Full Text of HB2077 103rd General Assembly
HB2077sam004 103RD GENERAL ASSEMBLY | Sen. Steve McClure Filed: 5/5/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2077
| 2 | | AMENDMENT NO. ______. Amend House Bill 2077, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Dental Practice Act is amended by | 6 | | changing Sections 4, 11, 16.1, 17, 19, 23, and 50 and by adding | 7 | | Section 50.1 as follows:
| 8 | | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| 9 | | (Section scheduled to be repealed on January 1, 2026)
| 10 | | Sec. 4. Definitions. As used in this Act:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's or licensee's application | 13 | | file or license file as maintained by the Department's | 14 | | licensure maintenance unit. It is the duty of the applicant or | 15 | | licensee to inform the Department of any change of address and | 16 | | those changes must be made either through the Department's |
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| 1 | | website or by contacting the Department. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | "Secretary" means the Secretary of Financial and | 5 | | Professional Regulation.
| 6 | | "Board" means the Board of Dentistry.
| 7 | | "Dentist" means a person who has received a general | 8 | | license pursuant
to paragraph (a) of Section 11 of this Act and | 9 | | who may perform any intraoral
and extraoral procedure required | 10 | | in the practice of dentistry and to whom is
reserved the | 11 | | responsibilities specified in Section 17.
| 12 | | "Dental hygienist" means a person who holds a license | 13 | | under this Act to
perform dental services as authorized by | 14 | | Section 18.
| 15 | | "Dental assistant" means an appropriately trained person
| 16 | | who, under the supervision of a dentist, provides dental | 17 | | services
as authorized by Section 17.
| 18 | | "Expanded function dental assistant" means a dental | 19 | | assistant who has completed the training required by Section | 20 | | 17.1 of this Act. | 21 | | "Dental laboratory" means a person, firm , or corporation | 22 | | which:
| 23 | | (i) engages in making, providing, repairing , or | 24 | | altering dental
prosthetic appliances and other artificial | 25 | | materials and devices which are
returned to a dentist for | 26 | | insertion into the human oral cavity or which
come in |
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| 1 | | contact with its adjacent structures and tissues; and
| 2 | | (ii) utilizes or employs a dental technician to | 3 | | provide such services; and
| 4 | | (iii) performs such functions only for a dentist or | 5 | | dentists.
| 6 | | "Supervision" means supervision of a dental hygienist or a | 7 | | dental
assistant requiring that a dentist authorize the | 8 | | procedure, remain in the
dental facility while the procedure | 9 | | is performed, and approve the work
performed by the dental | 10 | | hygienist or dental assistant before dismissal of
the patient, | 11 | | but does not mean that the dentist must be present at all
times | 12 | | in the treatment room.
| 13 | | "General supervision" means supervision of a dental | 14 | | hygienist
requiring that the patient be a patient of record,
| 15 | | that the dentist
examine the patient in accordance with | 16 | | Section 18 prior to treatment by the
dental hygienist, and | 17 | | that the
dentist authorize the procedures which
are being | 18 | | carried
out by a notation in the patient's record, but not | 19 | | requiring that a dentist
be present when the authorized
| 20 | | procedures are being performed. The
issuance of a prescription | 21 | | to a dental laboratory by a
dentist does not constitute | 22 | | general supervision.
| 23 | | "Public member" means a person who is not a health | 24 | | professional.
For purposes of board membership, any person | 25 | | with a significant financial
interest in a health service or | 26 | | profession is not a public member.
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| 1 | | "Dentistry" means the healing art which is concerned with | 2 | | the
examination, diagnosis, treatment planning , and care of | 3 | | conditions within
the human oral cavity and its adjacent | 4 | | tissues and structures, as further
specified in Section 17.
| 5 | | "Branches of dentistry" means the various specialties of | 6 | | dentistry
which, for purposes of this Act, shall be limited to | 7 | | the following:
endodontics, oral and maxillofacial surgery, | 8 | | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| 9 | | periodontics, prosthodontics, oral and maxillofacial
| 10 | | radiology, and dental anesthesiology.
| 11 | | "Specialist" means a dentist who has received a specialty | 12 | | license
pursuant to Section 11(b).
| 13 | | "Dental technician" means a person who owns, operates , or | 14 | | is
employed by a dental laboratory and engages in making, | 15 | | providing, repairing ,
or altering dental prosthetic appliances | 16 | | and other artificial materials and
devices which are returned | 17 | | to a dentist for insertion into the human oral
cavity or which | 18 | | come in contact with its adjacent structures and tissues.
| 19 | | "Impaired dentist" or "impaired dental hygienist" means a | 20 | | dentist
or dental hygienist who is unable to practice with
| 21 | | reasonable skill and safety because of a physical or mental | 22 | | disability as
evidenced by a written determination or written | 23 | | consent based on clinical
evidence, including deterioration | 24 | | through the aging process, loss of motor
skills, abuse of | 25 | | drugs or alcohol, or a psychiatric disorder, of sufficient
| 26 | | degree to diminish the person's ability to deliver competent |
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| 1 | | patient care.
| 2 | | "Nurse" means a registered professional nurse, a certified | 3 | | registered
nurse anesthetist licensed as an advanced practice
| 4 | | registered nurse, or a licensed practical nurse licensed under | 5 | | the Nurse Practice Act.
| 6 | | "Patient of record" means a patient for whom the patient's | 7 | | most recent
dentist has obtained
a
relevant medical and dental | 8 | | history and on whom the dentist has performed an
examination | 9 | | and evaluated the condition to be treated.
| 10 | | "Dental responder" means a dentist or dental hygienist who | 11 | | is appropriately certified in disaster preparedness, | 12 | | immunizations, and dental humanitarian medical response | 13 | | consistent with the Society of Disaster Medicine and Public | 14 | | Health and training certified by the National Incident | 15 | | Management System or the National Disaster Life Support | 16 | | Foundation.
| 17 | | "Mobile dental van or portable dental unit" means any | 18 | | self-contained or portable dental unit in which dentistry is | 19 | | practiced that can be moved, towed, or transported from one | 20 | | location to another in order to establish a location where | 21 | | dental services can be provided. | 22 | | "Public health dental hygienist" means a hygienist who | 23 | | holds a valid license to practice in the State, has 2 years of | 24 | | full-time clinical experience or an equivalent of 4,000 hours | 25 | | of clinical experience , and has completed at least 42 clock | 26 | | hours of additional structured courses in dental education in |
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| 1 | | advanced areas specific to public health dentistry. | 2 | | "Public health setting" means a federally qualified health | 3 | | center; a federal, State, or local public health facility; | 4 | | Head Start; a special supplemental nutrition program for | 5 | | Women, Infants, and Children (WIC) facility; a certified | 6 | | school-based health center or school-based oral health | 7 | | program; a prison; or a long-term care facility. | 8 | | "Public health supervision" means the supervision of a | 9 | | public health dental hygienist by a licensed dentist who has a | 10 | | written public health supervision agreement with that public | 11 | | health dental hygienist while working in an approved facility | 12 | | or program that allows the public health dental hygienist to | 13 | | treat patients, without a dentist first examining the patient | 14 | | and being present in the facility during treatment, (1) who | 15 | | are eligible for Medicaid or (2) who are uninsured and whose | 16 | | household income is not greater than 300% 200% of the federal | 17 | | poverty level. | 18 | | "Teledentistry" means the use of telehealth systems and | 19 | | methodologies in dentistry and includes patient care and | 20 | | education delivery using synchronous and asynchronous | 21 | | communications under a dentist's authority as provided under | 22 | | this Act. | 23 | | (Source: P.A. 101-64, eff. 7-12-19; 101-162, eff. 7-26-19; | 24 | | 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; 102-936, eff. | 25 | | 1-1-23 .)
