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91_HB2010
LRB9102111ACtm
1 AN ACT to amend the Illinois Dental Practice Act by
2 changing Sections 17 and 18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Dental Practice Act is amended
6 by changing Sections 17 and 18 as follows:
7 (225 ILCS 25/17) (from Ch. 111, par. 2317)
8 Sec. 17. Acts Constituting the Practice of Dentistry. A
9 person practices dentistry, within the meaning of this Act:
10 (1) Who represents himself as being able to diagnose or
11 diagnoses, treats, prescribes, or operates for any disease,
12 pain, deformity, deficiency, injury, or physical condition of
13 the human tooth, teeth, alveolar process, gums or jaw; or
14 (2) Who is a manager, proprietor, operator or conductor
15 of a business where dental operations are performed; or
16 (3) Who performs dental operations of any kind; or
17 (4) Who uses an X-Ray machine or X-Ray films for dental
18 diagnostic purposes; or
19 (5) Who extracts a human tooth or teeth, or corrects or
20 attempts to correct malpositions of the human teeth or jaws;
21 or
22 (6) Who offers or undertakes, by any means or method, to
23 diagnose, treat or remove stains, calculus, and bonding
24 materials from human teeth or jaws; or
25 (7) Who uses or administers local or general anesthetics
26 in the treatment of dental or oral diseases or in any
27 preparation incident to a dental operation of any kind or
28 character; or
29 (8) Who takes impressions of the human tooth, teeth, or
30 jaws or performs any phase of any operation incident to the
31 replacement of a part of a tooth, a tooth, teeth or
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1 associated tissues by means of a filling, crown, a bridge, a
2 denture or other appliance; or
3 (9) Who offers to furnish, supply, construct, reproduce
4 or repair, or who furnishes, supplies, constructs, reproduces
5 or repairs, prosthetic dentures, bridges or other substitutes
6 for natural teeth, to the user or prospective user thereof;
7 or
8 (10) Who instructs students on clinical matters or
9 performs any clinical operation included in the curricula of
10 recognized dental schools and colleges.
11 The fact that any person engages in or performs, or
12 offers to engage in or perform, any of the practices, acts,
13 or operations set forth in this Section, shall be prima facie
14 evidence that such person is engaged in the practice of
15 dentistry.
16 The following practices, acts, and operations, however,
17 are exempt from the operation of this Act:
18 (a) The rendering of dental relief in emergency cases in
19 the practice of his or her profession by a physician or
20 surgeon, licensed as such under the laws of this State,
21 unless he undertakes to reproduce or reproduces lost parts of
22 the human teeth in the mouth or to restore or replace lost or
23 missing teeth in the mouth; or
24 (b) The practice of dentistry in the discharge of their
25 official duties by dentists in any branch of the Armed
26 Services of the United States, the United States Public
27 Health Service, or the United States Veterans Administration;
28 or
29 (c) The practice of dentistry by students in their
30 course of study in dental schools or colleges approved by the
31 Department, when acting under the direction and supervision
32 of dentists acting as instructors; or
33 (d) The practice of dentistry by clinical instructors in
34 the course of their teaching duties in dental schools or
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1 colleges approved by the Department:
2 (i) when acting under the direction and supervision
3 of dentists, provided that such clinical instructors have
4 instructed continuously in this State since January 1,
5 1986; or
6 (ii) when holding the rank of full professor at
7 such approved dental school or college and possessing a
8 current valid license or authorization to practice
9 dentistry in another country; or
10 (e) The practice of dentistry by licensed dentists of
11 other states or countries at meetings of the Illinois State
12 Dental Society or component parts thereof, alumni meetings of
13 dental colleges, or any other like dental organizations,
14 while appearing as clinicians; or
15 (f) The use of X-Ray machines for exposing X-Ray films
16 of dental or oral tissues by dental hygienists or dental
17 assistants; or
18 (g) The performance of any dental service by a dental
19 assistant, if such service is performed under the supervision
20 and full responsibility of a dentist.
21 For purposes of this paragraph (g), "dental service"
22 means is defined to mean any intraoral procedure or act which
23 shall be prescribed by rule or regulation of the Department.
24 Dental service, however, shall not include: (1) any and all
25 diagnosis of or prescription for treatment of disease, pain,
26 deformity, deficiency, injury or physical condition of the
27 human teeth or jaws, or adjacent structures.
28 (2) Any and all removal of, or restoration of, or
29 addition to the hard or soft tissues of the oral cavity.
30 (3) Any and all correction of malformation of teeth
31 or of the jaws.
