Sen. Steve McClure

Filed: 5/2/2023





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2    AMENDMENT NO. ______. Amend House Bill 2077 by replacing
3everything after the enacting clause with the following:
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8    (Section scheduled to be repealed on January 1, 2026)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.



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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Board" means the Board of Dentistry.
6    "Dentist" means a person who has received a general
7license pursuant to paragraph (a) of Section 11 of this Act and
8who may perform any intraoral and extraoral procedure required
9in the practice of dentistry and to whom is reserved the
10responsibilities specified in Section 17.
11    "Dental hygienist" means a person who holds a license
12under this Act to perform dental services as authorized by
13Section 18.
14    "Dental assistant" means an appropriately trained person
15who, under the supervision of a dentist, provides dental
16services as authorized by Section 17.
17    "Expanded function dental assistant" means a dental
18assistant who has completed the training required by Section
1917.1 of this Act.
20    "Dental laboratory" means a person, firm, or corporation
22        (i) engages in making, providing, repairing, or
23    altering dental prosthetic appliances and other artificial
24    materials and devices which are returned to a dentist for
25    insertion into the human oral cavity or which come in
26    contact with its adjacent structures and tissues; and



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1        (ii) utilizes or employs a dental technician to
2    provide such services; and
3        (iii) performs such functions only for a dentist or
4    dentists.
5    "Supervision" means supervision of a dental hygienist or a
6dental assistant requiring that a dentist authorize the
7procedure, remain in the dental facility while the procedure
8is performed, and approve the work performed by the dental
9hygienist or dental assistant before dismissal of the patient,
10but does not mean that the dentist must be present at all times
11in the treatment room.
12    "General supervision" means supervision of a dental
13hygienist requiring that the patient be a patient of record,
14that the dentist examine the patient in accordance with
15Section 18 prior to treatment by the dental hygienist, and
16that the dentist authorize the procedures which are being
17carried out by a notation in the patient's record, but not
18requiring that a dentist be present when the authorized
19procedures are being performed. The issuance of a prescription
20to a dental laboratory by a dentist does not constitute
21general supervision.
22    "Public member" means a person who is not a health
23professional. For purposes of board membership, any person
24with a significant financial interest in a health service or
25profession is not a public member.
26    "Dentistry" means the healing art which is concerned with



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



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1    "Nurse" means a registered professional nurse, a certified
2registered nurse anesthetist licensed as an advanced practice
3registered nurse, or a licensed practical nurse licensed under
4the Nurse Practice Act.
5    "Patient of record" means a patient for whom the patient's
6most recent dentist has obtained a relevant medical and dental
7history and on whom the dentist has performed an examination
8and evaluated the condition to be treated.
9    "Dental responder" means a dentist or dental hygienist who
10is appropriately certified in disaster preparedness,
11immunizations, and dental humanitarian medical response
12consistent with the Society of Disaster Medicine and Public
13Health and training certified by the National Incident
14Management System or the National Disaster Life Support
16    "Mobile dental van or portable dental unit" means any
17self-contained or portable dental unit in which dentistry is
18practiced that can be moved, towed, or transported from one
19location to another in order to establish a location where
20dental services can be provided.
21    "Public health dental hygienist" means a hygienist who
22holds a valid license to practice in the State, has 2 years of
23full-time clinical experience or an equivalent of 4,000 hours
24of clinical experience, and has completed at least 42 clock
25hours of additional structured courses in dental education in
26advanced areas specific to public health dentistry.



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1    "Public health setting" means a federally qualified health
2center; a federal, State, or local public health facility;
3Head Start; a special supplemental nutrition program for
4Women, Infants, and Children (WIC) facility; a certified
5school-based health center or school-based oral health
6program; a prison; or a long-term care facility.
7    "Public health supervision" means the supervision of a
8public health dental hygienist by a licensed dentist who has a
9written public health supervision agreement with that public
10health dental hygienist while working in an approved facility
11or program that allows the public health dental hygienist to
12treat patients, without a dentist first examining the patient
13and being present in the facility during treatment, (1) who
14are eligible for Medicaid or (2) who are uninsured and whose
15household income is not greater than 300% 200% of the federal
16poverty level.
17    "Teledentistry" means the use of telehealth systems and
18methodologies in dentistry and includes patient care and
19education delivery using synchronous and asynchronous
20communications under a dentist's authority as provided under
21this Act.
22(Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19;
23102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff.
25    (225 ILCS 25/11)  (from Ch. 111, par. 2311)



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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 11. Types of dental licenses. The Department shall
3have the authority to issue the following types of licenses:
4    (a) General licenses. The Department shall issue a license
5authorizing practice as a dentist to any person who qualifies
6for a license under this Act.
7    (b) Specialty licenses. The Department shall issue a
8license authorizing practice as a specialist in any particular
9branch of dentistry to any dentist who has complied with the
10requirements established for that particular branch of
11dentistry at the time of making application. The Department
12shall establish additional requirements of any dentist who
13announces or holds himself or herself out to the public as a
14specialist or as being specially qualified in any particular
15branch of dentistry.
16    No dentist shall announce or hold himself or herself out
17to the public as a specialist or as being specially qualified
18in any particular branch of dentistry unless he or she is
19licensed to practice in that specialty of dentistry.
20    The fact that any dentist shall announce by card,
21letterhead, or any other form of communication using terms as
22"Specialist", ," "Practice Limited To", or "Limited to
23Specialty of" with the name of the branch of dentistry
24practiced as a specialty, or shall use equivalent words or
25phrases to announce the same, shall be prima facie evidence
26that the dentist is holding himself or herself out to the



