Full Text of HB1010 096th General Assembly
HB1010eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning dental practice.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Dental Practice Act is amended by | 5 |
| changing Sections 16, 17, and 49 and by adding Section 7.5 as | 6 |
| follows: | 7 |
| (225 ILCS 25/7.5 new)
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| Sec. 7.5. Emerging scientific technology and applications. | 9 |
| In the interest of public safety, the Board may review emerging | 10 |
| scientific technology and applications and, when appropriate, | 11 |
| adopt rules to govern the appropriate use and require the | 12 |
| appropriate training needed for this technology by dental | 13 |
| hygienists and assistants acting under the supervision of a | 14 |
| dentist. "Emerging scientific technology" may include without | 15 |
| limitation laser treatments and other treatments and potential | 16 |
| treatments that, if used incorrectly, could have an adverse | 17 |
| effect on patient health and safety.
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| (225 ILCS 25/16) (from Ch. 111, par. 2316)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 16. Expiration, renewal and restoration of licenses.
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| The expiration
date and renewal date for each license issued | 22 |
| under this Act shall
be set by
rule. The renewal period for |
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| each license issued under this Act shall be 3 years. A dentist | 2 |
| or dental hygienist may renew a license during the month
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| preceding its expiration date by paying the required fee. A | 4 |
| dental hygienist
shall provide proof of current | 5 |
| cardiopulmonary resuscitation certification at
the time of | 6 |
| renewal. Cardiopulmonary resuscitation certification training | 7 |
| taken as a requirement of this Section shall be counted towards | 8 |
| the continuing education hours under Section 16.1 of this Act.
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| Any dentist or dental hygienist whose license has expired | 10 |
| or whose license is
on inactive status may have his license | 11 |
| restored at any time within 5 years
after the expiration | 12 |
| thereof, upon payment of the required fee and a showing of | 13 |
| proof of compliance with current continuing education | 14 |
| requirements, as provided by rule.
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| Any person whose license has been expired for more than 5 | 16 |
| years or who has
had his license on inactive status for more | 17 |
| than 5 years may have his license
restored by making | 18 |
| application to the Department and filing proof acceptable to
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| the Department of taking continuing education and of his | 20 |
| fitness to have the license restored, including sworn
evidence | 21 |
| certifying to active practice in another jurisdiction, and by | 22 |
| paying
the required restoration fee. A person practicing on an | 23 |
| expired license is
deemed to be practicing without a license. | 24 |
| However, a holder of a license may renew the license within 90 | 25 |
| days after its expiration by complying with the requirements | 26 |
| for renewal and payment of an additional fee. A license renewal |
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| within 90 days after expiration shall be effective | 2 |
| retroactively to the expiration date.
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| If a person whose license has expired or who has had his | 4 |
| license on inactive
status for more than 5 years has not | 5 |
| maintained an active practice satisfactory
to the department, | 6 |
| the Department shall determine, by
an evaluation process | 7 |
| established by rule, his or her fitness to resume
active status | 8 |
| and may require the person to complete a period of evaluated
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| clinical experience and may require successful completion of a | 10 |
| practical
examination.
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| However, any person whose license has
expired while he has | 12 |
| been engaged (1) in federal or state service active
duty, or | 13 |
| (2) in training or education under the supervision of the | 14 |
| United
States preliminary to induction into the military | 15 |
| service, may have his
license restored without paying any | 16 |
| lapsed
renewal or restoration fee, if within 2 years after | 17 |
| termination of such
service, training or education other than | 18 |
| by dishonorable discharge, he
furnishes the Department with | 19 |
| satisfactory proof that he has been so
engaged and that his | 20 |
| service, training or education has been so terminated.
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| (Source: P.A. 94-409, eff. 12-31-05.)