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| 1 | | (225 ILCS 25/11) (from Ch. 111, par. 2311)
| 2 | | (Section scheduled to be repealed on January 1, 2026)
| 3 | | Sec. 11. Types of dental licenses. The Department shall | 4 | | have the
authority to issue the following types of licenses:
| 5 | | (a) General licenses. The Department shall issue a license | 6 | | authorizing
practice as a dentist to any person who qualifies | 7 | | for a license under this Act.
| 8 | | (b) Specialty licenses. The Department shall issue a
| 9 | | license authorizing practice as a specialist in any particular
| 10 | | branch of dentistry to any dentist who has complied with the
| 11 | | requirements established for that particular branch of | 12 | | dentistry at the
time of making application. The Department | 13 | | shall establish additional
requirements of any dentist who | 14 | | announces or holds himself or herself out
to the public as a | 15 | | specialist or as being specially qualified in any
particular | 16 | | branch of dentistry.
| 17 | | No dentist shall announce or hold himself or herself out | 18 | | to the public as
a specialist or as being specially qualified | 19 | | in any particular branch of
dentistry unless he or she is | 20 | | licensed to practice in that specialty of
dentistry.
| 21 | | The fact that any dentist shall announce by card, | 22 | | letterhead , or any
other form of communication using terms as | 23 | | "Specialist ", ," "Practice
Limited To" , or "Limited to | 24 | | Specialty of" with the name of the branch of
dentistry | 25 | | practiced as a specialty, or shall use equivalent words or
| 26 | | phrases to announce the same, shall be prima facie evidence |
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| 1 | | that the
dentist is holding himself or herself out to the | 2 | | public as a specialist.
| 3 | | (c) Temporary training licenses. Persons who wish to | 4 | | pursue
specialty or other advanced clinical educational | 5 | | programs
in an approved dental school or a hospital situated
| 6 | | in this State, or persons who wish to pursue programs of | 7 | | specialty
training in dental public health in public agencies | 8 | | in this State, may
receive without examination, in the | 9 | | discretion of the Department, a
temporary training license. In | 10 | | order to receive a temporary
training license under this | 11 | | subsection, an applicant shall furnish
satisfactory proof to | 12 | | the Department that:
| 13 | | (1) The applicant is at least 21 years of age and is of | 14 | | good moral
character. In determining moral character under | 15 | | this Section, the
Department may take into consideration | 16 | | any felony conviction of the
applicant, but such a | 17 | | conviction shall not operate as bar to licensure;
| 18 | | (2) The applicant has been accepted or appointed for | 19 | | specialty or
residency training by an approved hospital | 20 | | situated in this State, by an
approved dental school | 21 | | situated in this State, or by a public health agency
in | 22 | | this State the training programs of which are recognized | 23 | | and approved by
the Department. The applicant shall | 24 | | indicate the beginning and ending
dates of the period for | 25 | | which he or she has been accepted or appointed;
| 26 | | (3) The applicant is a graduate of a dental school or |
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| 1 | | college approved
and in good standing in the judgment of | 2 | | the Department.
The Department may consider diplomas or | 3 | | certifications of education, or both,
accompanied by | 4 | | transcripts of course work and credits awarded to | 5 | | determine
if an applicant has graduated from a dental | 6 | | school or college approved and
in good standing. The | 7 | | Department may also consider diplomas or
certifications of | 8 | | education, or both, accompanied by transcripts of course
| 9 | | work and credits awarded in determining whether a dental | 10 | | school or college
is approved and in good standing.
| 11 | | Temporary training licenses issued under this
Section | 12 | | shall be valid only for the duration of the period of residency | 13 | | or
specialty training and may be extended or renewed as | 14 | | prescribed by rule.
The holder of a valid temporary training | 15 | | license shall be entitled thereby to
perform acts as may be | 16 | | prescribed by and incidental to his or her program of
| 17 | | residency or specialty training; but he or she shall not be | 18 | | entitled to
engage in the practice of dentistry in this State.
| 19 | | A temporary training license may be revoked by the
| 20 | | Department upon proof that the holder has engaged in the
| 21 | | practice of dentistry in this State outside of his or her | 22 | | program of residency
or specialty training, or if the holder | 23 | | shall fail to supply the
Department, within 10 days of its | 24 | | request, with information as to his
or her current status and | 25 | | activities in his or her specialty training program.
| 26 | | (d) Faculty limited licenses.
Persons who have received |
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| 1 | | full-time appointments to
teach dentistry at an approved | 2 | | dental school or hospital situated in this
State may receive | 3 | | without examination, in the discretion of the Department,
a | 4 | | faculty limited license. In order to
receive a faculty limited | 5 | | license an applicant shall furnish satisfactory
proof to the | 6 | | Department that:
| 7 | | (1) The applicant is at least 21 years of age, is of | 8 | | good moral
character , and is licensed to
practice | 9 | | dentistry in another state or country; and
| 10 | | (2) The applicant has a full-time appointment to teach
| 11 | | dentistry at an approved
dental school or hospital | 12 | | situated in this State.
| 13 | | Faculty limited licenses issued under
this Section shall | 14 | | be
valid for a period of 3 years and may be extended or
| 15 | | renewed. The
holder of a valid faculty limited license
may | 16 | | perform acts as may
be required by his or her teaching of | 17 | | dentistry.
The In addition, the holder of a faculty limited | 18 | | license may practice general
dentistry or in his or her area of | 19 | | specialty, but only in a clinic or office
affiliated with the | 20 | | dental school. The holder of a faculty limited license may | 21 | | advertise a specialty degree as part of the licensee's ability | 22 | | to practice in a faculty practice. Any faculty limited license | 23 | | issued to a
faculty member under this Section shall terminate | 24 | | immediately and
automatically,
without any further action by | 25 | | the Department, if the holder ceases to be a
faculty member at | 26 | | an approved dental school or hospital in this State.