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1public as a specialist.
2    (c) Temporary training licenses. Persons who wish to
3pursue specialty or other advanced clinical educational
4programs in an approved dental school or a hospital situated
5in this State, or persons who wish to pursue programs of
6specialty training in dental public health in public agencies
7in this State, may receive without examination, in the
8discretion of the Department, a temporary training license. In
9order to receive a temporary training license under this
10subsection, an applicant shall furnish satisfactory proof to
11the Department that:
12        (1) The applicant is at least 21 years of age and is of
13    good moral character. In determining moral character under
14    this Section, the Department may take into consideration
15    any felony conviction of the applicant, but such a
16    conviction shall not operate as bar to licensure;
17        (2) The applicant has been accepted or appointed for
18    specialty or residency training by an approved hospital
19    situated in this State, by an approved dental school
20    situated in this State, or by a public health agency in
21    this State the training programs of which are recognized
22    and approved by the Department. The applicant shall
23    indicate the beginning and ending dates of the period for
24    which he or she has been accepted or appointed;
25        (3) The applicant is a graduate of a dental school or
26    college approved and in good standing in the judgment of



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1    the Department. The Department may consider diplomas or
2    certifications of education, or both, accompanied by
3    transcripts of course work and credits awarded to
4    determine if an applicant has graduated from a dental
5    school or college approved and in good standing. The
6    Department may also consider diplomas or certifications of
7    education, or both, accompanied by transcripts of course
8    work and credits awarded in determining whether a dental
9    school or college is approved and in good standing.
10    Temporary training licenses issued under this Section
11shall be valid only for the duration of the period of residency
12or specialty training and may be extended or renewed as
13prescribed by rule. The holder of a valid temporary training
14license shall be entitled thereby to perform acts as may be
15prescribed by and incidental to his or her program of
16residency or specialty training; but he or she shall not be
17entitled to engage in the practice of dentistry in this State.
18    A temporary training license may be revoked by the
19Department upon proof that the holder has engaged in the
20practice of dentistry in this State outside of his or her
21program of residency or specialty training, or if the holder
22shall fail to supply the Department, within 10 days of its
23request, with information as to his or her current status and
24activities in his or her specialty training program.
25    (d) Faculty limited licenses. Persons who have received
26full-time appointments to teach dentistry at an approved



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1dental school or hospital situated in this State may receive
2without examination, in the discretion of the Department, a
3faculty limited license. In order to receive a faculty limited
4license an applicant shall furnish satisfactory proof to the
5Department that:
6        (1) The applicant is at least 21 years of age, is of
7    good moral character, and is licensed to practice
8    dentistry in another state or country; and
9        (2) The applicant has a full-time appointment to teach
10    dentistry at an approved dental school or hospital
11    situated in this State.
12    Faculty limited licenses issued under this Section shall
13be valid for a period of 3 years and may be extended or
14renewed. The holder of a valid faculty limited license may
15perform acts as may be required by his or her teaching of
16dentistry. The In addition, the holder of a faculty limited
17license may practice general dentistry or in his or her area of
18specialty, but only in a clinic or office affiliated with the
19dental school. The holder of a faculty limited license may
20advertise a specialty degree as part of the licensee's ability
21to practice in a faculty practice. Any faculty limited license
22issued to a faculty member under this Section shall terminate
23immediately and automatically, without any further action by
24the Department, if the holder ceases to be a faculty member at
25an approved dental school or hospital in this State.
26    The Department may revoke a faculty limited license for a



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1violation of this Act or its rules, or if the holder fails to
2supply the Department, within 10 days of its request, with
3information as to his or her current status and activities in
4his or her teaching program.
5    (e) Inactive status. Any person who holds one of the
6licenses under subsection (a) or (b) of Section 11 or under
7Section 12 of this Act may elect, upon payment of the required
8fee, to place his or her license on an inactive status and
9shall, subject to the rules of the Department, be excused from
10the payment of renewal fees until he or she notifies the
11Department in writing of his or her desire to resume active
13    Any licensee requesting restoration from inactive status
14shall be required to pay the current renewal fee and upon
15payment the Department shall be required to restore his or her
16license, as provided in Section 16 of this Act.
17    Any licensee whose license is in an inactive status shall
18not practice in the State of Illinois.
19    (f) Certificates of Identification. In addition to the
20licenses authorized by this Section, the Department shall
21deliver to each dentist a certificate of identification in a
22form specified by the Department.
23(Source: P.A. 100-976, eff. 1-1-19.)
24    (225 ILCS 25/16.1)  (from Ch. 111, par. 2316.1)
25    (Section scheduled to be repealed on January 1, 2026)