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| (225 ILCS 25/17) (from Ch. 111, par. 2317)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 17. Acts Constituting the Practice of Dentistry. A | 25 |
| person
practices dentistry, within the meaning of this Act:
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| (1) Who represents himself as being able to diagnose or | 2 |
| diagnoses,
treats, prescribes, or operates for any | 3 |
| disease, pain, deformity, deficiency,
injury, or physical | 4 |
| condition of the human tooth, teeth, alveolar process,
gums | 5 |
| or jaw; or
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| (2) Who is a manager, proprietor, operator or conductor | 7 |
| of a
business where
dental operations are performed; or
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| (3) Who performs dental operations of any kind; or
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| (4) Who uses an X-Ray machine or X-Ray films for
dental | 10 |
| diagnostic purposes; or
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| (5) Who extracts a human tooth or teeth, or corrects or | 12 |
| attempts to
correct
malpositions of the human teeth or | 13 |
| jaws; or
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| (6) Who offers or undertakes, by any means or method, | 15 |
| to diagnose, treat
or remove stains, calculus, and bonding | 16 |
| materials from human teeth or jaws; or
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| (7) Who uses or administers local or general | 18 |
| anesthetics in the treatment
of dental or oral diseases or | 19 |
| in any preparation incident to a dental operation
of any | 20 |
| kind or character; or
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| (8) Who takes impressions of the human tooth, teeth, or | 22 |
| jaws or performs
any phase of any operation incident to the | 23 |
| replacement of a part of a tooth,
a tooth, teeth or | 24 |
| associated tissues by means of a filling, crown, a bridge,
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| a denture or other appliance; or
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| (9) Who offers to furnish, supply, construct, |
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| reproduce or repair, or
who furnishes, supplies, | 2 |
| constructs, reproduces or repairs, prosthetic
dentures, | 3 |
| bridges or other substitutes for natural teeth, to the user | 4 |
| or
prospective user thereof; or
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| (10) Who instructs students on clinical matters or | 6 |
| performs any clinical
operation included in the curricula | 7 |
| of recognized dental schools and colleges ; or .
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| (11) Who takes impressions of human teeth or performs | 9 |
| any phase of any operation incident to teeth whitening, | 10 |
| including, but not limited to, the sale, instruction, and | 11 |
| application on site of teeth whitening materials or | 12 |
| procedures. | 13 |
| The fact that any person engages in or performs, or offers | 14 |
| to engage in
or perform, any of the practices, acts, or | 15 |
| operations set forth in this
Section, shall be prima facie | 16 |
| evidence that such person is engaged in the
practice of | 17 |
| dentistry.
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| The following practices, acts, and operations, however, | 19 |
| are exempt from
the operation of this Act:
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| (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 undertakes to reproduce or reproduces
lost parts | 24 |
| of the human teeth in the mouth or to restore or replace | 25 |
| lost
or missing teeth in the mouth; or
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| (b) The practice of dentistry in the discharge of their |
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| official duties
by dentists in any branch of the Armed | 2 |
| Services of the United States, the
United States Public | 3 |
| Health Service, or the United States Veterans
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| Administration; or
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| (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
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| (d) The practice of dentistry by clinical instructors | 10 |
| in the course of
their teaching duties in dental schools or | 11 |
| colleges approved by the
Department:
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| (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
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| (ii) when holding the rank of full professor at | 17 |
| such approved dental
school or college and possessing a | 18 |
| current valid license or authorization
to practice | 19 |
| dentistry in another country; or
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| (e) The practice of dentistry by licensed dentists of | 21 |
| other states or
countries at meetings of the Illinois State | 22 |
| Dental Society or component
parts thereof, alumni meetings | 23 |
| of dental colleges, or any other like dental
organizations, | 24 |
| while appearing as clinicians; or
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| (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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| assistants; or
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| (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.
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| For purposes of this paragraph (g), "dental service" is | 6 |
| defined to mean
any intraoral procedure or act which shall | 7 |
| be prescribed by rule or
regulation of the Department. | 8 |
| Dental service, however, shall not include:
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| (1) Any and all diagnosis of or prescription for | 10 |
| treatment of disease,
pain, deformity, deficiency, | 11 |
| injury or physical condition of the human teeth
or | 12 |
| jaws, or adjacent structures.
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| (2) Removal of, or restoration of, or addition
to | 14 |
| the hard or soft tissues of the oral cavity.
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| (3) Any and all correction of malformation of teeth | 16 |
| or of the jaws.
