lawfully licensed to practice dentistry,
5including the practice of a licensed dental specialty, or
6dental hygiene in another state or territory or as a member of
7the military service which has and maintains a standard for
8the practice of dentistry, a dental specialty, or dental
9hygiene at least equal to that now maintained in this State, or
10if the requirements for licensure in such state or territory
11in which the applicant was licensed were, at the date of his or
12her licensure, substantially equivalent to the requirements
13then in force in this State, and who has been lawfully engaged
14in the practice of dentistry or dental hygiene for at least 2 3
15of the 5 years immediately preceding the filing of his or her
16application to practice in this State and who shall deposit
17with the Department a duly attested certificate from the Board
18of the state or territory in which he or she is licensed,
19certifying to the fact of his or her licensing and of his or
20her being a person of good moral character may, upon payment of
21the required fee, be granted a license to practice dentistry,
22a dental specialty, or dental hygiene in this State, as the
23case may be.
24    For the purposes of this Section, "substantially
25equivalent" means that the applicant has presented evidence of
26completion and graduation from an American Dental Association



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1accredited dental college or school in the United States or
2Canada, presented evidence that the applicant has passed both
3parts of the National Board Dental Examination, and
4successfully completed an examination conducted by a regional
5testing service. In computing 3 of the immediately preceding 5
6years of practice in another state or territory, any person
7who left the practice of dentistry to enter the military
8service and who practiced dentistry while in the military
9service may count as a part of such period the time spent by
10him or her in such service.
11    Applicants have 3 years from the date of application to
12complete the application process. If the process has not been
13completed in 3 years, the application shall be denied, the fee
14forfeited and the applicant must reapply and meet the
15requirements in effect at the time of reapplication.
16(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
17    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 23. Refusal, revocation or suspension of dental
20licenses. The Department may refuse to issue or renew, or may
21revoke, suspend, place on probation, reprimand or take other
22disciplinary or non-disciplinary action as the Department may
23deem proper, including imposing fines not to exceed $10,000
24per violation, with regard to any license for any one or any
25combination of the following causes:



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1        1. Fraud or misrepresentation in applying for or
2    procuring a license under this Act, or in connection with
3    applying for renewal of a license under this Act.
4        2. Inability to practice with reasonable judgment,
5    skill, or safety as a result of habitual or excessive use
6    or addiction to alcohol, narcotics, stimulants, or any
7    other chemical agent or drug.
8        3. Willful or repeated violations of the rules of the
9    Department of Public Health or Department of Nuclear
10    Safety.
11        4. Acceptance of a fee for service as a witness,
12    without the knowledge of the court, in addition to the fee
13    allowed by the court.
14        5. Division of fees or agreeing to split or divide the
15    fees received for dental services with any person for
16    bringing or referring a patient, except in regard to
17    referral services as provided for under Section 45, or
18    assisting in the care or treatment of a patient, without
19    the knowledge of the patient or his or her legal
20    representative. Nothing in this item 5 affects any bona
21    fide independent contractor or employment arrangements
22    among health care professionals, health facilities, health
23    care providers, or other entities, except as otherwise
24    prohibited by law. Any employment arrangements may include
25    provisions for compensation, health insurance, pension, or
26    other employment benefits for the provision of services



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1    within the scope of the licensee's practice under this
2    Act. Nothing in this item 5 shall be construed to require
3    an employment arrangement to receive professional fees for
4    services rendered.
5        6. Employing, procuring, inducing, aiding or abetting
6    a person not licensed or registered as a dentist or dental
7    hygienist to engage in the practice of dentistry or dental
8    hygiene. The person practiced upon is not an accomplice,
9    employer, procurer, inducer, aider, or abetter within the
10    meaning of this Act.
11        7. Making any misrepresentations or false promises,
12    directly or indirectly, to influence, persuade or induce
13    dental patronage.
14        8. Professional connection or association with or
15    lending his or her name to another for the illegal
16    practice of dentistry by another, or professional
17    connection or association with any person, firm or
18    corporation holding himself, herself, themselves, or
19    itself out in any manner contrary to this Act.
20        9. Obtaining or seeking to obtain practice, money, or
21    any other things of value by false or fraudulent
22    representations, but not limited to, engaging in such
23    fraudulent practice to defraud the medical assistance
24    program of the Department of Healthcare and Family
25    Services (formerly Department of Public Aid) under the
26    Illinois Public Aid Code.