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1    Sec. 16.1. Continuing education. The Department shall
2promulgate rules of continuing education for persons licensed
3under this Act. In establishing rules, the Department shall
4require a minimum of 48 hours of study in approved courses for
5dentists during each 3-year licensing period and a minimum of
636 hours of study in approved courses for dental hygienists
7during each 3-year licensing period.
8    The Department shall approve only courses that are
9relevant to the treatment and care of patients, including, but
10not limited to, clinical courses in dentistry and dental
11hygiene and nonclinical courses such as patient management,
12legal and ethical responsibilities, and stress management. The
13Department shall allow up to 4 hours of continuing education
14credit hours per license renewal period for volunteer hours
15spent providing clinical services at, or sponsored by, a
16nonprofit community clinic, local or state health department,
17or a charity event. Courses shall not be approved in such
18subjects as estate and personal financial planning, personal
19investments, or personal health. Approved courses may include,
20but shall not be limited to, courses that are offered or
21sponsored by approved colleges, universities, and hospitals
22and by recognized national, State, and local dental and dental
23hygiene organizations. When offering a continuing education
24course, whether at no cost or for a fee, the course provider
25shall explicitly disclose that the course is an approved
26course for continuing education in the State of Illinois, as



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1provided in this Section or by the rules adopted by the
3    No license shall be renewed unless the renewal application
4is accompanied by an affidavit indicating that the applicant
5has completed the required minimum number of hours of
6continuing education in approved courses as required by this
7Section. The affidavit shall not require a listing of courses.
8The affidavit shall be a prima facie evidence that the
9applicant has obtained the minimum number of required
10continuing education hours in approved courses. The Department
11shall not be obligated to conduct random audits or otherwise
12independently verify that an applicant has met the continuing
13education requirement. The Department, however, may not
14conduct random audits of more than 10% of the licensed
15dentists and dental hygienists in any one licensing cycle to
16verify compliance with continuing education requirements. If
17the Department, however, receives a complaint that a licensee
18has not completed the required continuing education or if the
19Department is investigating another alleged violation of this
20Act by a licensee, the Department may demand and shall be
21entitled to receive evidence from any licensee of completion
22of required continuing education courses for the most recently
23completed 3-year licensing period. Evidence of continuing
24education may include, but is not limited to, canceled checks,
25official verification forms of attendance, and continuing
26education recording forms, that demonstrate a reasonable



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1record of attendance. The Board shall determine, in accordance
2with rules adopted by the Department, whether a licensee or
3applicant has met the continuing education requirements. Any
4dentist who holds more than one license under this Act shall be
5required to complete only the minimum number of hours of
6continuing education required for renewal of a single license.
7The Department may provide exemptions from continuing
8education requirements.
9(Source: P.A. 99-492, eff. 12-31-15.)
10    (225 ILCS 25/17)  (from Ch. 111, par. 2317)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 17. Acts constituting the practice of dentistry. A
13person practices dentistry, within the meaning of this Act:
14        (1) Who represents himself or herself as being able to
15    diagnose or diagnoses, treats, prescribes, or operates for
16    any disease, pain, deformity, deficiency, injury, or
17    physical condition of the human tooth, teeth, alveolar
18    process, gums, or jaw; or
19        (2) Who is a manager, proprietor, operator, or
20    conductor of a business where dental operations are
21    performed; or
22        (3) Who performs dental operations of any kind; or
23        (4) Who uses an X-Ray machine or X-Ray films for
24    dental diagnostic purposes; or
25        (5) Who extracts a human tooth or teeth, or corrects



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1    or attempts to correct malpositions of the human teeth or
2    jaws; or
3        (6) Who offers or undertakes, by any means or method,
4    to diagnose, treat, or remove stains, calculus, and
5    bonding materials from human teeth or jaws; or
6        (7) Who uses or administers local or general
7    anesthetics in the treatment of dental or oral diseases or
8    in any preparation incident to a dental operation of any
9    kind or character; or
10        (8) Who takes material or digital scans for final
11    impressions of the human tooth, teeth, or jaws or performs
12    any phase of any operation incident to the replacement of
13    a part of a tooth, a tooth, teeth, or associated tissues by
14    means of a filling, crown, a bridge, a denture, or other
15    appliance; or
16        (9) Who offers to furnish, supply, construct,
17    reproduce, or repair, or who furnishes, supplies,
18    constructs, reproduces, or repairs, prosthetic dentures,
19    bridges, or other substitutes for natural teeth, to the
20    user or prospective user thereof; or
21        (10) Who instructs students on clinical matters or
22    performs any clinical operation included in the curricula
23    of recognized dental schools and colleges; or
24        (11) Who takes material or digital scans for final
25    impressions of human teeth or places his or her hands in
26    the mouth of any person for the purpose of applying teeth



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1    whitening materials, or who takes impressions of human
2    teeth or places his or her hands in the mouth of any person
3    for the purpose of assisting in the application of teeth
4    whitening materials. A person does not practice dentistry
5    when he or she discloses to the consumer that he or she is
6    not licensed as a dentist under this Act and (i) discusses
7    the use of teeth whitening materials with a consumer
8    purchasing these materials; (ii) provides instruction on
9    the use of teeth whitening materials with a consumer
10    purchasing these materials; or (iii) provides appropriate
11    equipment on-site to the consumer for the consumer to
12    self-apply teeth whitening materials.
13    The fact that any person engages in or performs, or offers
14to engage in or perform, any of the practices, acts, or
15operations set forth in this Section, shall be prima facie
16evidence that such person is engaged in the practice of
18    The following practices, acts, and operations, however,
19are exempt from the operation of this Act:
20        (a) The rendering of dental relief in emergency cases
21    in the practice of his or her profession by a physician or
22    surgeon, licensed as such under the laws of this State,
23    unless he or she undertakes to reproduce or reproduces
24    lost parts of the human teeth in the mouth or to restore or
25    replace lost or missing teeth in the mouth; or
26        (b) The practice of dentistry in the discharge of