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| (4) Administration of anesthetics, except for | 18 |
| application of topical
anesthetics and monitoring of | 19 |
| nitrous oxide. Monitoring of
nitrous oxide may be | 20 |
| performed after successful completion of a training
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| program approved by the Department.
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| (5) Removal of calculus from human teeth.
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| (6) Taking of impressions for the fabrication of | 24 |
| prosthetic
appliances,
crowns,
bridges, inlays, | 25 |
| onlays, or other restorative or replacement
dentistry.
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| (7) The operative procedure of dental hygiene |
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| consisting of oral
prophylactic procedures, except for | 2 |
| coronal polishing,
which may be
performed by a
dental | 3 |
| assistant who has successfully completed a training | 4 |
| program approved by
the Department. Dental assistants | 5 |
| may perform coronal polishing under the
following | 6 |
| circumstances: (i) the coronal polishing shall be | 7 |
| limited to
polishing the
clinical crown of the tooth | 8 |
| and existing restorations, supragingivally; (ii)
the
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| dental assistant performing the coronal polishing | 10 |
| shall be limited to the use
of
rotary instruments using | 11 |
| a rubber cup or brush polishing method (air polishing
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| is
not permitted); and (iii) the supervising dentist | 13 |
| shall not supervise more
than 4
dental assistants at | 14 |
| any one time for the task of coronal polishing.
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| (h) The practice of dentistry by an individual who:
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| (i) has applied in writing to the Department, in | 17 |
| form and substance
satisfactory to the Department, for | 18 |
| a general dental license and has
complied with all | 19 |
| provisions of Section 9 of this Act, except for the
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| passage of the examination specified in subsection | 21 |
| (e), of Section 9, of this
Act; or
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| (ii) has applied in writing to the Department, in | 23 |
| form and substance
satisfactory to the Department, for | 24 |
| a temporary dental license and has
complied with all | 25 |
| provisions of subsection (c), of Section 11, of this | 26 |
| Act; and
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| (iii) has been accepted or appointed for specialty | 2 |
| or residency training
by a hospital situated in this | 3 |
| State; or
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| (iv) has been accepted or appointed for specialty | 5 |
| training in an
approved dental program situated in this | 6 |
| State; or
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| (v) has been accepted or appointed for specialty | 8 |
| training in a dental
public health agency situated in | 9 |
| this State.
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| The applicant shall be permitted to practice dentistry | 11 |
| for a period of 3
months from the starting date of the | 12 |
| program, unless authorized in writing
by the Department to | 13 |
| continue such practice for a period specified in
writing by | 14 |
| the Department.
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| The applicant shall only be entitled to perform such | 16 |
| acts as may be
prescribed by and incidental to their | 17 |
| program of residency or specialty
training and shall not | 18 |
| otherwise engage in the practice of dentistry in this
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| State.
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| The authority to practice shall terminate immediately | 21 |
| upon:
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| (1) the decision of the Department that the | 23 |
| applicant has failed the
examination; or
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| (2) denial of licensure by the Department; or
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| (3) withdrawal of the application.
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| (Source: P.A. 91-594, eff. 1-1-00 .)
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| (225 ILCS 25/49) (from Ch. 111, par. 2349)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 49. Identification of dentures. | 4 |
| (a) Every complete upper and
lower denture and removable | 5 |
| dental prosthesis fabricated by a dentist,
or fabricated | 6 |
| pursuant to his or her prescription, shall
be marked with the | 7 |
| name or social security number, or both, of the patient
for | 8 |
| whom the prosthesis is intended. The markings shall be done | 9 |
| during
fabrication and shall be permanent, legible and | 10 |
| cosmetically acceptable.
The exact location of the markings and | 11 |
| the methods used to apply or implant
them shall be determined | 12 |
| by the dentist or dental laboratory fabricating
the prosthesis. | 13 |
| If in the professional judgment of the dentist, this full
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| identification is not possible, the name or social security | 15 |
| number may be omitted.
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| (b) Any removable dental prosthesis in existence
which was | 17 |
| not marked in accordance with paragraph (a)
of this Section at | 18 |
| the time of fabrication, shall be so marked at the
time of any | 19 |
| subsequent rebasing or duplication.
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| (Source: P.A. 84-365 .)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law. |
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