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1        10. Practicing under a false or, except as provided by
2    law, an assumed name.
3        11. Engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public.
6        12. Conviction by plea of guilty or nolo contendere,
7    finding of guilt, jury verdict, or entry of judgment or by
8    sentencing for any crime, including, but not limited to,
9    convictions, preceding sentences of supervision,
10    conditional discharge, or first offender probation, under
11    the laws of any jurisdiction of the United States that (i)
12    is a felony under the laws of this State or (ii) is a
13    misdemeanor, an essential element of which is dishonesty,
14    or that is directly related to the practice of dentistry.
15        13. Permitting a dental hygienist, dental assistant or
16    other person under his or her supervision to perform any
17    operation not authorized by this Act.
18        14. Permitting more than 4 dental hygienists to be
19    employed under his or her supervision at any one time.
20        15. A violation of any provision of this Act or any
21    rules promulgated under this Act.
22        16. Taking impressions for or using the services of
23    any person, firm or corporation violating this Act.
24        17. Violating any provision of Section 45 relating to
25    advertising.
26        18. Discipline by another U.S. jurisdiction or foreign



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1    nation, if at least one of the grounds for the discipline
2    is the same or substantially equivalent to those set forth
3    within this Act.
4        19. Willfully failing to report an instance of
5    suspected child abuse or neglect as required by the Abused
6    and Neglected Child Reporting Act.
7        20. Gross negligence in practice under this Act.
8        21. The use or prescription for use of narcotics or
9    controlled substances or designated products as listed in
10    the Illinois Controlled Substances Act, in any way other
11    than for therapeutic purposes.
12        22. Willfully making or filing false records or
13    reports in his or her practice as a dentist, including,
14    but not limited to, false records to support claims
15    against the dental assistance program of the Department of
16    Healthcare and Family Services (formerly Illinois
17    Department of Public Aid).
18        23. Professional incompetence as manifested by poor
19    standards of care.
20        24. Physical or mental illness, including, but not
21    limited to, deterioration through the aging process, or
22    loss of motor skills which results in a dentist's
23    inability to practice dentistry with reasonable judgment,
24    skill or safety. In enforcing this paragraph, the
25    Department may compel a person licensed to practice under
26    this Act to submit to a mental or physical examination



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1    pursuant to the terms and conditions of Section 23b.
2        25. Gross or repeated irregularities in billing for
3    services rendered to a patient. For purposes of this
4    paragraph 25, "irregularities in billing" shall include:
5            (a) Reporting excessive charges for the purpose of
6        obtaining a total payment in excess of that usually
7        received by the dentist for the services rendered.
8            (b) Reporting charges for services not rendered.
9            (c) Incorrectly reporting services rendered for
10        the purpose of obtaining payment not earned.
11        26. Continuing the active practice of dentistry while
12    knowingly having any infectious, communicable, or
13    contagious disease proscribed by rule or regulation of the
14    Department.
15        27. Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    pursuant to the Abused and Neglected Child Reporting Act,
18    and upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        28. Violating the Health Care Worker Self-Referral
23    Act.
24        29. Abandonment of a patient.
25        30. Mental incompetency as declared by a court of
26    competent jurisdiction.



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1        31. A finding by the Department that the licensee,
2    after having his or her license placed on probationary
3    status, has violated the terms of probation.
4        32. Material misstatement in furnishing information to
5    the Department.
6        33. Failing, within 60 days, to provide information in
7    response to a written request by the Department in the
8    course of an investigation.
9        34. Immoral conduct in the commission of any act,
10    including, but not limited to, commission of an act of
11    sexual misconduct related to the licensee's practice.
12        35. Cheating on or attempting to subvert the licensing
13    examination administered under this Act.
14        36. A pattern of practice or other behavior that
15    demonstrates incapacity or incompetence to practice under
16    this Act.
17        37. Failure to establish and maintain records of
18    patient care and treatment as required under this Act.
19        38. Failure to provide copies of dental records as
20    required by law.
21        39. Failure of a licensed dentist who owns or is
22    employed at a dental office to give notice of an office
23    closure to his or her patients at least 30 days prior to
24    the office closure pursuant to Section 50.1.
25        40. Failure to maintain a sanitary work environment.
26    All proceedings to suspend, revoke, place on probationary



HB2077 Enrolled- 33 -LRB103 05331 AMQ 50350 b

1status, or take any other disciplinary action as the
2Department may deem proper, with regard to a license on any of
3the foregoing grounds, must be commenced within 5 years after
4receipt by the Department of a complaint alleging the
5commission of or notice of the conviction order for any of the
6acts described herein. Except for fraud in procuring a
7license, no action shall be commenced more than 7 years after
8the date of the incident or act alleged to have violated this
9Section. The time during which the holder of the license was
10outside the State of Illinois shall not be included within any
11period of time limiting the commencement of disciplinary
12action by the Department.
13    All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17    The Department may refuse to issue or may suspend the
18license of any person who fails to file a return, or to pay the
19tax, penalty or interest shown in a filed return, or to pay any
20final assessment of tax, penalty or interest, as required by
21any tax Act administered by the Illinois Department of
22Revenue, until such time as the requirements of any such tax
23Act are satisfied.
24    Any dentist who has had his or her license suspended or
25revoked for more than 5 years must comply with the
26requirements for restoration set forth in Section 16 prior to