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1    their official duties by dentists in any branch of the
2    Armed Services of the United States, the United States
3    Public Health Service, or the United States Veterans
4    Administration; or
5        (c) The practice of dentistry by students in their
6    course of study in dental schools or colleges approved by
7    the Department, when acting under the direction and
8    supervision of dentists acting as instructors; or
9        (d) The practice of dentistry by clinical instructors
10    in the course of their teaching duties in dental schools
11    or colleges approved by the Department:
12            (i) when acting under the direction and
13        supervision of dentists, provided that such clinical
14        instructors have instructed continuously in this State
15        since January 1, 1986; or
16            (ii) when holding the rank of full professor at
17        such approved dental school or college and possessing
18        a current valid license or authorization to practice
19        dentistry in another country; or
20        (e) The practice of dentistry by licensed dentists of
21    other states or countries at meetings of the Illinois
22    State Dental Society or component parts thereof, alumni
23    meetings of dental colleges, or any other like dental
24    organizations, while appearing as clinicians; or
25        (f) The use of X-Ray machines for exposing X-Ray films
26    of dental or oral tissues by dental hygienists or dental



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1    assistants; or
2        (g) The performance of any dental service by a dental
3    assistant, if such service is performed under the
4    supervision and full responsibility of a dentist. In
5    addition, after being authorized by a dentist, a dental
6    assistant may, for the purpose of eliminating pain or
7    discomfort, remove loose, broken, or irritating
8    orthodontic appliances on a patient of record.
9        For purposes of this paragraph (g), "dental service"
10    is defined to mean any intraoral procedure or act which
11    shall be prescribed by rule or regulation of the
12    Department. "Dental service", however, shall not include:
13            (1) Any and all diagnosis of or prescription for
14        treatment of disease, pain, deformity, deficiency,
15        injury, or physical condition of the human teeth or
16        jaws, or adjacent structures.
17            (2) Removal of, or restoration of, or addition to
18        the hard or soft tissues of the oral cavity, except for
19        the placing, carving, and finishing of amalgam
20        restorations and placing, packing, and finishing
21        composite restorations by dental assistants who have
22        had additional formal education and certification.
23            A dental assistant may place, carve, and finish
24        amalgam restorations, place, pack, and finish
25        composite restorations, and place interim restorations
26        if he or she (A) has successfully completed a



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1        structured training program as described in item (2)
2        of subsection (g) provided by an educational
3        institution accredited by the Commission on Dental
4        Accreditation, such as a dental school or dental
5        hygiene or dental assistant program, or (B) has at
6        least 4,000 hours of direct clinical patient care
7        experience and has successfully completed a structured
8        training program as described in item (2) of
9        subsection (g) provided by a statewide dental
10        association, approved by the Department to provide
11        continuing education, that has developed and conducted
12        training programs for expanded functions for dental
13        assistants or hygienists. The training program must:
14        (i) include a minimum of 16 hours of didactic study and
15        14 hours of clinical manikin instruction; all training
16        programs shall include areas of study in nomenclature,
17        caries classifications, oral anatomy, periodontium,
18        basic occlusion, instrumentations, pulp protection
19        liners and bases, dental materials, matrix and wedge
20        techniques, amalgam placement and carving, rubber dam
21        clamp placement, and rubber dam placement and removal;
22        (ii) include an outcome assessment examination that
23        demonstrates competency; (iii) require the supervising
24        dentist to observe and approve the completion of 8
25        amalgam or composite restorations; and (iv) issue a
26        certificate of completion of the training program,



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1        which must be kept on file at the dental office and be
2        made available to the Department upon request. A
3        dental assistant must have successfully completed an
4        approved coronal polishing and dental sealant course
5        prior to taking the amalgam and composite restoration
6        course.
7            A dentist utilizing dental assistants shall not
8        supervise more than 4 dental assistants at any one
9        time for placing, carving, and finishing of amalgam
10        restorations or for placing, packing, and finishing
11        composite restorations.
12            (3) Any and all correction of malformation of
13        teeth or of the jaws.
14            (4) Administration of anesthetics, except for
15        monitoring of nitrous oxide, conscious sedation, deep
16        sedation, and general anesthetic as provided in
17        Section 8.1 of this Act, that may be performed only
18        after successful completion of a training program
19        approved by the Department. A dentist utilizing dental
20        assistants shall not supervise more than 4 dental
21        assistants at any one time for the monitoring of
22        nitrous oxide.
23            (5) Removal of calculus from human teeth.
24            (6) Taking of material or digital scans for final
25        impressions for the fabrication of prosthetic
26        appliances, crowns, bridges, inlays, onlays, or other