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| 1 | | The Department may revoke a faculty limited license for a | 2 | | violation of
this Act or its rules, or if the holder fails to
| 3 | | supply the Department, within 10 days of its request, with | 4 | | information as
to his or her current status and activities in | 5 | | his or her teaching program.
| 6 | | (e) Inactive status. Any person who holds one of the | 7 | | licenses
under subsection (a) or (b) of Section 11 or under | 8 | | Section 12 of this Act may
elect, upon payment of
the required | 9 | | fee, to place his or her license on an inactive status and | 10 | | shall,
subject to the rules of the
Department, be excused from | 11 | | the payment of renewal fees until he or she
notifies the | 12 | | Department in writing of his or her desire to resume active
| 13 | | status.
| 14 | | Any licensee requesting restoration from inactive status | 15 | | shall be
required to pay the current renewal fee and upon | 16 | | payment the Department
shall be required to restore his or her | 17 | | license, as provided in Section 16 of
this Act.
| 18 | | Any licensee whose license is in an
inactive status shall | 19 | | not practice in the State of Illinois.
| 20 | | (f) Certificates of Identification. In addition to the | 21 | | licenses
authorized by this Section, the Department shall | 22 | | deliver to each dentist a
certificate of identification in a | 23 | | form specified by the Department.
| 24 | | (Source: P.A. 100-976, eff. 1-1-19 .)
| 25 | | (225 ILCS 25/16.1) (from Ch. 111, par. 2316.1)
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| 1 | | (Section scheduled to be repealed on January 1, 2026)
| 2 | | Sec. 16.1. Continuing education. The Department shall | 3 | | promulgate
rules of continuing education for persons licensed | 4 | | under
this Act. In establishing rules, the Department shall | 5 | | require a minimum of
48 hours of study in approved courses for | 6 | | dentists during each 3-year
licensing period and a minimum of | 7 | | 36 hours of study in approved courses for
dental hygienists | 8 | | during each 3-year licensing period.
| 9 | | The Department shall approve only courses that are | 10 | | relevant to the
treatment and care of patients, including, but | 11 | | not limited to, clinical
courses in dentistry and dental | 12 | | hygiene and nonclinical courses such as
patient management, | 13 | | legal and ethical responsibilities, and stress
management. The | 14 | | Department shall allow up to 4 hours of continuing education | 15 | | credit hours per license renewal period for volunteer hours | 16 | | spent providing clinical services at, or sponsored by, a | 17 | | nonprofit community clinic, local or state health department, | 18 | | or a charity event. Courses shall not be approved in such | 19 | | subjects as estate and
personal financial planning, personal | 20 | | investments, or personal health. Approved courses may
include, | 21 | | but shall not be limited to, courses that are offered or | 22 | | sponsored
by approved colleges, universities, and hospitals | 23 | | and by recognized
national, State, and local dental and dental | 24 | | hygiene organizations. When offering a continuing education | 25 | | course, whether at no cost or for a fee, the course provider | 26 | | shall explicitly disclose that the course is an approved |
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| 1 | | course for continuing education in the State of Illinois, as | 2 | | provided in this Section or by the rules adopted by the | 3 | | Department.
| 4 | | No license shall be renewed unless the
renewal application | 5 | | is accompanied by an affidavit indicating that the
applicant | 6 | | has completed the required minimum number of hours of | 7 | | continuing
education in approved courses as required by this | 8 | | Section.
The affidavit shall not require a listing of courses. | 9 | | The affidavit
shall be a prima facie evidence that the | 10 | | applicant has obtained the minimum
number of required | 11 | | continuing education hours in approved courses. The
Department | 12 | | shall not be obligated to conduct random
audits or otherwise | 13 | | independently verify that an applicant has met the
continuing | 14 | | education requirement.
The Department, however, may not | 15 | | conduct random audits
of more than 10% of the licensed
| 16 | | dentists and dental hygienists in any one licensing cycle
to | 17 | | verify compliance
with continuing education requirements.
If | 18 | | the Department, however, receives a
complaint that a licensee | 19 | | has not completed the required continuing
education or if the | 20 | | Department is investigating another alleged violation
of this | 21 | | Act by a licensee, the Department may demand and shall be | 22 | | entitled
to receive evidence from any licensee of completion | 23 | | of required
continuing education courses for the most recently | 24 | | completed 3-year
licensing period.
Evidence of continuing | 25 | | education may include, but is not limited to, canceled
checks, | 26 | | official verification forms of attendance, and continuing |
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| 1 | | education
recording forms, that demonstrate a reasonable | 2 | | record of attendance. The
Board shall determine, in accordance | 3 | | with rules adopted by the
Department,
whether a licensee or | 4 | | applicant has met the continuing education
requirements.
Any | 5 | | dentist who holds more than one license under this
Act shall be | 6 | | required to complete
only the minimum number of hours of | 7 | | continuing education required for
renewal of a single license. | 8 | | The Department may provide exemptions from
continuing | 9 | | education requirements.
| 10 | | (Source: P.A. 99-492, eff. 12-31-15.)
| 11 | | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| 12 | | (Section scheduled to be repealed on January 1, 2026)
| 13 | | Sec. 17. Acts constituting the practice of dentistry. A | 14 | | person
practices dentistry, within the meaning of this Act:
| 15 | | (1) Who represents himself or herself as being able to | 16 | | diagnose or diagnoses,
treats, prescribes, or operates for | 17 | | any disease, pain, deformity, deficiency,
injury, or | 18 | | physical condition of the human tooth, teeth, alveolar | 19 | | process,
gums , or jaw; or
| 20 | | (2) Who is a manager, proprietor, operator , or | 21 | | conductor of a
business where
dental operations are | 22 | | performed; or
| 23 | | (3) Who performs dental operations of any kind; or
| 24 | | (4) Who uses an X-Ray machine or X-Ray films for
| 25 | | dental diagnostic purposes; or
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| 1 | | (5) Who extracts a human tooth or teeth, or corrects | 2 | | or attempts to
correct
malpositions of the human teeth or | 3 | | jaws; or
| 4 | | (6) Who offers or undertakes, by any means or method, | 5 | | to diagnose, treat ,
or remove stains, calculus, and | 6 | | bonding materials from human teeth or jaws; or
| 7 | | (7) Who uses or administers local or general | 8 | | anesthetics in the treatment
of dental or oral diseases or | 9 | | in any preparation incident to a dental operation
of any | 10 | | kind or character; or
| 11 | | (8) Who takes material or digital scans for final | 12 | | impressions of the human tooth, teeth, or jaws or performs
| 13 | | any phase of any operation incident to the replacement of | 14 | | a part of a tooth,
a tooth, teeth , or associated tissues by | 15 | | means of a filling, crown, a bridge,
a denture , or other | 16 | | appliance; or
| 17 | | (9) Who offers to furnish, supply, construct, | 18 | | reproduce , or repair, or
who furnishes, supplies, | 19 | | constructs, reproduces , or repairs, prosthetic
dentures, | 20 | | bridges , or other substitutes for natural teeth, to the | 21 | | user or
prospective user thereof; or
| 22 | | (10) Who instructs students on clinical matters or | 23 | | performs any clinical
operation included in the curricula | 24 | | of recognized dental schools and colleges; or
| 25 | | (11) Who takes material or digital scans for final | 26 | | impressions of human teeth or places his or her hands in |
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| 1 | | the mouth of any person for the purpose of applying teeth | 2 | | whitening materials, or who takes impressions of human | 3 | | teeth or places his or her hands in the mouth of any person | 4 | | for the purpose of assisting in the application of teeth | 5 | | whitening materials. A person does not practice dentistry | 6 | | when he or she discloses to the consumer that he or she is | 7 | | not licensed as a dentist under this Act and (i) discusses | 8 | | the use of teeth whitening materials with a consumer | 9 | | purchasing these materials; (ii) provides instruction on | 10 | | the use of teeth whitening materials with a consumer | 11 | | purchasing these materials; or (iii) provides appropriate | 12 | | equipment on-site to the consumer for the consumer to | 13 | | self-apply teeth whitening materials. | 14 | | The fact that any person engages in or performs, or offers | 15 | | to engage in
or perform, any of the practices, acts, or | 16 | | operations set forth in this
Section, shall be prima facie | 17 | | evidence that such person is engaged in the
practice of | 18 | | dentistry.