HB2077 Enrolled- 34 -LRB103 05331 AMQ 50350 b

1being eligible for reinstatement from the suspension or
3(Source: P.A. 99-492, eff. 12-31-15.)
4    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 50. Patient records. Every dentist shall make a
7record of all dental work performed for each patient. The
8record shall be made in a manner and in sufficient detail that
9it may be used for identification purposes. Dental records are
10the property of the office in which dentistry is practiced.
11    Dental records required by this Section shall be
12maintained for 10 years. Dental records required to be
13maintained under this Section, or copies of those dental
14records, shall be made available upon request to the patient
15or the patient's guardian. A dentist shall be entitled to
16reasonable reimbursement for the cost of reproducing these
17records, which shall not exceed the cost allowed under Section
188-2001 of the Code of Civil Procedure. A dentist providing
19services through a mobile dental van or portable dental unit
20shall provide to the patient or the patient's parent or
21guardian, in writing, the dentist's name, license number,
22address, and information on how the patient or the patient's
23parent or guardian may obtain the patient's dental records, as
24provided by law.
25(Source: P.A. 99-492, eff. 12-31-15.)



HB2077 Enrolled- 35 -LRB103 05331 AMQ 50350 b

1    (225 ILCS 25/50.1 new)
2    Sec. 50.1. Closing a dental office. A dental office that
3is closing and will not continue to offer dentistry services
4must provide notice to its patients at least 30 days prior to
5the closure. The notice to patients shall include an
6explanation of how copies of the patient's records may be
7accessed or obtained by the patient. The notice may be given by
8publication in a newspaper of general circulation in the area
9in which the dental office is located or in an electronic
10format accessible by patients.
11    Section 10. The Illinois Controlled Substances Act is
12amended by changing Sections 309 and 311.6 as follows:
13    (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
14    Sec. 309. On or after April 1, 2000, no person shall issue
15a prescription for a Schedule II controlled substance, which
16is a narcotic drug listed in Section 206 of this Act; or which
17contains any quantity of amphetamine or methamphetamine, their
18salts, optical isomers or salts of optical isomers;
19phenmetrazine and its salts; gluthethimide; and pentazocine,
20other than on a written prescription; provided that in the
21case of an emergency, epidemic or a sudden or unforeseen
22accident or calamity, the prescriber may issue a lawful oral
23prescription where failure to issue such a prescription might



HB2077 Enrolled- 36 -LRB103 05331 AMQ 50350 b

1result in loss of life or intense suffering, but such oral
2prescription shall include a statement by the prescriber
3concerning the accident or calamity, or circumstances
4constituting the emergency, the cause for which an oral
5prescription was used. Within 7 days after issuing an
6emergency prescription, the prescriber shall cause a written
7prescription for the emergency quantity prescribed to be
8delivered to the dispensing pharmacist. The prescription shall
9have written on its face "Authorization for Emergency
10Dispensing", and the date of the emergency prescription. The
11written prescription may be delivered to the pharmacist in
12person, or by mail, but if delivered by mail it must be
13postmarked within the 7-day period. Upon receipt, the
14dispensing pharmacist shall attach this prescription to the
15emergency oral prescription earlier received and reduced to
16writing. The dispensing pharmacist shall notify the Department
17of Financial and Professional Regulation if the prescriber
18fails to deliver the authorization for emergency dispensing on
19the prescription to him or her. Failure of the dispensing
20pharmacist to do so shall void the authority conferred by this
21paragraph to dispense without a written prescription of a
22prescriber. All prescriptions issued for Schedule II
23controlled substances shall include the quantity prescribed.
24All nonelectronic prescriptions issued for Schedule II
25controlled substances shall include both a written and
26numerical notation of quantity on the face of the