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1        restorative or replacement dentistry.
2            (7) The operative procedure of dental hygiene
3        consisting of oral prophylactic procedures, except for
4        coronal polishing and pit and fissure sealants, which
5        may be performed by a dental assistant who has
6        successfully completed a training program approved by
7        the Department. Dental assistants may perform coronal
8        polishing under the following circumstances: (i) the
9        coronal polishing shall be limited to polishing the
10        clinical crown of the tooth and existing restorations,
11        supragingivally; (ii) the dental assistant performing
12        the coronal polishing shall be limited to the use of
13        rotary instruments using a rubber cup or brush
14        polishing method (air polishing is not permitted); and
15        (iii) the supervising dentist shall not supervise more
16        than 4 dental assistants at any one time for the task
17        of coronal polishing or pit and fissure sealants.
18            In addition to coronal polishing and pit and
19        fissure sealants as described in this item (7), a
20        dental assistant who has at least 2,000 hours of
21        direct clinical patient care experience and who has
22        successfully completed a structured training program
23        provided by (1) an educational institution including,
24        but not limited to, a dental school or dental hygiene
25        or dental assistant program, or (2) a continuing
26        education provider approved by the Department, or (3)



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1        a statewide dental or dental hygienist association,
2        approved by the Department on or before January 1,
3        2017 (the effective date of Public Act 99-680), that
4        has developed and conducted a training program for
5        expanded functions for dental assistants or hygienists
6        may perform: (A) coronal scaling above the gum line,
7        supragingivally, on the clinical crown of the tooth
8        only on patients 17 years of age or younger who have an
9        absence of periodontal disease and who are not
10        medically compromised or individuals with special
11        needs and (B) intracoronal temporization of a tooth.
12        The training program must: (I) include a minimum of 32
13        hours of instruction in both didactic and clinical
14        manikin or human subject instruction; all training
15        programs shall include areas of study in dental
16        anatomy, public health dentistry, medical history,
17        dental emergencies, and managing the pediatric
18        patient; (II) include an outcome assessment
19        examination that demonstrates competency; (III)
20        require the supervising dentist to observe and approve
21        the completion of 6 full mouth supragingival scaling
22        procedures unless the training was received as part of
23        a Commission on Dental Accreditation approved dental
24        assistant program; and (IV) issue a certificate of
25        completion of the training program, which must be kept
26        on file at the dental office and be made available to



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1        the Department upon request. A dental assistant must
2        have successfully completed an approved coronal
3        polishing course prior to taking the coronal scaling
4        course. A dental assistant performing these functions
5        shall be limited to the use of hand instruments only.
6        In addition, coronal scaling as described in this
7        paragraph shall only be utilized on patients who are
8        eligible for Medicaid, who are uninsured, or whose
9        household income is not greater than 300% of the
10        federal poverty level. A dentist may not supervise
11        more than 2 dental assistants at any one time for the
12        task of coronal scaling. This paragraph is inoperative
13        on and after January 1, 2026.
14        The limitations on the number of dental assistants a
15    dentist may supervise contained in items (2), (4), and (7)
16    of this paragraph (g) mean a limit of 4 total dental
17    assistants or dental hygienists doing expanded functions
18    covered by these Sections being supervised by one dentist;
19    or
20        (h) The practice of dentistry by an individual who:
21            (i) has applied in writing to the Department, in
22        form and substance satisfactory to the Department, for
23        a general dental license and has complied with all
24        provisions of Section 9 of this Act, except for the
25        passage of the examination specified in subsection (e)
26        of Section 9 of this Act; or



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



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1            (1) the decision of the Department that the
2        applicant has failed the examination; or
3            (2) denial of licensure by the Department; or
4            (3) withdrawal of the application.
5(Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21;
6102-936, eff. 1-1-23.)
7    (225 ILCS 25/19)  (from Ch. 111, par. 2319)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 19. Licensing applicants from other states. Any
10person who has been lawfully licensed to practice dentistry,
11including the practice of a licensed dental specialty, or
12dental hygiene in another state or territory or as a member of
13the military service which has and maintains a standard for
14the practice of dentistry, a dental specialty, or dental
15hygiene at least equal to that now maintained in this State, or
16if the requirements for licensure in such state or territory
17in which the applicant was licensed were, at the date of his or
18her licensure, substantially equivalent to the requirements
19then in force in this State, and who has been lawfully engaged
20in the practice of dentistry or dental hygiene for at least 2 3
21of the 5 years immediately preceding the filing of his or her
22application to practice in this State and who shall deposit
23with the Department a duly attested certificate from the Board
24of the state or territory in which he or she is licensed,
25certifying to the fact of his or her licensing and of his or



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1her being a person of good moral character may, upon payment of
2the required fee, be granted a license to practice dentistry,
3a dental specialty, or dental hygiene in this State, as the
4case may be.
5    For the purposes of this Section, "substantially
6equivalent" means that the applicant has presented evidence of
7completion and graduation from an American Dental Association
8accredited dental college or school in the United States or
9Canada, presented evidence that the applicant has passed both
10parts of the National Board Dental Examination, and
11successfully completed an examination conducted by a regional
12testing service. In computing 3 of the immediately preceding 5
13years of practice in another state or territory, any person
14who left the practice of dentistry to enter the military
15service and who practiced dentistry while in the military
16service may count as a part of such period the time spent by
17him or her in such service.
18    Applicants have 3 years from the date of application to
19complete the application process. If the process has not been
20completed in 3 years, the application shall be denied, the fee
21forfeited and the applicant must reapply and meet the
22requirements in effect at the time of reapplication.
23(Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12.)
24    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
25    (Section scheduled to be repealed on January 1, 2026)