| 19 | | The following practices, acts, and operations, however, | 20 | | are exempt from
the operation of this Act:
| 21 | | (a) The rendering of dental relief in emergency cases | 22 | | in the practice
of his or her profession by a physician or | 23 | | surgeon, licensed as such
under the laws of this State, | 24 | | unless he or she undertakes to reproduce or reproduces
| 25 | | lost parts of the human teeth in the mouth or to restore or | 26 | | replace lost
or missing teeth in the mouth; or
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| 1 | | (b) The practice of dentistry in the discharge of | 2 | | their official duties
by dentists in any branch of the | 3 | | Armed Services of the United States, the
United States | 4 | | Public Health Service, or the United States Veterans
| 5 | | Administration; or
| 6 | | (c) The practice of dentistry by students in their | 7 | | course of study
in dental schools or colleges approved by | 8 | | the Department, when acting under the
direction and | 9 | | supervision of dentists acting as instructors; or
| 10 | | (d) The practice of dentistry by clinical instructors | 11 | | in the course of
their teaching duties in dental schools | 12 | | or colleges approved by the
Department:
| 13 | | (i) when acting under the direction and | 14 | | supervision of dentists,
provided that such clinical | 15 | | instructors have instructed continuously in
this State | 16 | | since January 1, 1986; or
| 17 | | (ii) when holding the rank of full professor at | 18 | | such approved dental
school or college and possessing | 19 | | a current valid license or authorization
to practice | 20 | | dentistry in another country; or
| 21 | | (e) The practice of dentistry by licensed dentists of | 22 | | other states or
countries at meetings of the Illinois | 23 | | State Dental Society or component
parts thereof, alumni | 24 | | meetings of dental colleges, or any other like dental
| 25 | | organizations, while appearing as clinicians; or
| 26 | | (f) The use of X-Ray machines for exposing X-Ray films |
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| 1 | | of dental or oral
tissues by dental hygienists or dental | 2 | | assistants; or
| 3 | | (g) The performance of any dental service by a dental | 4 | | assistant, if such
service is performed under the | 5 | | supervision and full responsibility of a
dentist. In | 6 | | addition, after being authorized by a dentist, a dental | 7 | | assistant may, for the purpose of eliminating pain or | 8 | | discomfort, remove loose, broken, or irritating | 9 | | orthodontic appliances on a patient of record.
| 10 | | For purposes of this paragraph (g), "dental service" | 11 | | is defined to mean
any intraoral procedure or act which | 12 | | shall be prescribed by rule or
regulation of the | 13 | | Department. " Dental service " , however, shall not include:
| 14 | | (1) Any and all diagnosis of or prescription for | 15 | | treatment of disease,
pain, deformity, deficiency, | 16 | | injury , or physical condition of the human teeth
or | 17 | | jaws, or adjacent structures.
| 18 | | (2) Removal of, or restoration of, or addition
to | 19 | | the hard or soft tissues of the oral cavity, except for | 20 | | the placing, carving, and finishing of amalgam | 21 | | restorations and placing, packing, and finishing | 22 | | composite restorations by dental assistants who have | 23 | | had additional formal education and certification. | 24 | | A dental assistant may place, carve, and finish | 25 | | amalgam restorations, place, pack, and finish | 26 | | composite restorations, and place interim restorations |
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| 1 | | if he or she (A) has successfully completed a | 2 | | structured training program as described in item (2) | 3 | | of subsection (g) provided by an educational | 4 | | institution accredited by the Commission on Dental | 5 | | Accreditation, such as a dental school or dental | 6 | | hygiene or dental assistant program, or (B) has at | 7 | | least 4,000 hours of direct clinical patient care | 8 | | experience and has successfully completed a structured | 9 | | training program as described in item (2) of | 10 | | subsection (g) provided by a statewide dental | 11 | | association, approved by the Department to provide | 12 | | continuing education, that has developed and conducted | 13 | | training programs for expanded functions for dental | 14 | | assistants or hygienists. The training program must: | 15 | | (i) include a minimum of 16 hours of didactic study and | 16 | | 14 hours of clinical manikin instruction; all training | 17 | | programs shall include areas of study in nomenclature, | 18 | | caries classifications, oral anatomy, periodontium, | 19 | | basic occlusion, instrumentations, pulp protection | 20 | | liners and bases, dental materials, matrix and wedge | 21 | | techniques, amalgam placement and carving, rubber dam | 22 | | clamp placement, and rubber dam placement and removal; | 23 | | (ii) include an outcome assessment examination that | 24 | | demonstrates competency; (iii) require the supervising | 25 | | dentist to observe and approve the completion of 8 | 26 | | amalgam or composite restorations; and (iv) issue a |
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| 1 | | certificate of completion of the training program, | 2 | | which must be kept on file at the dental office and be | 3 | | made available to the Department upon request. A | 4 | | dental assistant must have successfully completed an | 5 | | approved coronal polishing and dental sealant course | 6 | | prior to taking the amalgam and composite restoration | 7 | | course. | 8 | | A dentist utilizing dental assistants shall not | 9 | | supervise more than 4 dental assistants at any one | 10 | | time for placing, carving, and finishing of amalgam | 11 | | restorations or for placing, packing, and finishing | 12 | | composite restorations.
| 13 | | (3) Any and all correction of malformation of | 14 | | teeth or of the jaws.
| 15 | | (4) Administration of anesthetics, except for | 16 | | monitoring of
nitrous oxide, conscious sedation, deep | 17 | | sedation, and general anesthetic as provided in | 18 | | Section 8.1 of this Act, that may be performed only | 19 | | after successful completion of a training
program | 20 | | approved by the Department. A dentist utilizing dental | 21 | | assistants shall not supervise more than 4 dental | 22 | | assistants at any one time for the monitoring of | 23 | | nitrous oxide.
| 24 | | (5) Removal of calculus from human teeth.
| 25 | | (6) Taking of material or digital scans for final | 26 | | impressions for the fabrication of prosthetic
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| 1 | | appliances,
crowns,
bridges, inlays, onlays, or other | 2 | | restorative or replacement
dentistry.