HB2077 Enrolled- 37 -LRB103 05331 AMQ 50350 b

1prescription. No prescription for a Schedule II controlled
2substance may be refilled. The Department shall provide, at no
3cost, audit reviews and necessary information to the
4Department of Financial and Professional Regulation in
5conjunction with ongoing investigations being conducted in
6whole or part by the Department of Financial and Professional
8(Source: P.A. 97-334, eff. 1-1-12.)
9    (720 ILCS 570/311.6)
10    (This Section may contain text from a Public Act with a
11delayed effective date)
12    Sec. 311.6. Opioid prescriptions.
13    (a) Notwithstanding any other provision of law, a
14prescription for a substance classified in Schedule II, III,
15IV, or V must be sent electronically, in accordance with
16Section 316. Prescriptions sent in accordance with this
17subsection (a) must be accepted by the dispenser in electronic
19    (b) Beginning on the effective date of this amendatory Act
20of the 103rd General Assembly until December 31, 2028,
21notwithstanding Notwithstanding any other provision of this
22Section or any other provision of law, a prescriber shall not
23be required to issue prescriptions electronically if he or she
24certifies to the Department of Financial and Professional
25Regulation that he or she will not issue more than 150 25



HB2077 Enrolled- 38 -LRB103 05331 AMQ 50350 b

1prescriptions during a 12-month period. Prescriptions in both
2oral and written form for controlled substances shall be
3included in determining whether the prescriber will reach the
4limit of 150 25 prescriptions. Beginning January 1, 2029,
5notwithstanding any other provision of this Section or any
6other provision of law, a prescriber shall not be required to
7issue prescriptions electronically if he or she certifies to
8the Department of Financial and Professional Regulation that
9he or she will not issue more than 50 prescriptions during a
1012-month period. Prescriptions in both oral and written form
11for controlled substances shall be included in determining
12whether the prescriber will reach the limit of 50
14    (b-5) Notwithstanding any other provision of this Section
15or any other provision of law, a prescriber shall not be
16required to issue prescriptions electronically under the
17following circumstances:
18        (1) prior to January 1, 2026, the prescriber
19    demonstrates financial difficulties in buying or managing
20    an electronic prescription option, whether it is an
21    electronic health record or some other electronic
22    prescribing product;
23        (2) on and after January 1, 2026, the prescriber
24    provides proof of a waiver from the Centers for Medicare
25    and Medicaid Services for the Electronic Prescribing for
26    Controlled Substances Program due to demonstrated economic



HB2077 Enrolled- 39 -LRB103 05331 AMQ 50350 b

1    hardship for the previous compliance year;
2        (3) there is a temporary technological or electrical
3    failure that prevents an electronic prescription from
4    being issued;
5        (4) the prescription is for a drug that the
6    practitioner reasonably determines would be impractical
7    for the patient to obtain in a timely manner if prescribed
8    by an electronic data transmission prescription and the
9    delay would adversely impact the patient's medical
10    condition;
11        (5) the prescription is for an individual who:
12            (A) resides in a nursing or assisted living
13        facility;
14            (B) is receiving hospice or palliative care;
15            (C) is receiving care at an outpatient renal
16        dialysis facility and the prescription is related to
17        the care provided;
18            (D) is receiving care through the United States
19        Department of Veterans Affairs; or
20            (E) is incarcerated in a state, detained, or
21        confined in a correctional facility;
22        (6) the prescription prescribes a drug under a
23    research protocol;
24        (7) the prescription is a non-patient specific
25    prescription dispensed under a standing order, approved
26    protocol for drug therapy, collaborative drug management,



HB2077 Enrolled- 40 -LRB103 05331 AMQ 50350 b

1    or comprehensive medication management, or in response to
2    a public health emergency or other circumstance in which
3    the practitioner may issue a non-patient specific
4    prescription;
5        (8) the prescription is issued when the prescriber and
6    dispenser are the same entity; or
7        (9) the prescription is issued for a compound
8    prescription containing 2 or more compounds.
9    (c) The Department of Financial and Professional
10Regulation may shall adopt rules for the administration of
11this Section . These rules shall provide for the
12implementation of any such exemption to the requirements under
13this Section that the Department of Financial and Professional
14Regulation may deem appropriate, including the exemption
15provided for in subsection (b).
16    (d) Any prescriber who makes a good faith effort to
17prescribe electronically, but for reasons not within the
18prescriber's control is unable to prescribe electronically,
19may be exempt from any disciplinary action.
20    (e) Any pharmacist who dispenses in good faith based upon
21a valid prescription that is not prescribed electronically may
22be exempt from any disciplinary action. A pharmacist is not
23required to ensure or responsible for ensuring the
24prescriber's compliance under subsection (b), nor may any
25other entity or organization require a pharmacist to ensure
26the prescriber's compliance with that subsection.



HB2077 Enrolled- 41 -LRB103 05331 AMQ 50350 b

1    (f) It shall be a violation of this Section for any
2prescriber or dispenser to adopt a policy contrary to this
4(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
5102-1109 for effective date of P.A. 102-490).)