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1    Sec. 23. Refusal, revocation or suspension of dental
2licenses. The Department may refuse to issue or renew, or may
3revoke, suspend, place on probation, reprimand or take other
4disciplinary or non-disciplinary action as the Department may
5deem proper, including imposing fines not to exceed $10,000
6per violation, with regard to any license for any one or any
7combination of the following causes:
8        1. Fraud or misrepresentation in applying for or
9    procuring a license under this Act, or in connection with
10    applying for renewal of a license under this Act.
11        2. Inability to practice with reasonable judgment,
12    skill, or safety as a result of habitual or excessive use
13    or addiction to alcohol, narcotics, stimulants, or any
14    other chemical agent or drug.
15        3. Willful or repeated violations of the rules of the
16    Department of Public Health or Department of Nuclear
17    Safety.
18        4. Acceptance of a fee for service as a witness,
19    without the knowledge of the court, in addition to the fee
20    allowed by the court.
21        5. Division of fees or agreeing to split or divide the
22    fees received for dental services with any person for
23    bringing or referring a patient, except in regard to
24    referral services as provided for under Section 45, or
25    assisting in the care or treatment of a patient, without
26    the knowledge of the patient or his or her legal



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1    representative. Nothing in this item 5 affects any bona
2    fide independent contractor or employment arrangements
3    among health care professionals, health facilities, health
4    care providers, or other entities, except as otherwise
5    prohibited by law. Any employment arrangements may include
6    provisions for compensation, health insurance, pension, or
7    other employment benefits for the provision of services
8    within the scope of the licensee's practice under this
9    Act. Nothing in this item 5 shall be construed to require
10    an employment arrangement to receive professional fees for
11    services rendered.
12        6. Employing, procuring, inducing, aiding or abetting
13    a person not licensed or registered as a dentist or dental
14    hygienist to engage in the practice of dentistry or dental
15    hygiene. The person practiced upon is not an accomplice,
16    employer, procurer, inducer, aider, or abetter within the
17    meaning of this Act.
18        7. Making any misrepresentations or false promises,
19    directly or indirectly, to influence, persuade or induce
20    dental patronage.
21        8. Professional connection or association with or
22    lending his or her name to another for the illegal
23    practice of dentistry by another, or professional
24    connection or association with any person, firm or
25    corporation holding himself, herself, themselves, or
26    itself out in any manner contrary to this Act.



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1        9. Obtaining or seeking to obtain practice, money, or
2    any other things of value by false or fraudulent
3    representations, but not limited to, engaging in such
4    fraudulent practice to defraud the medical assistance
5    program of the Department of Healthcare and Family
6    Services (formerly Department of Public Aid) under the
7    Illinois Public Aid Code.
8        10. Practicing under a false or, except as provided by
9    law, an assumed name.
10        11. Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        12. Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment or by
15    sentencing for any crime, including, but not limited to,
16    convictions, preceding sentences of supervision,
17    conditional discharge, or first offender probation, under
18    the laws of any jurisdiction of the United States that (i)
19    is a felony under the laws of this State or (ii) is a
20    misdemeanor, an essential element of which is dishonesty,
21    or that is directly related to the practice of dentistry.
22        13. Permitting a dental hygienist, dental assistant or
23    other person under his or her supervision to perform any
24    operation not authorized by this Act.
25        14. Permitting more than 4 dental hygienists to be
26    employed under his or her supervision at any one time.



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1        15. A violation of any provision of this Act or any
2    rules promulgated under this Act.
3        16. Taking impressions for or using the services of
4    any person, firm or corporation violating this Act.
5        17. Violating any provision of Section 45 relating to
6    advertising.
7        18. Discipline by another U.S. jurisdiction or foreign
8    nation, if at least one of the grounds for the discipline
9    is the same or substantially equivalent to those set forth
10    within this Act.
11        19. Willfully failing to report an instance of
12    suspected child abuse or neglect as required by the Abused
13    and Neglected Child Reporting Act.
14        20. Gross negligence in practice under this Act.
15        21. The use or prescription for use of narcotics or
16    controlled substances or designated products as listed in
17    the Illinois Controlled Substances Act, in any way other
18    than for therapeutic purposes.
19        22. Willfully making or filing false records or
20    reports in his or her practice as a dentist, including,
21    but not limited to, false records to support claims
22    against the dental assistance program of the Department of
23    Healthcare and Family Services (formerly Illinois
24    Department of Public Aid).
25        23. Professional incompetence as manifested by poor
26    standards of care.



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1        24. Physical or mental illness, including, but not
2    limited to, deterioration through the aging process, or
3    loss of motor skills which results in a dentist's
4    inability to practice dentistry with reasonable judgment,
5    skill or safety. In enforcing this paragraph, the
6    Department may compel a person licensed to practice under
7    this Act to submit to a mental or physical examination
8    pursuant to the terms and conditions of Section 23b.
9        25. Gross or repeated irregularities in billing for
10    services rendered to a patient. For purposes of this
11    paragraph 25, "irregularities in billing" shall include:
12            (a) Reporting excessive charges for the purpose of
13        obtaining a total payment in excess of that usually
14        received by the dentist for the services rendered.
15            (b) Reporting charges for services not rendered.
16            (c) Incorrectly reporting services rendered for
17        the purpose of obtaining payment not earned.
18        26. Continuing the active practice of dentistry while
19    knowingly having any infectious, communicable, or
20    contagious disease proscribed by rule or regulation of the
21    Department.
22        27. Being named as a perpetrator in an indicated
23    report by the Department of Children and Family Services
24    pursuant to the Abused and Neglected Child Reporting Act,
25    and upon proof by clear and convincing evidence that the
26    licensee has caused a child to be an abused child or