| 3 | | (7) The operative procedure of dental hygiene | 4 | | consisting of oral
prophylactic procedures, except for | 5 | | coronal polishing and pit and fissure sealants,
which | 6 | | may be
performed by a
dental assistant who has | 7 | | successfully completed a training program approved by
| 8 | | the Department. Dental assistants may perform coronal | 9 | | polishing under the
following circumstances: (i) the | 10 | | coronal polishing shall be limited to
polishing the
| 11 | | clinical crown of the tooth and existing restorations, | 12 | | supragingivally; (ii)
the
dental assistant performing | 13 | | the coronal polishing shall be limited to the use
of
| 14 | | rotary instruments using a rubber cup or brush | 15 | | polishing method (air polishing
is
not permitted); and | 16 | | (iii) the supervising dentist shall not supervise more
| 17 | | than 4
dental assistants at any one time for the task | 18 | | of coronal polishing or pit and fissure sealants.
| 19 | | In addition to coronal polishing and pit and | 20 | | fissure sealants as described in this item (7), a | 21 | | dental assistant who has at least 2,000 hours of | 22 | | direct clinical patient care experience and who has | 23 | | successfully completed a structured training program | 24 | | provided by (1) an educational institution including, | 25 | | but not limited to, a dental school or dental hygiene | 26 | | or dental assistant program, or (2) a continuing |
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| 1 | | education provider approved by the Department, or (3) | 2 | | a statewide dental or dental hygienist association , | 3 | | approved by the Department on or before January 1, | 4 | | 2017 (the effective date of Public Act 99-680), that | 5 | | has developed and conducted a training program for | 6 | | expanded functions for dental assistants or hygienists | 7 | | may perform: (A) coronal scaling above the gum line, | 8 | | supragingivally, on the clinical crown of the tooth | 9 | | only on patients 17 years of age or younger who have an | 10 | | absence of periodontal disease and who are not | 11 | | medically compromised or individuals with special | 12 | | needs and (B) intracoronal temporization of a tooth. | 13 | | The training program must: (I) include a minimum of 32 | 14 | | hours of instruction in both didactic and clinical | 15 | | manikin or human subject instruction; all training | 16 | | programs shall include areas of study in dental | 17 | | anatomy, public health dentistry, medical history, | 18 | | dental emergencies, and managing the pediatric | 19 | | patient; (II) include an outcome assessment | 20 | | examination that demonstrates competency; (III) | 21 | | require the supervising dentist to observe and approve | 22 | | the completion of 6 full mouth supragingival scaling | 23 | | procedures unless the training was received as part of | 24 | | a Commission on Dental Accreditation approved dental | 25 | | assistant program; and (IV) issue a certificate of | 26 | | completion of the training program, which must be kept |
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| 1 | | on file at the dental office and be made available to | 2 | | the Department upon request. A dental assistant must | 3 | | have successfully completed an approved coronal | 4 | | polishing course prior to taking the coronal scaling | 5 | | course. A dental assistant performing these functions | 6 | | shall be limited to the use of hand instruments only. | 7 | | In addition, coronal scaling as described in this | 8 | | paragraph shall only be utilized on patients who are | 9 | | eligible for Medicaid, who are uninsured, or whose | 10 | | household income is not greater than 300% of the | 11 | | federal poverty level. A dentist may not supervise | 12 | | more than 2 dental assistants at any one time for the | 13 | | task of coronal scaling. This paragraph is inoperative | 14 | | on and after January 1, 2026. | 15 | | The limitations on the number of dental assistants a | 16 | | dentist may supervise contained in items (2), (4), and (7) | 17 | | of this paragraph (g) mean a limit of 4 total dental | 18 | | assistants or dental hygienists doing expanded functions | 19 | | covered by these Sections being supervised by one dentist; | 20 | | or | 21 | | (h) The practice of dentistry by an individual who:
| 22 | | (i) has applied in writing to the Department, in | 23 | | form and substance
satisfactory to the Department, for | 24 | | a general dental license and has
complied with all | 25 | | provisions of Section 9 of this Act, except for the
| 26 | | passage of the examination specified in subsection (e) |
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| 1 | | of Section 9 of this
Act; or
| 2 | | (ii) has applied in writing to the Department, in | 3 | | form and substance
satisfactory to the Department, for | 4 | | a temporary dental license and has
complied with all | 5 | | provisions of subsection (c) of Section 11 of this | 6 | | Act; and
| 7 | | (iii) has been accepted or appointed for specialty | 8 | | or residency training
by a hospital situated in this | 9 | | State; or
| 10 | | (iv) has been accepted or appointed for specialty | 11 | | training in an
approved dental program situated in | 12 | | this State; or
| 13 | | (v) has been accepted or appointed for specialty | 14 | | training in a dental
public health agency situated in | 15 | | this State.
| 16 | | The applicant shall be permitted to practice dentistry | 17 | | for a period of 3
months from the starting date of the | 18 | | program, unless authorized in writing
by the Department to | 19 | | continue such practice for a period specified in
writing | 20 | | by the Department.
| 21 | | The applicant shall only be entitled to perform such | 22 | | acts as may be
prescribed by and incidental to his or her | 23 | | program of residency or specialty
training and shall not | 24 | | otherwise engage in the practice of dentistry in this
| 25 | | State.
| 26 | | The authority to practice shall terminate immediately |
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| 1 | | upon:
| 2 | | (1) the decision of the Department that the | 3 | | applicant has failed the
examination; or
| 4 | | (2) denial of licensure by the Department; or
| 5 | | (3) withdrawal of the application.
| 6 | | (Source: P.A. 101-162, eff. 7-26-19; 102-558, eff. 8-20-21; | 7 | | 102-936, eff. 1-1-23 .)
| 8 | | (225 ILCS 25/19) (from Ch. 111, par. 2319)
| 9 | | (Section scheduled to be repealed on January 1, 2026)
| 10 | | Sec. 19. Licensing applicants from other states. Any | 11 | | person who has
been lawfully licensed to practice dentistry, | 12 | | including the practice of a licensed dental specialty, or | 13 | | dental hygiene in
another state or territory
or as a member of | 14 | | the military service which has and maintains a standard for | 15 | | the practice of dentistry, a dental specialty, or dental
| 16 | | hygiene at least equal to that now maintained in this State, or | 17 | | if the
requirements for licensure in such state or territory | 18 | | in which the
applicant was licensed were, at the date of his or | 19 | | her licensure, substantially
equivalent to the requirements | 20 | | then in force in this State, and who has
been lawfully engaged | 21 | | in
the practice of dentistry or dental hygiene for at least 2 3 | 22 | | of the 5 years
immediately preceding the filing of his or her | 23 | | application
to practice in this State
and who shall deposit | 24 | | with the Department a duly attested certificate from
the Board | 25 | | of the state or territory in which he or she is licensed,
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| 1 | | certifying to the fact of his or her licensing and of his or | 2 | | her being a
person of good moral character may, upon payment of | 3 | | the required fee, be
granted a license to practice dentistry, | 4 | | a dental specialty, or dental hygiene in this State, as the | 5 | | case may be.