32 (4) Administration of anesthetics (other than
33 topical).
34 (5) Any removal of calculus and stains from human
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1 teeth.
2 (6) Any and all taking of impressions for the
3 fabrication of orthodontic appliances, prosthetic
4 appliances, space maintainers, crowns, bridges, splints,
5 inlays, onlays, or other restorative or replacement
6 dentistry.
7 (7) The operative procedure of dental hygiene
8 consisting of oral prophylactic procedures.
9 (8) The application to the surfaces of the teeth or
10 gums of chemical compounds designed to be desensitizing
11 agents or effective agents in the prevention of dental
12 caries or periodontal disease.
13 (h) The practice of dentistry by an individual who:
14 (i) has applied in writing to the Department, in
15 form and substance satisfactory to the Department, for a
16 general dental license and has complied with all
17 provisions of Section 9 of this Act, except for the
18 passage of the examination specified in subsection (e),
19 of Section 9, of this Act; or
20 (ii) has applied in writing to the Department, in
21 form and substance satisfactory to the Department, for a
22 temporary dental license and has complied with all
23 provisions of subsection (c), of Section 11, of this Act;
24 and
25 (iii) has been accepted or appointed for specialty
26 or residency training by a hospital situated in this
27 State; or
28 (iv) has been accepted or appointed for specialty
29 training in an approved dental program situated in this
30 State; or
31 (v) has been accepted or appointed for specialty
32 training in a dental public health agency situated in
33 this State.
34 The applicant shall be permitted to practice dentistry
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1 for a period of 3 months from the starting date of the
2 program, unless authorized in writing by the Department to
3 continue such practice for a period specified in writing by
4 the Department.
5 The applicant shall only be entitled to perform such acts
6 as may be prescribed by and incidental to their program of
7 residency or specialty training and shall not otherwise
8 engage in the practice of dentistry in this State.
9 The authority to practice shall terminate immediately
10 upon:
11 (1) the decision of the Department that the
12 applicant has failed the examination; or
13 (2) denial of licensure by the Department; or
14 (3) withdrawal of the application.
15 (Source: P.A. 89-116, eff. 7-7-95.)
16 (225 ILCS 25/18) (from Ch. 111, par. 2318)
17 Sec. 18. Acts Constituting the Practice of Dental
18 Hygiene. Limitations. A dental hygienist may be employed or
19 engaged only:
20 (a) Under the supervision of a dentist:
21 (1) In the office of a dentist; or
22 (2) By a federal, State, county or municipal agency
23 or institution; or
24 (3) By a public or private school; or
25 (4) By a public clinic operating under the
26 direction of a hospital or federal, State, county,
27 municipal or other public agency or institution.
28 When employed or engaged pursuant to this paragraph (a) a
29 dental hygienist may perform the following procedures and
30 acts:
31 (i) the operative procedure of dental hygiene,
32 consisting of oral prophylactic procedures; ,
33 (ii) the exposure and processing of X-Ray films of
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1 the teeth and surrounding structures; ,
2 (iii) the application to the surfaces of the teeth
3 or gums of chemical compounds designed to be
4 desensitizing agents or effective agents in the
5 prevention of dental caries or periodontal disease; ,
6 (iv) all services which may be performed by a
7 dental assistant as specified by rule pursuant to Section
8 17; ,
9 (v) administration and monitoring of nitrous oxide
10 upon completion of a training program approved by the
11 Department; and
12 (vi) (v) such other procedures and acts as shall be
13 prescribed by rule or regulation of the Department.
14 (b) Under the general supervision of a dentist in a
15 long-term care facility licensed by the State of Illinois, or
16 a mental health or developmental disability facility operated
17 by the Department of Human Services, if the patient is unable
18 to travel to a dental office because of illness or infirmity.
19 The dentist shall personally examine and diagnose the patient
20 and determine which services are necessary to be performed,
21 which shall be contained in a written order to the hygienist.
22 Such order must be implemented within 90 days of its
23 issuance, and an updated medical history and oral inspection
24 must be performed by the hygienist immediately prior to
25 beginning the procedures to ensure that the patient's health
26 has not changed in any manner to warrant a reexamination by
27 the dentist.
28 (c) Without the supervision of a dentist, a dental
29 hygienist may perform dental health education functions and
30 may record case histories and oral conditions observed.
31 The number of dental hygienists practicing in a dental
32 office shall not exceed, at any one time, 4 times the number
33 of dentists practicing in the office at the time.
34 (Source: P.A. 88-65; 89-507, eff. 7-1-97.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 2000.