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1    neglected child as defined in the Abused and Neglected
2    Child Reporting Act.
3        28. Violating the Health Care Worker Self-Referral
4    Act.
5        29. Abandonment of a patient.
6        30. Mental incompetency as declared by a court of
7    competent jurisdiction.
8        31. A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        32. Material misstatement in furnishing information to
12    the Department.
13        33. Failing, within 60 days, to provide information in
14    response to a written request by the Department in the
15    course of an investigation.
16        34. Immoral conduct in the commission of any act,
17    including, but not limited to, commission of an act of
18    sexual misconduct related to the licensee's practice.
19        35. Cheating on or attempting to subvert the licensing
20    examination administered under this Act.
21        36. A pattern of practice or other behavior that
22    demonstrates incapacity or incompetence to practice under
23    this Act.
24        37. Failure to establish and maintain records of
25    patient care and treatment as required under this Act.
26        38. Failure to provide copies of dental records as



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1    required by law.
2        39. Failure of a licensed dentist who owns or is
3    employed at a dental office to give notice of an office
4    closure to his or her patients at least 30 days prior to
5    the office closure pursuant to Section 50.1.
6        40. Failure to maintain a sanitary work environment.
7    All proceedings to suspend, revoke, place on probationary
8status, or take any other disciplinary action as the
9Department may deem proper, with regard to a license on any of
10the foregoing grounds, must be commenced within 5 years after
11receipt by the Department of a complaint alleging the
12commission of or notice of the conviction order for any of the
13acts described herein. Except for fraud in procuring a
14license, no action shall be commenced more than 7 years after
15the date of the incident or act alleged to have violated this
16Section. The time during which the holder of the license was
17outside the State of Illinois shall not be included within any
18period of time limiting the commencement of disciplinary
19action by the Department.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    The Department may refuse to issue or may suspend the
25license of any person who fails to file a return, or to pay the
26tax, penalty or interest shown in a filed return, or to pay any



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1final assessment of tax, penalty or interest, as required by
2any tax Act administered by the Illinois Department of
3Revenue, until such time as the requirements of any such tax
4Act are satisfied.
5    Any dentist who has had his or her license suspended or
6revoked for more than 5 years must comply with the
7requirements for restoration set forth in Section 16 prior to
8being eligible for reinstatement from the suspension or
10(Source: P.A. 99-492, eff. 12-31-15.)
11    (225 ILCS 25/50)  (from Ch. 111, par. 2350)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 50. Patient records. Every dentist shall make a
14record of all dental work performed for each patient. The
15record shall be made in a manner and in sufficient detail that
16it may be used for identification purposes. Dental records are
17the property of the office in which dentistry is practiced.
18    Dental records required by this Section shall be
19maintained for 10 years. Dental records required to be
20maintained under this Section, or copies of those dental
21records, shall be made available upon request to the patient
22or the patient's guardian. A dentist shall be entitled to
23reasonable reimbursement for the cost of reproducing these
24records, which shall not exceed the cost allowed under Section
258-2001 of the Code of Civil Procedure. A dentist providing



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1services through a mobile dental van or portable dental unit
2shall provide to the patient or the patient's parent or
3guardian, in writing, the dentist's name, license number,
4address, and information on how the patient or the patient's
5parent or guardian may obtain the patient's dental records, as
6provided by law.
7(Source: P.A. 99-492, eff. 12-31-15.)
8    (225 ILCS 25/50.1 new)
9    Sec. 50.1. Closing a dental office. A dental office that
10is closing and will not continue to offer dentistry services
11must provide notice to its patients at least 30 days prior to
12the closure. The notice to patients shall include an
13explanation of how copies of the patient's records may be
14accessed or obtained by the patient. The notice may be given by
15publication in a newspaper of general circulation in the area
16in which the dental office is located or in an electronic
17format accessible by patients.
18    Section 10. The Illinois Controlled Substances Act is
19amended by changing Sections 309 and 311.6 as follows:
20    (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
21    Sec. 309. On or after April 1, 2000, no person shall issue
22a prescription for a Schedule II controlled substance, which
23is a narcotic drug listed in Section 206 of this Act; or which



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1contains any quantity of amphetamine or methamphetamine, their
2salts, optical isomers or salts of optical isomers;
3phenmetrazine and its salts; gluthethimide; and pentazocine,
4other than on a written prescription; provided that in the
5case of an emergency, epidemic or a sudden or unforeseen
6accident or calamity, the prescriber may issue a lawful oral
7prescription where failure to issue such a prescription might
8result in loss of life or intense suffering, but such oral
9prescription shall include a statement by the prescriber
10concerning the accident or calamity, or circumstances
11constituting the emergency, the cause for which an oral
12prescription was used. Within 7 days after issuing an
13emergency prescription, the prescriber shall cause a written
14prescription for the emergency quantity prescribed to be
15delivered to the dispensing pharmacist. The prescription shall
16have written on its face "Authorization for Emergency
17Dispensing", and the date of the emergency prescription. The
18written prescription may be delivered to the pharmacist in
19person, or by mail, but if delivered by mail it must be
20postmarked within the 7-day period. Upon receipt, the
21dispensing pharmacist shall attach this prescription to the
22emergency oral prescription earlier received and reduced to
23writing. The dispensing pharmacist shall notify the Department
24of Financial and Professional Regulation if the prescriber
25fails to deliver the authorization for emergency dispensing on
26the prescription to him or her. Failure of the dispensing