| 6 | | For the purposes of this Section, "substantially | 7 | | equivalent" means that the applicant has presented evidence of | 8 | | completion and graduation from an American Dental Association | 9 | | accredited dental college or school in the United States or | 10 | | Canada, presented evidence that the applicant has passed both | 11 | | parts of the National Board Dental Examination, and | 12 | | successfully completed an examination conducted by a regional | 13 | | testing service. In computing 3 of the immediately
preceding 5 | 14 | | years of
practice in another state or territory, any person | 15 | | who left the practice
of dentistry to enter the military | 16 | | service and who practiced dentistry
while in the military | 17 | | service may count as a part of such period the
time spent by | 18 | | him or her in such service.
| 19 | | Applicants have 3 years from the date of application to | 20 | | complete the
application process. If the process has not been | 21 | | completed in 3 years,
the application shall be denied, the fee | 22 | | forfeited and the
applicant must reapply and meet the | 23 | | requirements in effect at the time of
reapplication.
| 24 | | (Source: P.A. 97-526, eff. 1-1-12; 97-1013, eff. 8-17-12 .)
| 25 | | (225 ILCS 25/23) (from Ch. 111, par. 2323)
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| 1 | | (Section scheduled to be repealed on January 1, 2026)
| 2 | | Sec. 23. Refusal, revocation or suspension of dental | 3 | | licenses. The
Department may refuse to issue or renew, or may | 4 | | revoke, suspend, place on
probation, reprimand or take other | 5 | | disciplinary or non-disciplinary action as the Department
may | 6 | | deem proper, including imposing fines not to exceed $10,000 | 7 | | per violation, with
regard to any license for any one or any | 8 | | combination of
the following causes:
| 9 | | 1. Fraud or misrepresentation in applying for or | 10 | | procuring a license under this Act, or in connection with | 11 | | applying for renewal of a license under this Act.
| 12 | | 2. Inability to practice with reasonable judgment, | 13 | | skill, or safety as a result of habitual or excessive use | 14 | | or addiction to alcohol, narcotics, stimulants, or any | 15 | | other chemical agent or drug.
| 16 | | 3. Willful or repeated violations of the rules of the | 17 | | Department of
Public Health or Department of Nuclear | 18 | | Safety.
| 19 | | 4. Acceptance of a fee for service as a witness, | 20 | | without the
knowledge of the court, in addition to the fee | 21 | | allowed by the court.
| 22 | | 5. Division of fees or agreeing to split or divide the | 23 | | fees received
for dental services with any person for | 24 | | bringing or referring a patient,
except in regard to | 25 | | referral services as provided for under Section 45,
or | 26 | | assisting in the care or treatment of a patient,
without |
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| 1 | | the
knowledge of the patient or his or her legal | 2 | | representative. Nothing in this item 5 affects any bona | 3 | | fide independent contractor or employment arrangements | 4 | | among health care professionals, health facilities, health | 5 | | care providers, or other entities, except as otherwise | 6 | | prohibited by law. Any employment arrangements may include | 7 | | provisions for compensation, health insurance, pension, or | 8 | | other employment benefits for the provision of services | 9 | | within the scope of the licensee's practice under this | 10 | | Act. Nothing in this item 5 shall be construed to require | 11 | | an employment arrangement to receive professional fees for | 12 | | services rendered.
| 13 | | 6. Employing, procuring, inducing, aiding or abetting | 14 | | a person not
licensed or registered as a dentist or dental | 15 | | hygienist to engage in the practice of
dentistry or dental | 16 | | hygiene. The person practiced upon is not an accomplice, | 17 | | employer,
procurer, inducer, aider, or abetter within the | 18 | | meaning of this Act.
| 19 | | 7. Making any misrepresentations or false promises, | 20 | | directly or
indirectly, to influence, persuade or induce | 21 | | dental patronage.
| 22 | | 8. Professional connection or association with or | 23 | | lending his or her name
to another for the illegal | 24 | | practice of dentistry by another, or
professional | 25 | | connection or association with any person, firm or
| 26 | | corporation holding himself, herself, themselves, or |
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| 1 | | itself out in any manner
contrary to this Act.
| 2 | | 9. Obtaining or seeking to obtain practice, money, or | 3 | | any other
things of value by false or fraudulent | 4 | | representations, but
not limited to, engaging in such | 5 | | fraudulent practice to defraud the
medical assistance | 6 | | program of the Department of Healthcare and Family | 7 | | Services (formerly Department of Public Aid) under the | 8 | | Illinois Public Aid Code.
| 9 | | 10. Practicing under a false or, except as provided by | 10 | | law, an assumed name.
| 11 | | 11. Engaging in dishonorable,
unethical, or | 12 | | unprofessional conduct of a character likely to deceive,
| 13 | | defraud, or harm the public.
| 14 | | 12. Conviction by plea of guilty or nolo contendere, | 15 | | finding of guilt, jury verdict, or entry of judgment or by | 16 | | sentencing for any crime, including, but not limited to, | 17 | | convictions, preceding sentences of supervision, | 18 | | conditional discharge, or first offender probation, under | 19 | | the laws of any jurisdiction of the United States that (i) | 20 | | is a felony under the laws of this State or (ii) is a | 21 | | misdemeanor, an essential element of which is dishonesty, | 22 | | or that is directly related to the practice of dentistry.
| 23 | | 13. Permitting a dental hygienist, dental assistant or | 24 | | other person
under his or her supervision to perform
any | 25 | | operation not authorized by this Act.
| 26 | | 14. Permitting more than 4 dental hygienists to be |
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| 1 | | employed under
his or her supervision at any one time.
| 2 | | 15. A violation of any provision of this
Act or any | 3 | | rules promulgated under this Act.
| 4 | | 16. Taking impressions for or using the services of | 5 | | any person, firm
or corporation violating this Act.
| 6 | | 17. Violating any provision of Section 45 relating to | 7 | | advertising.
| 8 | | 18. Discipline by another U.S. jurisdiction or foreign | 9 | | nation,
if at least one of the grounds for the discipline | 10 | | is the
same or substantially equivalent to those set forth | 11 | | within this Act.
| 12 | | 19. Willfully failing to report an instance of | 13 | | suspected child abuse or
neglect as required by the Abused | 14 | | and Neglected Child Reporting
Act.
| 15 | | 20. Gross negligence in practice under this Act.
| 16 | | 21. The use or prescription for use of narcotics or | 17 | | controlled substances
or designated products as listed in | 18 | | the Illinois Controlled Substances
Act, in any way other | 19 | | than for therapeutic purposes.
| 20 | | 22. Willfully making or filing false records or | 21 | | reports in his or her practice
as a dentist, including, | 22 | | but not limited to, false records to support claims
| 23 | | against the dental assistance program of the Department of | 24 | | Healthcare and Family Services (formerly
Illinois | 25 | | Department of Public
Aid).
| 26 | | 23. Professional incompetence as manifested by poor |
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| 1 | | standards of care.
| 2 | | 24. Physical or mental illness, including, but not | 3 | | limited to,
deterioration
through
the aging process, or | 4 | | loss of motor skills which results in a dentist's
| 5 | | inability to practice dentistry with reasonable judgment, | 6 | | skill or safety. In
enforcing this paragraph, the | 7 | | Department may compel a person licensed to
practice under | 8 | | this Act to submit to a mental or physical examination | 9 | | pursuant
to the terms and conditions of Section 23b.
| 10 | | 25. Gross or repeated irregularities in billing for | 11 | | services rendered
to a patient. For purposes of this | 12 | | paragraph 25, "irregularities in billing"
shall include:
| 13 | | (a) Reporting excessive charges for the purpose of | 14 | | obtaining a total
payment
in excess of that usually | 15 | | received by the dentist for the services rendered.
| 16 | | (b) Reporting charges for services not rendered.
| 17 | | (c) Incorrectly reporting services rendered for | 18 | | the purpose of obtaining
payment not earned.
| 19 | | 26. Continuing the active practice of dentistry while | 20 | | knowingly having
any infectious, communicable, or | 21 | | contagious disease proscribed by rule or
regulation of the | 22 | | Department.
| 23 | | 27. Being named as a perpetrator in an indicated | 24 | | report by the
Department of Children and Family Services | 25 | | pursuant to the Abused and
Neglected Child Reporting Act, | 26 | | and upon
proof by clear and convincing evidence that the |
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| 1 | | licensee has
caused a child to be an abused child or | 2 | | neglected child as defined in the
Abused and Neglected | 3 | | Child Reporting Act.
| 4 | | 28. Violating the Health Care Worker Self-Referral | 5 | | Act.
| 6 | | 29. Abandonment of a patient.
| 7 | | 30. Mental incompetency as declared by a court of | 8 | | competent
jurisdiction.
| 9 | | 31. A finding by the Department that the licensee, | 10 | | after having his or her license placed on probationary | 11 | | status, has violated the terms of probation. | 12 | | 32. Material misstatement in furnishing information to | 13 | | the Department. | 14 | | 33. Failing, within 60 days, to provide information in | 15 | | response to a written request by the Department in the | 16 | | course of an investigation. | 17 | | 34. Immoral conduct in the commission of any act, | 18 | | including, but not limited to, commission of an act of | 19 | | sexual misconduct related to the licensee's practice. | 20 | | 35. Cheating on or attempting to subvert the licensing | 21 | | examination administered under this Act. | 22 | | 36. A pattern of practice or other behavior that | 23 | | demonstrates incapacity or incompetence to practice under | 24 | | this Act. | 25 | | 37. Failure to establish and maintain records of | 26 | | patient care and treatment as required under this Act. |
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| 1 | | 38. Failure to provide copies of dental records as | 2 | | required by law. | 3 | | 39. Failure of a licensed dentist who owns or is | 4 | | employed at a dental office to give notice of an office | 5 | | closure to his or her patients at least 30 days prior to | 6 | | the office closure pursuant to Section 50.1. | 7 | | 40. Failure to maintain a sanitary work environment. | 8 | | All proceedings to suspend, revoke, place on probationary | 9 | | status, or
take any other disciplinary action as the | 10 | | Department may deem proper, with
regard to a license on any of | 11 | | the foregoing grounds, must be commenced
within 5 years after | 12 | | receipt by the Department of a complaint alleging the
| 13 | | commission of or notice of the conviction order for any of the | 14 | | acts
described herein. Except for fraud in procuring a | 15 | | license, no
action shall be commenced more than 7 years after | 16 | | the date of the incident
or act alleged to have violated this | 17 | | Section. The time during which the
holder of the license was | 18 | | outside the State of Illinois shall not be
included within any | 19 | | period of time limiting the commencement of
disciplinary | 20 | | action by the Department.
| 21 | | All fines imposed under this Section shall be paid within | 22 | | 60 days after the effective date of the order imposing the fine | 23 | | or in accordance with the terms set forth in the order imposing | 24 | | the fine. | 25 | | The Department may refuse to issue or may suspend the | 26 | | license of any
person who fails to file a return, or to pay the |
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| 1 | | tax, penalty or interest
shown in a filed return, or to pay any | 2 | | final assessment of tax, penalty or
interest, as required by | 3 | | any tax Act administered by the Illinois
Department of | 4 | | Revenue, until such time as the requirements of
any such tax | 5 | | Act are satisfied.
| 6 | | Any dentist who has had his or her license suspended or | 7 | | revoked for more than 5 years must comply with the | 8 | | requirements for restoration set forth in Section 16 prior to | 9 | | being eligible for reinstatement from the suspension or | 10 | | revocation. | 11 | | (Source: P.A. 99-492, eff. 12-31-15.)
| 12 | | (225 ILCS 25/50) (from Ch. 111, par. 2350)
| 13 | | (Section scheduled to be repealed on January 1, 2026)
| 14 | | Sec. 50. Patient records. Every dentist shall make
a | 15 | | record of all dental work performed for each patient. The | 16 | | record shall
be made in a manner and in sufficient detail that | 17 | | it may be used for
identification purposes. Dental records are | 18 | | the property of the office in which dentistry is practiced.
| 19 | | Dental records required by this Section shall be | 20 | | maintained for 10 years.
Dental records required to be | 21 | | maintained under this Section, or copies
of those dental | 22 | | records, shall be made available upon request to the
patient | 23 | | or the patient's guardian. A dentist shall be entitled to | 24 | | reasonable reimbursement for the cost of reproducing these | 25 | | records, which shall not exceed the cost allowed under Section |
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| 1 | | 8-2001 of the Code of Civil Procedure. A dentist providing | 2 | | services through a mobile dental van or portable dental unit | 3 | | shall provide to the patient or the patient's parent or | 4 | | guardian, in writing, the dentist's name, license number, | 5 | | address, and information on how the patient or the patient's | 6 | | parent or guardian may obtain the patient's dental records, as | 7 | | provided by law.
| 8 | | (Source: P.A. 99-492, eff. 12-31-15.)
| 9 | | (225 ILCS 25/50.1 new) | 10 | | Sec. 50.1. Closing a dental office. A dental office that | 11 | | is closing and will not continue to offer dentistry services | 12 | | must provide notice to its patients at least 30 days prior to | 13 | | the closure. The notice to patients shall include an | 14 | | explanation of how copies of the patient's records may be | 15 | | accessed or obtained by the patient. The notice may be given by | 16 | | publication in a newspaper of general circulation in the area | 17 | | in which the dental office is located or in an electronic | 18 | | format accessible by patients.