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1pharmacist to do so shall void the authority conferred by this
2paragraph to dispense without a written prescription of a
3prescriber. All prescriptions issued for Schedule II
4controlled substances shall include the quantity prescribed.
5All nonelectronic prescriptions issued for Schedule II
6controlled substances shall include both a written and
7numerical notation of quantity on the face of the
8prescription. No prescription for a Schedule II controlled
9substance may be refilled. The Department shall provide, at no
10cost, audit reviews and necessary information to the
11Department of Financial and Professional Regulation in
12conjunction with ongoing investigations being conducted in
13whole or part by the Department of Financial and Professional
15(Source: P.A. 97-334, eff. 1-1-12.)
16    (720 ILCS 570/311.6)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
19    Sec. 311.6. Opioid prescriptions.
20    (a) Notwithstanding any other provision of law, a
21prescription for a substance classified in Schedule II, III,
22IV, or V must be sent electronically, in accordance with
23Section 316. Prescriptions sent in accordance with this
24subsection (a) must be accepted by the dispenser in electronic



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1    (b) Beginning on the effective date of this amendatory Act
2of the 103rd General Assembly until December 31, 2028,
3notwithstanding Notwithstanding any other provision of this
4Section or any other provision of law, a prescriber shall not
5be required to issue prescriptions electronically if he or she
6certifies to the Department of Financial and Professional
7Regulation that he or she will not issue more than 150 25
8prescriptions during a 12-month period. Prescriptions in both
9oral and written form for controlled substances shall be
10included in determining whether the prescriber will reach the
11limit of 150 25 prescriptions. Beginning January 1, 2029,
12notwithstanding any other provision of this Section or any
13other provision of law, a prescriber shall not be required to
14issue prescriptions electronically if he or she certifies to
15the Department of Financial and Professional Regulation that
16he or she will not issue more than 50 prescriptions during a
1712-month period. Prescriptions in both oral and written form
18for controlled substances shall be included in determining
19whether the prescriber will reach the limit of 50
21    (b-5) Notwithstanding any other provision of this Section
22or any other provision of law, a prescriber shall not be
23required to issue prescriptions electronically under the
24following circumstances:
25        (1) prior to January 1, 2026, the prescriber
26    demonstrates financial difficulties in buying or managing



10300HB2077sam003- 39 -LRB103 05331 SPS 61202 a

1    an electronic prescription option, whether it is an
2    electronic health record or some other electronic
3    prescribing product;
4        (2) on and after January 1, 2026, the prescriber
5    provides proof of a waiver from the Centers for Medicare
6    and Medicaid Services for the Electronic Prescribing for
7    Controlled Substances Program due to demonstrated economic
8    hardship for the previous compliance year;
9        (3) there is a temporary technological or electrical
10    failure that prevents an electronic prescription from
11    being issued;
12        (4) the prescription is for a drug that the
13    practitioner reasonably determines would be impractical
14    for the patient to obtain in a timely manner if prescribed
15    by an electronic data transmission prescription and the
16    delay would adversely impact the patient's medical
17    condition;
18        (5) the prescription is for an individual who:
19            (A) resides in a nursing or assisted living
20        facility;
21            (B) is receiving hospice or palliative care;
22            (C) is receiving care at an outpatient renal
23        dialysis facility and the prescription is related to
24        the care provided;
25            (D) is receiving care through the United States
26        Department of Veterans Affairs; or



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1            (E) is incarcerated in a state, detained, or
2        confined in a correctional facility;
3        (6) the prescription prescribes a drug under a
4    research protocol;
5        (7) the prescription is a non-patient specific
6    prescription dispensed under a standing order, approved
7    protocol for drug therapy, collaborative drug management,
8    or comprehensive medication management, or in response to
9    a public health emergency or other circumstance in which
10    the practitioner may issue a non-patient specific
11    prescription;
12        (8) the prescription is issued when the prescriber and
13    dispenser are the same entity; and
14        (9) the prescriptions is issued for a compound
15    prescription containing 2 or more compounds.
16    (c) The Department of Financial and Professional
17Regulation may shall adopt rules for the administration of
18this Section . These rules shall provide for the
19implementation of any such exemption to the requirements under
20this Section that the Department of Financial and Professional
21Regulation may deem appropriate, including the exemption
22provided for in subsection (b).
23    (d) Any prescriber who makes a good faith effort to
24prescribe electronically, but for reasons not within the
25prescriber's control is unable to prescribe electronically,
26may be exempt from any disciplinary action.



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1    (e) Any pharmacist who dispenses in good faith based upon
2a prescription that is not prescribed electronically is exempt
3from any disciplinary action.
4    (f) It shall be a violation of this Section for any
5prescriber or dispenser to adopt a policy contrary to this
7(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
8102-1109 for effective date of P.A. 102-490).)".