| 19 | | Section 10. The Illinois Controlled Substances Act is | 20 | | amended by changing Sections 309 and 311.6 as follows:
| 21 | | (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
| 22 | | Sec. 309. On or after April 1, 2000, no person shall issue | 23 | | a
prescription for a Schedule II
controlled substance, which |
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| 1 | | is a narcotic drug listed in Section 206 of
this Act; or which | 2 | | contains any quantity of amphetamine or
methamphetamine, their | 3 | | salts, optical isomers or salts of optical
isomers; | 4 | | phenmetrazine and its salts; gluthethimide; and pentazocine, | 5 | | other than on a written
prescription; provided
that in the | 6 | | case of an emergency, epidemic or a
sudden or unforeseen | 7 | | accident or calamity, the prescriber may issue a
lawful oral | 8 | | prescription where failure to
issue such a prescription might | 9 | | result in
loss of life or intense suffering, but such oral | 10 | | prescription shall
include a statement by the prescriber | 11 | | concerning the accident
or calamity, or circumstances | 12 | | constituting the emergency, the cause for
which an oral | 13 | | prescription was used. Within
7 days after issuing an
| 14 | | emergency prescription, the prescriber shall cause a written | 15 | | prescription for
the emergency quantity prescribed to be | 16 | | delivered to
the dispensing pharmacist. The prescription shall | 17 | | have written on its face
"Authorization for Emergency | 18 | | Dispensing", and the date of the emergency
prescription. The | 19 | | written prescription
may be delivered to the pharmacist in | 20 | | person, or by mail, but if delivered
by mail it must be | 21 | | postmarked within the 7-day period. Upon
receipt, the
| 22 | | dispensing pharmacist shall attach this prescription to the | 23 | | emergency oral
prescription earlier received and
reduced to | 24 | | writing. The dispensing pharmacist shall notify the Department | 25 | | of Financial and Professional Regulation
if the prescriber
| 26 | | fails to deliver the authorization for emergency dispensing on |
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| 1 | | the
prescription to him or her. Failure of the dispensing | 2 | | pharmacist to do so
shall void the authority conferred by this | 3 | | paragraph to dispense without a
written prescription of a
| 4 | | prescriber. All prescriptions issued for Schedule II
| 5 | | controlled substances shall include the quantity prescribed. | 6 | | All nonelectronic prescriptions issued for Schedule II | 7 | | controlled substances
shall include both a written and | 8 | | numerical notation of quantity on the face
of the | 9 | | prescription. No prescription for a Schedule II controlled | 10 | | substance
may
be refilled. The Department shall provide, at no | 11 | | cost, audit reviews and necessary information to the | 12 | | Department of Financial and Professional Regulation in | 13 | | conjunction with ongoing investigations being conducted in | 14 | | whole or part by the Department of Financial and Professional | 15 | | Regulation.
| 16 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 17 | | (720 ILCS 570/311.6) | 18 | | (This Section may contain text from a Public Act with a | 19 | | delayed effective date ) | 20 | | Sec. 311.6. Opioid prescriptions. | 21 | | (a) Notwithstanding any other provision of law, a | 22 | | prescription for a substance classified in Schedule II, III, | 23 | | IV, or V must be sent electronically, in accordance with | 24 | | Section 316. Prescriptions sent in accordance with this | 25 | | subsection (a) must be accepted by the dispenser in electronic |
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| 1 | | format. | 2 | | (b) Beginning on the effective date of this amendatory Act | 3 | | of the 103rd General Assembly until December 31, 2028, | 4 | | notwithstanding Notwithstanding any other provision of this | 5 | | Section or any other provision of law, a prescriber shall not | 6 | | be required to issue prescriptions electronically if he or she | 7 | | certifies to the Department of Financial and Professional | 8 | | Regulation that he or she will not issue more than 150 25 | 9 | | prescriptions during a 12-month period. Prescriptions in both | 10 | | oral and written form for controlled substances shall be | 11 | | included in determining whether the prescriber will reach the | 12 | | limit of 150 25 prescriptions. Beginning January 1, 2029, | 13 | | notwithstanding any other provision of this Section or any | 14 | | other provision of law, a prescriber shall not be required to | 15 | | issue prescriptions electronically if he or she certifies to | 16 | | the Department of Financial and Professional Regulation that | 17 | | he or she will not issue more than 50 prescriptions during a | 18 | | 12-month period. Prescriptions in both oral and written form | 19 | | for controlled substances shall be included in determining | 20 | | whether the prescriber will reach the limit of 50 | 21 | | prescriptions. | 22 | | (b-5) Notwithstanding any other provision of this Section | 23 | | or any other provision of law, a prescriber shall not be | 24 | | required to issue prescriptions
electronically under the | 25 | | following circumstances: | 26 | | (1) prior to January 1, 2026, the prescriber |
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| 1 | | demonstrates financial difficulties in buying or managing | 2 | | an electronic prescription option, whether it is an | 3 | | electronic health record or some other electronic | 4 | | prescribing product; | 5 | | (2) on and after January 1, 2026, the prescriber | 6 | | provides proof of a waiver from the Centers for Medicare | 7 | | and Medicaid Services for the Electronic Prescribing for | 8 | | Controlled Substances Program due to demonstrated economic | 9 | | hardship for the previous compliance year; | 10 | | (3) there is a temporary technological or electrical | 11 | | failure that prevents an electronic prescription from | 12 | | being issued; | 13 | | (4) the prescription is for a drug that the | 14 | | practitioner reasonably determines would be impractical | 15 | | for the patient to obtain in a timely manner if prescribed | 16 | | by an electronic data transmission prescription and the | 17 | | delay would adversely impact the patient's medical | 18 | | condition; | 19 | | (5) the prescription is for an individual who: | 20 | | (A) resides in a nursing or assisted living | 21 | | facility; | 22 | | (B) is receiving hospice or palliative care; | 23 | | (C) is receiving care at an outpatient renal | 24 | | dialysis facility and the prescription is related to | 25 | | the
care provided; | 26 | | (D) is receiving care through the United States |
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| 1 | | Department of Veterans Affairs; or | 2 | | (E) is incarcerated in a state, detained, or | 3 | | confined in a correctional facility; | 4 | | (6) the prescription prescribes a drug under a | 5 | | research protocol; | 6 | | (7) the prescription is a non-patient specific | 7 | | prescription dispensed under a standing order, approved | 8 | | protocol for drug therapy, collaborative drug management, | 9 | | or comprehensive medication management, or in response to | 10 | | a public health emergency or other circumstance in which | 11 | | the practitioner may issue a non-patient specific | 12 | | prescription; | 13 | | (8) the prescription is issued when the prescriber and | 14 | | dispenser are the same entity; or | 15 | | (9) the prescription is issued for a compound | 16 | | prescription containing 2 or more compounds. | 17 | | (c) The Department of Financial and Professional | 18 | | Regulation may shall adopt rules for the administration of | 19 | | this Section . These rules shall provide for the | 20 | | implementation of any such exemption to the requirements under | 21 | | this Section that the Department of Financial and Professional | 22 | | Regulation may deem appropriate , including the exemption | 23 | | provided for in subsection (b) .
| 24 | | (d) Any prescriber who makes a good faith effort to | 25 | | prescribe electronically, but for reasons not within the | 26 | | prescriber's control is unable to prescribe electronically, |
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| 1 | | may be exempt from any disciplinary action. | 2 | | (e) Any pharmacist who dispenses in good faith based upon | 3 | | a valid prescription that is not prescribed electronically may | 4 | | be exempt from any disciplinary action. | 5 | | (f) It shall be a violation of this Section for any | 6 | | prescriber or dispenser to adopt a policy contrary to this | 7 | | Section. | 8 | | (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. | 9 | | 102-1109 for effective date of P.A. 102-490).)".
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